General Terms & Conditions of Sale
(for new customers/upgrades from 01/01/20)
Please take a few minutes to carefully read the terms and conditions for the products and services you have ordered from NUWAVE Communications Ltd, to be stated as “NUWAVE” for the remainder of these Terms and Conditions.
By allowing NUWAVE to install the hardware (the “Goods”) at your premises to receive your chosen Nuwave Broadband service, you are accepting the terms and conditions of the contract below.
- AGREEMENT. Subscriber agrees to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement.
- THE SUBSCRIBER.Subscriber is at least 18 years of age, is legally able to enter into contracts and is responsible for this Subscriber account. Subscriber shall pay all fees, taxes, charges and other expenses incurred in connection with the account.
- SUBSCRIBER ACKNOWLEDGEMENTS REGARDING THE SERVICE.(a) The “Service” consists of a Broadband Internet connection through Line of Sight wireless technology. While NUWAVE will undertake all reasonable commercial efforts to deliver the stated service, the Subscriber acknowledges that service speed can vary depending on Internet traffic and other factors beyond the control of NUWAVE. The Service may contain material that is unsuitable for minors and Subscriber acknowledges that NUWAVE does not and can not filter the content. (b) Subscriber acknowledges that in order to provide the Service, NUWAVE has contracted with communications and network operators for Internet access. Subscriber further acknowledges that NUWAVE will only provide uninterruptible continuous Service to Subscriber pursuant to this Agreement to the extent which NUWAVE receives such service from linked communications and network operators. (c) Subscriber acknowledges and agrees that, from time to time, NUWAVE may be required to temporarily suspend the Service to Subscriber to verify compliance with applicable licenses, authorizations, and compliance with the technical and operating parameters of the network. Under such circumstances, NUWAVE will use all reasonable efforts to minimize disruption to the service, including making reasonable efforts that any such suspension take place out of normal business hours. (d) Subscriber accepts that NUWAVE may change or withdraw any element of the Service from time to time and will use all reasonable efforts to notify Subscriber of any necessary change in the Services. (e) Subscriber acknowledges that the Service is an “always open” connection to the Internet while the equipment is powered on and that it is Subscriber’s SOLE RESPONSIBILITY to install, configure and maintain suitable security measures to protect Subscriber’s computer and equipment from unauthorized or malicious access from the Internet. Any advice or equipment provided by NUWAVE is provided as is and NUWAVE accepts no responsibility or liability for the security of Subscriber’s systems.
- EQUIPMENT. (a) From service activation, NUWAVE provide the necessary equipment to satisfy the Agreement, including any line, antenna, modem, set top box, wireless router, cable, LNB and any other equipment or apparatus needed as part of the Agreement, all of which will hereafter be termed “Equipment”. The Subscriber shall agree to provide NUWAVE access and permission to use said equipment on demand without reasonable delay, obstruction or interference. (b) Subscriber agrees to use the Equipment in accordance with NUWAVE’s instructions and to restrict access to the Equipment to only those representatives and agents authorized by NUWAVE. Subscriber agrees to take reasonable steps to protect the Equipment from damage, loss or theft. (c) Subscriber agrees to notify NUWAVE as soon as reasonably possible once he becomes aware of any damage to the equipment or defect in the operation of the equipment by telephoning or emailing NUWAVE at the numbers or addresses published from time to time, or firstname.lastname@example.org (d). A standard install consists of the Antenna, internal router and ancillary items like cable and the Fixtures and Fittings required for a standard install. The €150 install fee covers the internal router and labour. Any non-standard, extra equipment / labour will be quoted for on the day of install, prior to the work being carried out.
