Terms of Use
Terms of Use |
Payments | Termination &
Suspension | Privacy
All Terms and Conditions incorporate GOEGI and GOEGI's
subsidiary business units.
GENERAL TERMS AND CONDITIONS FOR SERVICES
1. Definitions and Interpretation
1.1 Company means “GOEGI trading as One Click Ireland” or any of
GOEGI's affiliated companies under this agreement.
"Agreement" means the Application and these terms and conditions
as varied by Company.
"Application" means the application to us for Service to you,
completed in full and accepted by Company either by notice in
writing or by Company providing the Service.
"Billing month" means calendar month or anniversary month as
applicable.
"Commencement Date" means the date on which Company commences
providing the Service to Customer.
"Customer" means a person whose Application is accepted by
Company.
You represent that you are at least 18 years old and that you
have the right and ability to enter into this Agreement.
"Law" means any law (including common law), regulation, standard
or code of practice including any Law governing the Service or this
Agreement.
"Agreement Term" means any minimum period of service as stated
in any written information or on the Company website and selected
in the Application.
"Company website" means the website at the URL
http://www.oneclickireland.com or such other websites as
may be notified by Company from time to time.
"Products" means the provision of products and items sold at
Company shops and Company authorised distributors.
“Provider” means any of Company's infrastructure, service or
utilities providers including providers of infrastructure, services
or utilities used in providing the Services.
“Service” means the provision of services to access and/or
utilise the Internet including services to host web pages on its
servers and to provide electronic mail accounts and any other
services as may be introduced and provided by Company.
“Words” denoting the singular include the plural and vice versa.
Including and include are not to be treated as words of limitation.
2. Fees and Charges
2.1 From the Commencement Date, the Customer will pay the fees
and such other charges relating to the Service or this Agreement at
the rates notified by Company from time to time ("Fees").
Invoices. Notices for billing invoices are sent
via electronic mail. Requests for paper invoices will incur a
charge of €2.50 per mail out.
Payment Terms. Fees are due and payable 14 days
from date of invoice. Company may charge the greater of a late
payment fee of €10 per month or interest on any overdue Fees at 12%
per year from the due date of payment together with any prevailing
reminder fee notified by Company.
Monthly Subscription Fees. Monthly subscription
fees are billed in advance while excess usage fees are billed in
arrears. For accounts with minimum monthly charges, this amount is
payable irrespective of the services being used or not.
Additional Charges. Rejected cheques or invalid
credit card transactions will be automatically charged back to the
Customer's account. A charge of €37.50 is charged for dishonoured
or stopped cheques while credit card chargeback's will attract a fee
as advised by the Customer's credit card provider. A charge of
€2.50 applies for posted or faxed invoices.
Change in Charges. Company reserves the right
to modify fees and charges for services and products it provides at
any time by notice to you. Your continued use of the service after
such notice will constitute acceptance of the variation. Notices
under this agreement must be sent by post, by facsimile, or by
email, unless Company specify an alternative means of giving notice
in order to verify your identity. Customers will be notified via
email not less than 14 days prior to any such changes.
Invoice Disputes. The Customer must notify
Company of any dispute, as soon as practicable but in any event no
later than 30 days after issue date of the invoice. A valid notice
will contain the full Customer details plus the reasons for
disputing the fees or charges. Once Company receives a valid
request, it will acknowledge and confirm receipt of the notice to
the Customer within 48 hours. The minimum time for Company to review
a disputed bill is 14 days.
Credits on Account. Customer must notify
Company of any credit request as soon as possible. Full Customer
details will be required including the reasons for credit. Once
Company receives a valid request, it will acknowledge and confirm
receipt of the request within 48 hours. All credit on account
requests are to be investigated before it can be granted. Approved
credit applications will be given by crediting the Customer's
account. The minimum turnaround of a credit on account is 14 days.
Refunds. Customer must notify Company of any
refund request as soon as possible but in any event no later than
30 days after the date on which the reason for the refund request
arose. Full Customer details will be required including the reasons
for refund. Once Company receives a valid request, it will
acknowledge and confirm receipt of the request within 48 hours. All
refund applications are to be investigated before it can be granted.
The minimum turnaround of a refund application is 14 days. Approved
refund applications will be refunded free of interest. If, in
GOEGI's reasonable opinion, the Customer breaches any of the terms
and conditions in the Agreement or the Acceptable Use Policy,
Company may suspend the Customer's access. The Customer is not
entitled to a credit or refund for loss of access during the
suspension period.
Payment Options. Fees and charges are payable
by credit card, Bank Transfer, invoice or as specified by Company.
