Terms and Conditions / Service Agreement

1 DEFINITIONS

In this Agreement, unless the context clearly indicates otherwise the following words and expressions shall have the meaning ascribed:

1.1 “Agreement” means this order form and terms and conditions (as amended, extended or replaced by Orion Digital Broadband from time to time);

1.2 “Authorised Installer” shall mean a person or company appointed by Orion Digital Broadband to install, adjust, maintain or repair the Equipment;

1.3 “Consumer” means consumer as defined in the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001 – i.e. a natural person who, as regards a distance contract, is acting for purposes which are outside that person’s trade, business or profession;

1.4 “Equipment” means the equipment and/or any other item to include all fittings, accessories and modifications thereto from time to time provided as an essential part of providing the Service under this Agreement; exclude routers.

1.5 “Orion Digital Broadband” shall mean Orion Digital Services ltd;

1.6 “Minimum Subscription Period” means the term commencing on date of installation of the Equipment and the date twelve (12) months thereafter;

1.7 “Notice Date” means the date 30 (thirty) days after written notice is given to Orion Digital Broadband by the Subscriber requesting the removal of the Equipment;

1.8 “Parties” or “the Parties” means the Subscriber and Orion Digital Broadband including their assignees;

1.9 “Premises” means the location at which the Subscriber receives the Services and where the Equipment is installed;

1.10 “Service” means an Internet Protocol (IP) based internet connectivity service provided by Orion Digital Broadband, connecting the Subscriber to the Internet via Orion Digital Broadband’s network, including any such additional services as may be subscribed to by the Subscriber;

1.11 “Customer” shall mean the party to whom Orion Digital Broadband is providing the Service; 1.12 “Subscription” means the amount payable to Orion Digital Broadband for the provision of Service and the use of the Equipment together with any Value Added Tax and any other taxes (at applicable rates from time to time);

1.13 “Subscription Period” means the entire term of this Agreement, which shall automatically continue after the Minimum Subscription Period until cancelled by either Party upon thirty (30) days’ prior notice to the other Party.

 

2 GENERAL TERMS 2.1 Orion Digital Broadband supplies the Service and the Equipment to the Customer, pursuant to this Agreement. Orion Digital Broadband hereby grants the Customer the right to use the Equipment and the Service in accordance with the terms of this Agreement, and the Customer hereby accepts such use on the terms and conditions as set out in this Agreement.

2.2 This Agreement contains the entire agreement between the Parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all Parties to this Agreement or their duly authorised representatives.

2.3 No indulgence, leniency or extension of time which Orion Digital Broadband may grant or show to the Customer, shall in any way prejudice Orion Digital Broadband or preclude Orion Digital Broadband from exercising any of its rights in the future.

2.4 The Customer acknowledges that it has read, understood and agrees to be bound by the terms of this Agreement. The Customer further acknowledges that this Agreement was fully completed and the particulars set forth therein are true and correct.

2.5 Orion Digital Broadband will make reasonable commercial efforts to maintain access to the Service and ensure that it is available for use by the Customer. However Orion Digital Broadband cannot be held responsible for accidental non-availability for outages of services, or for unforeseen interruptions to the Service.

2.6 If any provision of this Agreement is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining provisions of this Agreement shall not as far as possible be changed or modified and all other terms and conditions not so severed shall continue in full force and effect.

2.7 Orion Digital Broadband reserves the right to revise the terms of this Agreement at anytime upon giving reasonable notice to the Customer. We shall indicate on Orion Digital Broadband’s web site the date of the last revision of the terms of this Agreement. Such changes will take immediate effect when they are posted on this site, or upon such date as may be reasonably notified.

 

3 ACCEPTANCE AND INSTALLATION

3.1 The Customer acknowledges that the basis of this Agreement is that:

3.1.1 The Customer shall at its own cost ensure that the Premises are suitable for the installation, use and accommodation of the Equipment;

3.1.2 If the Customer is not the owner of the Premises on which the Equipment will be installed, it is the Customers responsibility to ensure they have received written authorisation from the owner to install the Equipment at the Premises prior to installation. The Customer acknowledges and agrees that it shall fully and effectively indemnify and keep Orion Digital Broadband indemnified for any costs incurred as a result of the Customer’s breach of this clause; and

3.1.3 In order to facilitate delivery of the Equipment, the Customer shall grant access to the Premises to allow for installation (and subsequently for repair and maintenance). Should the Customer fail to grant access to the Premises, the Customer shall be responsible for reasonable costs associated with the labour time lost, and Orion Digital Broadband shall not be responsible for non provision of Services as a consequence.