- TERM. This Agreement is on a monthly, rolling-contract basis and shall automatically renew for subsequent month term, until terminated in accordance with this Agreement. Subscriber may terminate this Agreement upon thirty (30) days written notice to NUWAVE. NUWAVE may in its sole discretion terminate this Agreement at any time. In the event that NUWAVE terminates this Agreement for reasons other than breach of this Agreement by Subscriber, then NUWAVE shall endeavor to the extent reasonably possible to provide 30 days’ notice to Subscriber. Subscriber is liable under this Agreement for all fees and charges until such time as the Agreement has been terminated. SUBSCRIBER UNDERSTANDS THAT UNLESS WRITTEN NOTIFICATION (email email@example.com or letter) IS RECEIVED BY NUWAVE, THE SERVICE SHALL CONTINUE AND SUBSCRIBER WILL CONTINUE TO BE RESPONSIBLE FOR PAYMENT OF APPLICABLE SERVICE FEES.
- TERMINATION. (a) If Subscriber is dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, and if these issues cannot be resolved through NUWAVE’s Customer Complaints procedure, Subscriber’s sole remedy is to discontinue using the Service, cancel the account, and pay any cancellation fees that apply. To cancel the Service, Subscriber, (or authorized representative) must send a written request for termination by email or post to NUWAVE, to arrive not less than 5 working days before the end of the current billing term (i.e. Calendar month),upon which the subscribers’ service will be cancelled at midnight on the last day of that particular calendar month (b) Upon cancellation or termination of this Agreement, related email and hosting services will be terminated and all Subscriber files stored on NUWAVE servers may be deleted. NUWAVE may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if NUWAVE, in its sole discretion, believes you have violated the Agreements or if Subscriber fails to pay any charges when due. (c) NUWAVE may terminate this agreement immediately if Subscriber is subject to bankruptcy, insolvency examinership, receivership, liquidation or any similar proceedings, or in NUWAVE’s exclusive opinion is unable to pay fees due to NUWAVE. (d) On termination, the Equipment will be collected by Nuwave at a stated time as agreed with the Subscriber. The Equipment remains the property of NUWAVE at all times, the fee payable at install is only for the work carried out on the day (inc internal router), not for the equipment.
- COOLING OFF PERIOD.There is also a cooling off period after installation of 14 days within which the client may cancel without penalty. NuWave operates this policy under the European Union (Consumer Information, Cancellation and Other Rights) Regulation 2013(Sl484/2013) whereby the Customer is entitled to a cooling off period of 14 days(link to Cancellation form available on our home page)
- FEES AND PAYMENT.(a) Subscriber shall pay a monthly service fee and all other applicable fees, charges, taxes, and other amounts for the Service at the rates in effect for the current billing period. NuWave will give customers 30 days’ notice in advance of any changes to contractual conditions and will allow customers to withdraw without penalty and without delay in receipt of this notice. Payment is due in full by Direct Debit on the 15th day of every month for the duration of the contract, except where annual prepayment has been selected (All prepayments are only part payments towards the annual contribution/subscription). The first monthly payment is payable upon installation. All subsequent monthly charges will be collected via Direct Debit. Adjustments will not be made for charges that are more than 30 days old, unless formally agreed with NUWAVE. If any payment is more than 5 days overdue or is returned by the bank unpaid, the Service may be suspended with immediate effect and remain suspended until the due amounts are paid in full. A fee of €40 will be charged on reconnection. The Subscriber is not relieved of the obligation to pay the monthly service fee while an account is suspended. NUWAVE may at its sole discretion terminate the Service and this Agreement for any accounts which are 14 days or more overdue. A reactivation fee or deposit may be required before Service is reactivated after suspension or termination. Credit account balances shall not accrue interest. Subscriber agrees to pay the reasonable costs of any collection agency, solicitor or court used by NUWAVE to collect past due amounts or to enforce this Agreement. Returned cheques or Direct Debits will incur a €10 administration fee. (c) Payment for install is to be provided to the installer or the office on the day of install. All bank details to be provided on the day of install to avoid interruption to service.
- SUBSCRIBER ACCOUNT.(a)Subscriber is solely responsible for use of the Service and for ensuring their security information is kept confidential. Subscriber must notify NUWAVE immediately upon discovering any unauthorized use of their account. (b) Subscriber acknowledges that usernames, passwords and IP addresses may change or be changed from time to time, and specifically that fixed IP addresses are not guaranteed, except in the case of custom services where this specifically comprises part of the service contract.