Credit Card. If a credit card number has been
supplied for billing purposes, this is taken as permission to bill
this card for any money owing to the Company. Should this credit
card number expire or should Company otherwise be unable to debit
valid charges to this credit card number, Company may immediately
and without notice withdraw the Customer's access to the Service.
The Customer is responsible for updating or advising Company of any
changes relating to their credit card. A standing credit card
payment authority may be required if credit card payment is
elected.
2.2 Customer will pay to Company such security deposits as
Company may require and will pay additional deposits if required by
Company.
2.3 Customer must pay Fees even if Customer disputes the Fees.
In the event that Company decides a dispute in Customer's favour,
Company will refund to Customer any excess amount paid by Customer
free of interest.
2.4 Company's product list (as amended from time to time)
located on the Company website specifies the amount of data
transfer available to Customers for particular products or
services. If Customer transfers data in excess of these megabyte
limits, Customer will be charged at the rate specified on the
Company website.
2.5 Reconnection. If Company has suspended or terminated
Customer's service for any reason, it reserves the right to charge
Customer a Reconnection Fee before Company will reconnect the
account or lift the suspension.
3. Company's Rights
Company has the right to manage and control access to systems
and information stored within the Company system, as Company deems
appropriate. Company may vary or suspend the Service (or any part
of it) including removal of all or part of the content of web pages
hosted on its servers, removal of all or part of the postings on its
news service and the blocking of electronic messages through its
mail servers. Notwithstanding this right, Company does not have the
responsibility or capability to edit or review Customer web pages,
postings on news services or electronic messages through its mail
servers.
Company reserves the right to suspend, without prior notice,
some or all of the Service, if Company in its absolute discretion,
considers that the Customer has not complied with one or more of
the terms in the Agreement or the Acceptable Use Policy or as
otherwise misused or abused the Service.
In the event that Company suspends the Service, the Service will
be automatically terminated 3 months subsequent to the suspension
date if the account has not been reconnected prior to this date.
Special Promotions. Company reserves the right to apply special
terms and conditions on special promotions applied to its new
services, plans, products or offers. Customers will be advised of
these special conditions upon sign ups or product purchases. The
terms of a promotion will override these terms to the extent of any
inconsistency.
4. Obligations
Customer will, at Customer's own cost:
- (a) be responsible for the set-up or configuration of
Customer's equipment and obtaining all licences, consents,
approvals and rights for access to and use of the Service;
- (b) be responsible for all information retrieved, stored and
transmitted through the Service and for managing the use of
storage capacity so that it does not exceed the capacity
allocated to Customer and/or cause congestion in Company's
network system;
- (c) not intentionally attack, damage or otherwise interfere
with Company's network system and/or the Service or use it to
cause harm to any other person including other users of the
Service or other Internet service providers;
- (d) not send unsolicited bulk emails to third parties using
the Company network;
- (e) comply with any Laws in connection with the Service;
- (f) not share the Service with any person without the prior
written approval of Company and will use the Service only for
the purpose for which it is subscribed;
- (g) comply with the Acceptable Use Policies
4.1 It is the Customer's responsibility to keep their details up
to date. Accounts may be suspended if Company is unable to contact
the Customer via the details supplied by the Customer.
4.2 It is the Customer's responsibility to ensure that the
content of their web pages, postings on news services and
electronic messages is not illegal, defamatory, offensive or
otherwise in breach of the Acceptable Use Policies.
5. Security
5.1 As information transmitted through the Internet is generally
not confidential, Company does not guarantee the protection of
Customer's privacy. Customer will take all necessary measures
(including changing Customer's password from time to time) to
protect the secrecy of Customer's User Identification Name ("UIN")
and/or password. Change of password over the phone will only be
permitted and given to the authorised account holder. Verification
of the identity of the account holder will be conducted as required
by Company. Company is not liable for any loss suffered by Customer
or any third party due to any wrongful or fraudulent use of
Customer's account by Customer or any other person.
5.2 Company does not warrant that the Service will be
uninterrupted or error free.
6. Software
6.1 Company is not responsible for software not distributed,
approved or recognised by Company including software downloaded
from the Internet. If Customer uses such software in connection
with the Service, Company will not be liable for any fault, loss
and/or damage resulting directly or indirectly from such use.
7. Changes in Service
Company requires a minimum of 14 days notice before the intended
change in service. If Company receives a valid request, it will
acknowledge and confirm receipt of the requested change of Service
by e-mail within 48 hours. The effective date of such change will be
the first day of the next billing month. If Company receives the
change request earlier than 14 days prior to the end of the current
billing month, the change should be effective from the first day of
the next billing month. Change in charges will only be effective
from the 1st day of the next billing month. Any fees are payable
for the remaining term of the previous plan. No pro-rata refund is
applicable for change of plans.