3.2 In the event the Premises are not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable the Customer to avail of the Service. Any costs associated with the additional Equipment must be borne by the Customer over and above the Subscription. The Customer will be advised of such costs (if any) in advance of the installation of the Equipment. The customer and will sign a written agreement before installation

3.3 All risk of loss and damage in and to the Equipment shall, from the date of delivery to the Customer, vest with the Customer.

 

4 PAYMENT OF CHARGES 4.1 Upon receipt of the service, the Customer shall discharge to Orion Digital Broadband the installation fee plus one month’s broadband fee in the amount stipulated in the order form. This payment shall be made by way of Bank Draft/Cheque or Direct Debit. The remainder of the payment or payments shall be made monthly or annually in advance by Bank Draft/Cheque or Direct Debit.

4.2 The Company reserves the right to modify payment method and prices upon written notification to the customer from time to time.

4.3 Orion Digital Broadband shall be entitled and is hereby specifically authorised to, at its election, either immediately cancel this Agreement and/or suspend the supply of Services to the Customer and/or to recover the Equipment (as provided for in this Agreement), upon failure by the Subscriber to pay the Subscription or if the Customer is in breach of the terms of this Agreement.

4.4 Should a Customer’s payment fail for any reason that is due to the Subscriber, Orion Digital Broadband shall apply an administration charge of €7.50 incl VAT for each and every event of failure.

4.5 Should it arise that a Customer’s Service is disconnected by Orion Digital Broadband following continued payment failures, or non-payment, a reconnection charge of €99.00 plus incl VAT shall be levied and must be paid by the Customer prior to reconnection by Orion Digital Broadband.

4.6 Should the Customer ever be occasioned to pay to Orion Digital Broadband any ancillary amount, as is not provided for in this Agreement, then such amount shall be paid directly to Orion Digital Broadband over and above the charges set out in this Agreement.

4.7 Should the Service not be available as a result of damage to the Equipment by the Customer, whether inadvertently or intentionally, the Customer shall remain liable for the full Subscription during such period where the Service is not available to the Customer

 

5 UPGRADE

5.1 The Customer may, with the written approval of Orion Digital Broadband, upgrade the Service on the basis that:

5.1.2 The Customer shall have given Orion Digital Broadband at least 7 (seven) days prior written notice of its intention to upgrade; and

5.1.3 the Customer shall at the time of giving such notice, have complied with all the terms and conditions of this Agreement and shall continue to do so;

5.1.4 The Customer shall sign all documentation necessary to give force and effect to such upgrade; and

5.1.5 The Customer shall accept all amendments, where necessary, to any charges (including the Subscription) stated in the order form due and payable to Orion Digital Broadband as are then occasioned by the Customer exercising its upgrade option.

 

6 THE SUBSCRIBER’S RESPONSIBILITIES AND USE OF THE SERVICE

6.1 When Customer’s use the Service for Internet access, they may not:

6.1.1 resell or provide access to the Service or to any other Orion Digital Broadband service to any third parties or parties not located on the same Premises, without the prior express written consent of Orion Digital Broadband. Breach of this provision may result in immediate suspension of the Service until the problem is corrected;

6.1.2 restrict or inhibit any other user from using the Internet;

6.1.3 post or transmit any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;

6.1.4 Post or transmit any information or software that contains a Trojan, worm, virus or other harmful component;

6.1.5 Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes;

6.1.6 upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;

6.1.7 upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or derivative works, as are copyrighted as a collective work under European, Irish or International copyright laws;

6.1.8 remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;

6.1.9 Avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;

6.1.10 sends unsolicited e-mail or any e-mail that causes complaints from the recipients of the unsolicited e-mail;

6.1.11 send large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as “spamming” or “mailbombing”);