- FAIR USAGE POLICY. The policy applies to all persons using the products and services of NuWave Internet Service, this policy is designed to protect the products and service NuWave offer and our customers. NuWave reserve the right to modify this policy from time to time effective immediately upon posting, NuWave support the free flow of information and ideas over the internet and only actively monitor use when asked to investigate complaints from enforcement agency of the Guards. We do not throttle, block or cap services on our unlimited products and ensure our customers receive a fair and consistent uninterrupted experience and like other service provides we have a fair usage policy of 1TB in any 30 days to preserve our network integrity and to avoid network degradation to other users. Customers whose behavior is deemed to be affecting the overall user experience of other customers on the network may experience restrictions to protect our network and its users. Prohibited uses, Illegal activity including transmission, distribution, retrieval or storage of information protected by copyright, patent and trademark. Install or distribute pirate software products. Harassment Actions that restrict or inhibit anyone. Introducing malicious programmes or attempting to cause security breaches of internet communications.The Normally Available speed that you could expect to receive most of the time when accessing your broadband service is 80% of your Maximum Speed achieved at point of installation. While average speeds are significantly higher the contracted minimum download speed is 1 Mbps and the minimum upload speed available is .50 Mbps. If you experience any continuous or regularly recurring discrepancy between the actual performance of the Broadband Service and the speeds set out you should contact us, and we will endeavor to diagnose and resolve your issue. Where your account has had several or reoccurring unresolved issues in relation to your service and it is not possible to remedy the issue and where the relevant facts in relation to the actual performance of the Broadband Service to NuWave satisfaction, then you have the right to withdraw from this Agreement without penalty. You may also choose to exercise your rights under common law such as seeking rescission of the contract or under consumer law, such as the Sales of Goods and Supply of Services Act, 1980 (as amended) in accordance with your rights under Irish law. For the purposes of this clause, “continuous or regularly recurring” means that the customer has raised the matter with NuWave in accordance with NuWave customer care policy and Code of Practice and NuWave has been given the opportunity to remedy the situation.
- INSTALLATION. (a) The installation, use, inspection, maintenance, repair, and removal of the equipment may result in service outage or potential damage to your computer. Subscriber is solely responsible for backing up all existing computer files and data. NUWAVE and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. (b) NUWAVE will endeavor to provide the Service to all eligible applicants, subject to technical and commercial feasibility. NUWAVE may, in its sole discretion, determine that it cannot or will not service a particular site or Subscriber, and reserves the right to cancel the installation process and refund any money that Subscriber has paid. NUWAVE will notify you of its intent to cancel as soon as reasonably possible. It may take up to 90 or more days to determine if NUWAVE is able to provide service in certain locations. NUWAVE shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
- SOFTWARE LICENSE.NUWAVE grants to Subscriber a non-exclusive, non-assignable and non-transferable license to use and display the software provided by or on behalf of NUWAVE only for purposes of accessing the Service. Unauthorized copying of the Software is expressly forbidden. Subscriber may not sublicense, assign or transfer the license or the Software.
- COPYRIGHTS AND LICENSES.The content on the Service is protected under applicable copyright law. Any copying, modification, distribution, publication or other use by Subscriber, or by any user of Subscriber’s account, of any such content is prohibited, except as expressly permitted by the holder of the applicable copyrights.
- NO ENDORSEMENT.NUWAVE does not endorse or in any way vouch for the accuracy or completeness of any content made available through the Service. NUWAVE does not recommend that such content be relied on by Subscriber without appropriate verification.
- SUBSCRIBER CONDUCT.Subscriber shall comply with all laws, rules, regulations and legal obligations related to the Service and with all acceptable use policies and procedures established from time to time by NUWAVE. Sub-scriber shall not use the Service to conduct any business or activity or to solicit the performance of any activity which is prohibited by any law, rule, regulation or legal obligation. Subscriber shall not intercept email in an unauthorized manner or engage in “spamming” or any similar conduct. Subscriber is prohibited from illegal movie site downloads and NUWAVE may block access to these sites.