8. Termination
8.1 Company requires a minimum of 30 days notice before the
intended account termination date. Once the Company receives a
valid request, it will acknowledge and confirm receipt of
termination requests by e-mail within 48 hours. The account will
remain open and available for use until the end of the current
billing month. Account charging will cease from the 1st day of the
next billing month. Parts of months are not refundable.
8.2 Company may terminate this Agreement immediately if:
- (a) Customer has breached any provision of this Agreement;
- (b) Customer has at any time provided any false or
incomplete information to Company;
- (c) in the opinion of Company or any regulatory authority,
it is not in the public interest to continue providing the
Service to Customer;
- (d) (where Customer is an individual) if Customer dies or is
declared a bankrupt; or
- (e) (where Customer is a corporation) if Customer becomes
insolvent, subject to administration or receivership or ceases
to carry on business or is subject to anything having a similar
effect.
8.3 Company reserves the right to delete the Customer's personal
files and email at any time after suspension or termination.
9. Liabilities of Customer upon Termination
9.1 If this Agreement is terminated pursuant to clause 8,
Customer will be liable for all Fees up to and including the expiry
date of the relevant Minimum Subscription Period. These Fees are
payable by Customer in accordance with our payment terms as stated
in clause 2.
9.2 Company may use any security deposits paid by Customer and
Customer credit card supplied for billing to offset any amounts due
from Customer under this Agreement or any other agreement between
Company and Customer, and any remaining balance will then be
refunded to Customer free of interest.
9.3 Indemnities given by Customer and Customer's obligations of
confidentiality survive the termination of this Agreement.
10. Suspension of Service
10.1 Company may at any time in its sole discretion suspend any
Service, without incurring any liability or prejudicing any of its
other rights or remedies, for whatever reason, including:
- (a) where Company suspects that Customer's account has been
hacked or accessed by an unauthorised person or that the
security of Customer's account has been compromised in any way;
or
- (b) where any Fees payable by Customer are overdue or any
deposit or increase in Fees required by Company is not paid by
Customer.
10.2 Upon Suspension, the Service will be deemed to be
terminated and Customer will be liable for all Fees up to the date
of Suspension and if the Minimum Subscription Period has not
expired, Customer will be liable for all Fees up to the end of the
relevant Minimum Subscription Period. Customer will also be liable
for any reminder fees invoiced by Company following Suspension and
prior to any termination of this Agreement pursuant to clause 8 at
rates prescribed by Company.
10.3 Company may, in its discretion, reconnect the Service or
service(s), as the case may be, in which event this Agreement will
be deemed to continue as if it had not been terminated. Company
reserves the right to impose on Customer a reconnection fee before
Company will reconnect the account or lift the suspension.
11. Support
Company may, but is not obligated to, provide Customer with on
site technical support. Company does not guarantee such support and
will not be liable for any loss or damages to equipment, software,
information incurred by Customer in connection with such support.
Company reserves the right to impose charges for support services
provided to Customer. Company's invoice will be evidence of
Customer's request for such services. Company will only provide
support for equipment, which is approved for use in a public
telecommunications network by the relevant statutory authority.
12. Limitation of Liability
12.1 When the Customer is a consumer as defined by any relevant
law, then certain terms will be implied into this Agreement for the
benefit of the Consumer and, where prescribed by law, those terms
cannot be modified or excluded by this Agreement ('Statutory
Warranties'). Two of these Statutory Warranties are implied
warranties that Company will provide services to a Consumer with due
care and skill and that any goods supplied to a Consumer in
connection with those services will be reasonably fit for the
purpose supplied. In all other cases and except where inconsistent
with these Statutory Warranties, the provisions of sub-clauses 12.2
to 12.5 and clause 13 apply.
12.2 For Customers who are not Consumers, Company's liability
for breach of a Statutory Warranty is limited to (at the election
of Company):
- (a) in the case of services, supplying the services again or
the cost of having the services supplied again;
- (b) in the case of goods, the lowest of the cost of
replacing the goods, acquiring equivalent goods or having the
goods repaired.
12.3 Except in relation to breach of a Statutory Warranty,
Company excludes all liability for:
- (a) breaches of any express or implied term, condition or
warranty; and
- (b) negligence, in connection with its performance of this
Agreement. Except in relation to breach of a Statutory Warranty,
Company is not liable for any loss of information caused as a
result of any interruption, suspension, or termination of the
Service, or for any information available, received or
transmitted through the Service.