6.1.12 make any unauthorized attempt to gain access to any account or computer resource not belonging to that user (also known as ‘spoofing’);

6.1.13 obtain or attempt to obtain Services by any means or device with intent to avoid payment;

6.1.14 make any unauthorized access, alteration, destruction, or any attempt, of any information of any Orion Digital Broadband customers or end-users by any means or device;

6.1.15 knowingly engage in any activities that will cause a denial of Services (DoS) (e.g., synchronized number sequence attacks) to any Orion Digital Broadband customers or end-users, or any other person;

6.1.16 use Orion Digital Broadband’s products and services to interfere with the use of Orion Digital Broadband’s network by other customers or authorized users or any other person;

6.1.17 violate the law or aid another in any unlawful act;

6.1.18 run programs or servers that provide network services to others through the Services (“web hosting”), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections, unless that right has been incorporated Into this Agreement; or

6.1.19 use the Services in such away as to impair or degrade the operation or performance of the Services and/or Orion Digital Broadband’s network, including but not limited to abusive or excessive use.

6.2 Except for information, products or services clearly identified as being supplied by Orion Digital Broadband, Orion Digital Broadband does not operate or control any information, products or services on the Internet.

6.3 The Internet contains unedited materials that Customers may find offensive or objectionable. Subscribers access such materials at their own risk. Orion Digital Broadband has no control over and accepts no responsibility for these materials. Customers may wish to utilize software designed to limit access to certain material on the Internet.

6.4 Orion Digital Broadband is not responsible for content or policies available on other sites linked to its site. Use of any links to other webpages, is at the Customers own risk.

6.5 Orion Digital Broadband may take any action it deems appropriate without notice to protect the Services and its facilities for provision of the Services. If Orion Digital Broadband denies Customers access to Services pursuant to this Section, Subscribers will have no right;

  1. to access through Orion Digital Broadband to any materials stored on the Internet; or
  2. to access third party services, merchandise or information on the Internet through Orion Digital Broadband, and Orion Digital Broadband will have neither responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.

6.6 Orion Digital Broadband has no obligation to monitor Services. Customers agree that Orion Digital Broadband has the right to monitor Services electronically from time to time, and consent to Orion Digital Broadband’s access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate Services properly, to improve Services, or to protect itself or its customers. Orion Digital Broadband reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement. (A copy of our Acceptable Use Policy is available from our website or upon request)

6.7 If Customers wish to make purchases on the Internet, they may be asked by the merchant or Orion Digital Broadband from whom they are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless Orion Digital Broadband is a party to such transaction however, Orion Digital Broadband disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.

6.8 The Service is provided on an “as is, as available” basis. Customers release Orion Digital Broadband from and Orion Digital Broadband shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by any Customer in connection with their use of or inability to use Orion Digital Broadband’s services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by them even if the same is caused by Orion Digital Broadband’s own negligence. Orion Digital Broadband specifically disclaims any responsibility for the accuracy or quality of information obtained through its Service.

6.9 Any network address assignments issued by Orion Digital Broadband (i.e., Class C address Internet Protocol numbers) are the property of Orion Digital Broadband and are considered to be loaned to its subscribers. In the event the Service is discontinued for any reason, such IP addresses will revert to Orion Digital Broadband immediately.

6.10 Orion Digital Broadband customer account descriptions in some cases may specify limits on bandwidth or simultaneous network connections for residential Customer, and use up to these limits is included in the subscriptions for that type of customer. In the event Orion Digital Broadband determines that a residential Customers is exceeding the bandwidth, or number of simultaneous network connections, the residential Customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the residential Customer may be requested to upgrade to the appropriate service level agreement or to modify the activity creating the excess use. If excessive bandwidth or simultaneous network connections is determined by Orion Digital Broadband to adversely affect Orion Digital Broadband’s ability to provide service for all Customers, immediate action may be taken to alleviate the problem. In such event, the residential Subscriber will be notified by email at once. The customer is expected to operate within the category of subscription in the agreement particularly with reference to the appropriate level of downloads as are applicable to the said agreement entered into.