- THIRD PARTY ACCESS.(a) Subscriber shall not resell, share, lease, hire or otherwise permit access to the Service to any third party, including but not limited to the connection of any third party to the Service through use of direct cable connection, network connection, wireless networking, or any other means. (b) NUWAVE reserve the right to suspend the Service pending investigation where it reasonably suspects the above clause is breached by Subscriber and reserves the right to terminate with immediate effect the Service and this Agreement where such breach has taken place.
- SERVICE MONITORING.NUWAVE has no obligation to monitor the Service, but may do so and disclose information regarding use of the Services for any reason if NUWAVE, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Subscribers. NUWAVE may immediately remove your material or information from NUWAVE servers, in whole or in part, which NUWAVE, in its sole and absolute discretion, determines to infringe another’s property rights or to violate NUWAVE’s Acceptable Use Policy.
- SUBSCRIBER EQUIPMENT.Subscriber shall maintain and operate suitable and fully compatible terminal equipment and communication devices required to access the service. NUWAVE makes no representation or warranties, either express or implied, regarding such Subscriber equipment.
- DISCLAIMER OF WARRANTIES.Access to the service is not guaranteed. The Service is distributed on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise.
- LIMITATION OF LIABILITY.Neither NUWAVE nor any of its information or content providers, service providers, licensors, employees or agents shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of Subscriber’s use of the service or inability to use the service or any breach of any representation or warranty. In any event, no such liability shall exceed the total amount actually paid by Subscriber for services provided under this agreement for the prior six month period.
- INDEMNITY. Subscriber assumes all risk and liability for any use of the Service. Subscriber agrees to indemnify NUWAVE against all claims, liability, damages, costs and expenses, including but not limited to reasonable legal fees, arising out of or related to Subscribers use of the Service.
- THIRD PARTY BENEFICIARIES.The provisions of Sections 19, 20 and 21 are for the benefit of NUWAVE and its respective contractors, information or content providers, service providers, licensors, employees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
- SUPPORT SERVICES.Subscriber shall direct all enquiries and service related issues to NUWAVE’s Customer Sales and Support contact points, as defined on its website from time to time or directly by email to firstname.lastname@example.org.
- APPLICABLE LAWS.This Agreement shall be governed by the laws of the Republic of Ireland. Any cause of action of Subscriber, or by users of Subscriber’s account, with respect to the Service or this Agreement must be instituted within six (6) months after the claim or cause of action has arisen or be barred. It is acknowledged that this is a services contract and not a contract for the sale of goods.
- GENERAL. (a)This Agreement constitutes the entire agreement between the parties relating to the subject matter hereunder, and supersedes any and all oral and/or written statements, discussions; representations and agreements made by either party to the other, and may not be assigned without the express written consent of NUWAVE. No modification of this Agreement shall be binding on either party unless it is in writing and signed by both parties. Failure on the part of NUWAVE to enforce any provision of this Agreement shall not be construed as a general waiver or relinquishment of the right to enforce such provision. If any provision shall be held unenforceable, the validity legality and enforceability of the remaining provisions shall in no way be affected thereby, and the intent of the unenforceable provision en-acted to the maximum enforceable extent. (b) Publicity: NUWAVE may identify Subscriber as user of NUWAVE’s services in reports, advertisements and other promotional literature or forms of publication. Subscriber should advise NUWAVE in writing if it does not wish to be identified. (c) These Terms and Conditions may be modified by NUWAVE from time to time, the current and applicable version always being available in electronic form from the relevant section of the NUWAVE website at www.Nuwave.ieNUWAVE will make reasonable attempts by email, SMS, and other communication, to inform Subscriber when the Terms and Conditions of the Service are amended. Should any modification cause a reasonable deterioration in the level of the Service the Subscriber could reasonably expect, their sole remedy is to terminate service in writing within 30 days of such change. Should Subscriber continue to use the Service 30 days following date of notice of an amendment made to the Terms and Conditions the Subscriber is deemed to have accepted the amended terms. (d) Headings for Convenience. All headings preceding paragraphs and subparagraphs have been inserted for convenience of reference only, and shall not be relied upon in determining the meaning of the rights and obligations of NUWAVE or Subscriber.