2.4 Except in relation to breach of a Statutory Warranty,
Company is not liable to you for:
- (a) any economic loss or damage including any loss of
revenue, profits, actual or potential business opportunities,
contracts or anticipated savings or profits;
- (b) any indirect or consequential loss or damage;
- (c) any loss or damage relating to the acts or omissions of
any third party including any acts or omissions by a Provider;
and
- (d) any loss or damage resulting from computer viruses or
other defects.
12.5 Company makes no warranty or representation regarding any
advertiser, goods, software or services purchased or obtained
through the Service or any transactions entered into through the
Service. Customer's participation in promotions or advertisements is
solely between Customer and such advertiser and Company is not
liable for any loss or damage incurred as a result of such dealings
or the presence of such advertisers on the Service.
13. Indemnity
Customer indemnifies Company at all times against all claims,
actions, proceedings, costs, expenses (including legal costs on a
full indemnity basis), demands, liabilities, losses (whether
direct, indirect or consequential) and damages which Company may
incur arising out of or pursuant to any negligent or illegal act or
omission by Customer, breach by Customer of the terms of this
Agreement or any of Company's Acceptable Use Policies, or any
unauthorised use by Customer of the Service.
14. Confidentiality and Privacy
14.1 Customer must not disclose to any person or use for any
purpose any confidential information which comes to Customer's
knowledge in connection with the Service or this Agreement.
14.2 Company may access Customer's content and other parts of
the Service as necessary to identify or resolve technical problems
or to respond to service complaints.
14.3 Company complies with the requirements of the Privacy Act.
The Company Privacy Statement can be viewed and printed at
Privacy Policy Customer consents to the Company dealing
with Customer's personal information in the manner described in the
Privacy Statement.
15. Variation and Waivers
15.1 Company reserves the right to amend these terms and
conditions, any service plans, or Fees at any time upon notice (in
such form as may be determined by Company) to Customer. Notice via
electronic mail to the Customer's electronic mail addresses, by the
posting on Company's website and the Customer's continued use of or
subscription to the Service will be sufficient notice for this
purpose.
15.2 Any provision of this Agreement may be waived only if
Company so agrees in writing.
15.3 The failure of Company to exercise any of its powers,
rights or remedies under this Agreement will not constitute a
waiver of those powers, rights or remedies.
16. Assignment
Customer must not assign or agree to assign any right and must
not delegate performance of any of its obligations under this
Agreement. Company may assign any of its rights or obligations
under this Agreement.
17. Force Majeure
If Company is prevented by reason of any event or circumstance
beyond its control and without the wilful default or negligence of
Company (Force Majeure Event) from performing any of its
obligations under this Agreement, it will not be liable to Customer
for not performing, or for the manner of its performance of, such
obligation to the extent which, and for the period of time during
which, it is so prevented.
18. Governing Law and Jurisdiction
This Agreement is governed by the laws in force in Ireland.
19. Notices
19.1 Notices sent by Customer under this Agreement must be in
English and in legible writing and may be delivered by hand, by
mail, by facsimile or by email. Notices delivered by hand, by mail,
or by facsimile must be delivered to the Company's address or fax
number respectively set out in the Company information page on the
Company Website. Notices sent by e-mail must be sent to the Company
at the following addresses.
19.2 Notice by Customer will be deemed given:
- (a) in the case of hand delivery, upon written
acknowledgment of receipt by an officer or other duly authorised
employee, agreement or representative of the Company;
- (b) in the case of facsimile, upon receipt by the Customer
of an acknowledgment or transmission report generated by the
facsimile machine used to send the notice;
- (c) in the case of e-mail:
- (i) on receipt of
email acknowledgment from the
Company of the Customer's email for
any matter relating to:
- (A) any
invoice dispute or a
claim for refund or
credit under clause 2;
- (B) a
change of service or
plan under clause 7; or
- C) a
termination of service
under clause 8.1, and
- (ii) on receipt by
the Customer of a delivery
confirmation report on the
Customer's computer, for any other
matter.
20. Severability
If any provision of this Agreement is prohibited, invalid or
unenforceable that provision will be ineffective to the extent of
the prohibition, invalidity or unenforceability without
invalidating the remaining provisions of this Agreement.
21. Legal Costs
Customer will be liable for and indemnifies Company against all
costs and expenses (including legal costs on a full indemnity
basis) which Company may incur or pay in protecting or enforcing
any rights under this Agreement (including Customer's failure to pay
Fees).
22. Entire Agreement
This Agreement constitutes the entire agreement between Company
and the Customer. No understanding, arrangement or provision not
expressly set out in this Agreement will bind the parties and it is
further understood that use of this website is full acceptance of
these terms.