7 DURATION AND TERMINATION

7.1 If the Customer is a Consumer, the Customer will have a “cooling off period” of 14 (fourteen) working days from the date the order is placed by the Customer to cancel this Agreement. The Customer must send such cancellation notice in writing to Orion Digital Broadband requesting cancellation of the Services within the cooling off period.

7.2 After the Minimum Subscription Period expires, the Agreement may be terminated by either party, giving the other party twenty-eight (28) days’ prior notice. The Subscriber must pay the Subscription up to the end of that twenty-eight (28) day notice period.

7.3 If the Subscriber terminates this Agreement before the end of the Minimum Subscription Period other than in the circumstances outlined in paragraph 7.1, the Subscriber must pay immediately the balance of the Subscription due for the rest of the Minimum Subscription Period. A cancellation fee of €99.00 will be charged.

7.4 If, during the Minimum Subscription Period, Orion Digital Broadband, following fourteen (14) days notice to the Subscriber, either increases the Subscription by a total of more than ten per cent (10%) or makes significant changes to the Services, the Subscriber may terminate this Agreement by giving at least twenty-eight (28) days notice in writing. If no notice of such intention to terminate is received within twenty-eight (28) days, the Subscriber will be deemed to have accepted the increase in charges and/or the changes to the Service. 7.5 Orion Digital Broadband provides the Services under a license granted by ComReg. Orion Digital Broadband may terminate this Agreement with immediate effect by giving written notice if the license is revoked or otherwise terminated for any reason whatsoever.

7.6 Orion Digital Broadband reserves the right to suspend the Service and/or terminate this Agreement without notice to the Subscriber and to claim for any losses or expenses (if any) incurred by Orion Digital Broadband as a result of such suspension and/or termination if;

7.6.1 the Subscriber fails to pay all or any part of the Subscription or any other fees when due;

7.6.2 the Subscriber commits a breach of any material obligation under this Agreement and (in the case of a breach which is capable of being remedied ) fails to remedy the breach within twenty-eight (28) days or one calendar month of receiving written notice to do so from Orion Digital Broadband;

7.6.3 Orion Digital Broadband is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;

7.6.4 the Subscriber is in breach, non-performance or non-observance of this Agreement and/or the Subscriber is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service.

7.6.5 immediately on bankruptcy, insolvency or other contractual incapacity of the Subscriber. Orion Digital Broadband shall terminate the Agreement if the period of suspension lasts more than [sixty (60) days].

 

8 THE EQUIPMENT

8.1 The Equipment is and shall remain the property of Orion Digital Broadband and the Subscriber shall not be entitled to acquire ownership during or after termination of this Agreement. 8.2 The Subscriber shall;

8.2.1 if not the owner of the Premises, obtain all requisite notices and consents from the owner of the Premises prior to installation of the Equipment. Orion Digital Broadband shall assume no liability whatsoever arising from the failure of the Subscriber to procure the same; 8.2.2 promptly notify Orion DigitalBroadband in writing if the Equipment is to be moved to premises not being the Premises. Orion Digital Broadband provides no warranty as to the connectivity to the Services at such new premises, and assumes no liability whatsoever if it is unable to provide the Services at the new premises. In such a case the Service shall terminate upon the date upon which Orion Digital Broadband is given access to de-install the Equipment. If this occurs prior to the expiry of the Minimum Subscription Period, the Subscriber shall be liable in full for the charges in respect of the remainder of the Minimum Subscription Period;

8.2.3 not move the Equipment from the site or location of its installation without the prior written consent of Orion Digital Broadband, which consent shall not be unreasonably withheld; 8.2.4 not make any alteration or modification to the Equipment without Orion Digital Broadband’s written consent; and

8.2.5 keep the Equipment free from the claim of third parties and from attachment;

8.2.6 shall not alienate, transfer or encumber the Equipment either in part or as a whole or allow any lien to arise in respect thereof;

8.2.7 advise the owner of the Premises of Orion Digital Broadband’s ownership of the Equipment and prior to entering into this Agreement advise Orion Digital Broadband of the name and address of the owner (and any subsequent owner) where the Equipment is installed whereupon Orion Digital Broadband shall be entitled to notify such persons in writing of Orion Digital Broadband’s rights in the Equipment and shall be allowed to inspect the Equipment at all reasonable times. 8.2.8 ‘By signing the agreement the Customer grants Orion Digital Broadband or its agents access to the premises to remove the equipment on a written request to Orion Digital broadband. If access is not granted within 28 days of the date of the request then the Customer will be deemed to have purchased the equipment for the original purchase price and be liable to Orion Digital Broadband for that cost.

8.2.9 ‘The Customer irrevocably allows Orion Digital Broadband to recover its equipment together with all the documents as are in the Customer’s possession in relation to the equipment from the Customer.

8.2.10 The Customer hereby warrants that the equipment returned will be in good working order, fair wear and tear excepted.

 

9 INTELLECTUAL PROPERTY RIGHTS

9.1 All content, including but not limited to trademarks, logos and taglines identifying Orion Digital Broadband or its affiliates, graphics, images, content, button icons, service names, business names, domain names, copyright and related rights, database rights and rights in get up (the “Content”) are solely Orion Digital Broadband’s property or that of its operating companies or others.

9.2 Orion Digital Broadband’s Content may not be used by the Customer for any purpose whatsoever unless the intended use of the Content is approved in advance by Orion Digital Broadband in writing.

9.3 Orion Digital Broadband reserves the right to seek all remedies available at law, in equity or under international copyright laws for violations of this Agreement, including the right to block access to a particular Internet address or site.

9.4 THE CUSTOMER UNDERSTANDS THAT THEY MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. CUSTOMERS MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS, LEGAL FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.

 

 

10 INSURANCE

10.1 The Customer shall, unless otherwise agreed to by the Parties in writing, for the period of this Agreement, cover the risk of loss and damage to the Equipment, to ensure the risk is covered by an appropriate policy or policies of insurance.

10.2 If the Equipment or any part thereof is lost, stolen or damaged, the Customer shall immediately notify Orion Digital Broadband in writing within 5 (5) days of the happening or becoming aware of any such an event.

10.3 The Customer absolves Orion Digital Broadband from any liability for all costs in respect of the repair and/or replacement of the Equipment that are not fully or all recovered from the Customer.

 

11 MAINTENANCE

11.1 The Customer shall take reasonable care in the use of the Equipment and shall at its own cost and expense maintain the Equipment in proper working order and protect it from loss and damage.

11.2 Orion Digital Broadband shall, at its own cost, remedy any damage to the Equipment caused by faulty workmanship or defects in the Equipment provided that the Equipment was installed by Orion Digital Broadband or by an Authorised Installer approved by Orion Digital Broadband.

 

12 INDEMNITY AND LIMITS OF LIABILITY

12.1 The Customer hereby indemnifies and holds Orion Digital Broadband harmless against any and all losses, injury, damage, fines, penalties and claims of whatsoever nature and howsoever arising from or connected with the Equipment, or the services and whether or not such claims are caused by any act or omission of the Customer or anyone else.

12.2 Liability is neither restricted nor excluded for:

12.2.1 death or personal injury resulting from any act or omission by Orion Digital Broadband or the acts or omissions of Orion Digital Broadband representatives or contractors while acting on its behalf; or

12.2.2 direct physical damage to the Customer’s personal property to an amount not exceeding one thousand Euro (€1,000) plus 21% VAT in respect of any one event or series or connected events where such damage arises from Orion Digital Broadband’s own negligence, or the negligence of its employees, representatives or contractors while acting in the course of employment by Orion Digital Broadband; or

12.2.3 any statutory obligations which cannot by law be excluded or restricted including any liability arising by virtue of Sale of Good and Supply of Services Act 1980.

12.3 Orion Digital Broadband will not be liable under or in connection with this Agreement for any unforeseen, consequential or indirect loss or damage, loss of profits, business, revenue, contracts or anticipated savings, wasted expense, financial loss, lost or destroyed data, liability to third parties or for damage or compensation for loss of use of the Services. 12.4 Orion Digital Broadband shall not be liable for failure to comply with undertakings under this Agreement if hindered from doing so by something outside its reasonable control. Matters outside its reasonable control will include but not be limited to lightning, flood or severe weather conditions, fire or explosion, civil disorder, terrorist activity, war, actions of local or national government or industrial disputes, performance of leased or rented telecommunications services or network or other operators, and the Internet.

 

13 PROCEDURE ON TERMINATION

13.1 upon the termination of this Agreement for any reason whatsoever, the Subscriber shall forthwith allow Orion Digital Broadband to recover the Equipment, together with all documents as are in the Subscriber’s possession relating to the Equipment from the Subscriber.

13.2 The Subscriber shall be obliged, at his own risk and expense, to immediately return the Equipment to Orion Digital Broadband to the address to be nominated by Orion Digital Broadband.

13.3 The Subscriber shall ensure that the Equipment is returned to Orion Digital Broadband in good working order, fair wear and tear excepted.

 

14 BREACH

14.1 Should the Customer:

14.1.1 Default in the payment of any amounts when they are due under the terms of this Agreement; or

14.1.2 Fail to observe any other of the terms, conditions and/or obligations (all of which are agreed to be material) of this Agreement or of any other agreement with Orion Digital Broadband; or

14.1.3 be sequestrated or placed under judicial management or be wound up, provisionally or finally, or abandon the Equipment, or allow the Equipment to be seized under any legal process; or

14.1.4 suffer to be done anything which might prejudice Orion Digital Broadband’s rights under this Agreement or which might cause Orion Digital Broadband to suffer any loss or damage; then upon the occurrence of any one or more of these events, Orion Digital Broadband shall be entitled to take one or more of the following actions – immediately terminate this Agreement, suspend the Service, take possession of the Equipment, recover from the Subscriber payment of all such amounts due at the date of cancellation, retain all monies already paid by the Subscriber and claim all outstanding amounts which would have been due until expiry of this Agreement and to recover all costs, including legal costs.

14.2 In the event of termination of this Agreement in terms of this paragraph 14 the Subscriber shall be obliged, at his own risk and expense, to immediately return the Equipment to Orion Digital Broadband at the address to be nominated by Orion Digital Broadband.

 

15 ASSIGNMENT AND DELEGATION

15.1 The Subscriber shall not cede any of his rights nor delegate any of his obligations hereunder without the prior written consent of Orion Digital Broadband.

15.2 Orion Digital Broadband shall be entitled to transfer to any third party at its absolute discretion all or any of its rights under this Agreement, including its rights of ownership in the Equipment, either absolutely or as collateral security. This clause shall be irrevocably deemed to constitute formal notice of such cession by Orion Digital Broadband to the Customer. All rights in this Agreement recorded in favour of Orion Digital Broadband shall on cession pass to the benefit of the cessionary, who shall then be capable of enforcing such rights against the Customer who then shall hold the Equipment on behalf of and in accordance with the instructions and directions of the cessionary;

15.3 Orion Digital Broadband shall be entitled to delegate all or any of its obligations under this Agreement to any third party at its absolute discretion.

 

16 JURISDICTION

16.1 This Agreement shall in all respects be governed and construed in accordance with the laws of the Republic of Ireland and all disputes, actions and other matters in connection therewith shall be determined in accordance with such laws. The Courts of Ireland shall have jurisdiction to deal with any proceedings in respect of this Agreement.

 

17 NOTICES

17.1 Each of the Parties chooses, for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement, their respective addresses as set forth on the order form.

 

18 COSTS

18.1 parties shall bear their own costs related to the preparation or completion of this Agreement.

 

19 PERSONAL DATA

19.1 Orion Digital Broadband respects and protects its Customers right to privacy in accordance with the Data Protection Acts 1988 and 2003. Any information obtained by Orion Digital Broadband through an application for the Service may be accessed and used by Orion Digital Broadband for the purposes of performing its obligations under this Agreement and for administration, risk assessment, market research, marketing, debt recovery and credit checking purposes, accurate billing and efficient operation of the Service. The Customer shall be deemed to have given consent for the use of their information for such purposes. For full details of how Orion DigitalBroadband uses the information it collects, and under what circumstances we disclose information, please read the Orion Digital Broadband Privacy Statement which is hereby incorporated into and forms part of this Agreement. The Privacy Statement is available on our website or on request from our customer service department

 

20 RECOMMENDATION TO PRINT

20.1 Orion Digital Broadband recommends that the Customer prints off a copy of these terms and conditions and privacy statement for his/her own records.