|
PROMOTION
(1)
The Promotional Period is from September 8th to March 8th,
2005 (inclusive).
(2)
Customers may avail of eircom net email
protector free of charge for a trial period of two
months
(3)
This offer is only available to Customers with an
eircom net email address
(4)
We will endeavour to provide eircom net
email protector to eligible Customers who have
signed up to avail of the offer within 5 days of applying for the
offer
(5)
The Agreement shall be deemed to have commenced when the Customer
signs-up for the Facility on the eircom net
email protector-registration system, and it shall
remain in full force and effect until terminated.
(6)
At the expiration of the two month period eircom net
email protector will continue to be
supplied to Eligible Customers at standard terms and conditions
including prices, unless specifically terminated by the Eligible
Customer by notifying eircom that it no longer wishes to
avail of the Service
(7)
All notices given or rendered by the Customer to eircom
net shall be delivered by hand, by prepaid post or,
by facsimile or by email to eircom net at eircom
net, Unit B, Eastpoint Business Park, Fairview,
Dublin 3, email: eircomnetcontracts@eircom.net
Service
TERMS
& CONDITIONS
Frisk
Software International has appointed eircom as Distributor of its
F-Prot Aves Software Product in Ireland ("the Product")
and eircom makes the Product available to its Customers by way of
the eircom net email protector
Product (hereinafter "the Facility").
The
Facility provides a resource to eircom net
email Customers for removing virus and spam from eircom net
email accounts. eircom Limited hereby agrees to provide the Facility
to the Customer subject to the terms and conditions herein contained
and eircom net's Acceptable Usage Policy.
1.
INTERPRETATION
"Acceptance Usage Policy" means eircom net's
usage policy as displayed on www.eircom.net, as amended from time to
time;
"Billing Period" means the period for which the Customers
Telephone Service Provider bills the Customer for use of its
telecommunications services;
"Customer" means the eircom.net
email account holder, who is also a customer of eircom
for telecommunications services, who avails of the Facility
pursuant to the provisions of this Agreement
"eircom"
means eircom Limited and
where the context so admits or requires means eircom
trading as eircom.net;
"eircom net email protector"
means the Facility;
"Facility" means the email virus and spam detection
service more particularly described in Schedule 1 hereof;
"Telephone Service Provider" means eircom,
the provider of telecommunications voice services to the Customer.
2. RESPONSIBLITIES OF CUSTOMER
2.1 The Customer agrees to provide eircom net
with details of its arrangements with its telephone service provider
including, inter alia, telephone exchange line number and telephone
account number.
2.2 The Customer agrees that the information provided by it pursuant
to clause 2.1 above, may be validated by eircom net
against the Customer's Telephone Service Providers records. Access
to the Facility is contingent upon the Telephone Service Provider
agreeing to bill the charges for the Facility on the telephone
account issued to the Customer by such Telephone Service Provider
and agreeing to collect the charges for the Facility on behalf of eircom
net.
2.3 The Customer shall be responsible for ensuring that all systems
(networks and PCs) where the Facility will be applied are clean from
all known viruses prior to provision of the Facility including, but
not limited to, email archives.
2.4 The Facility has a number of security settings, the Customer
shall be responsible for choosing and setting its own security
levels. In the absence of the Customer choosing its level of
security, the default setting of "medium" shall apply for
viruses and the default setting of "high" shall apply for
Spam.
3. CHARGES AND PAYMENT
3.1 The charges payable for the Facility are as set out on the eircom
net website. eircom net
may supplement, alter or vary the charges on giving to the Customer
at least twenty-one (21) days prior notice.
3.2 All charges relating to the Facility are billed on the
Customer's Telephone Service Providers account. Bills for the
Facility are issued in the manner and at such times as bills for
telecommunications services provided by the Telephone Service
Provider to the Customer are billed and the Customer agrees to pay
the charges in accordance with and to be bound by the Telephone
Service Providers Credit Control policies and procedures.
3.3 Where the Customer's Telephone Service Provider refuses to bill
the Customer for the Facility on its telephone service account, the
Customer will not be able to receive the service any longer and it
will be ceased by eircom net.
4. SECURITY AND CONFIDENTIALITY
4.1 The Customer acknowledges that eircom net's
employees and representatives may gain access to the Customer's data
in the course of providing the Facility to the Customer. eircom
net will protect from unauthorised disclosure or
access the Customer data in its possession to which its employees or
representatives gain access by using the same degree of care that eircom
net takes to protect its own data of a similar
nature. However, this obligation will not apply to the Customer data
which is or becomes publicly available without fault on the part of eircom
net, is already in eircom net's
possession prior to the time eircom net
gains access to the data under this Agreement, is independently
developed by eircom net or is rightfully
obtained from third parties, without breach of confidentiality.
4.2 Each party shall treat as confidential all information obtained
from the other pursuant to this Agreement and shall not divulge such
information to any person (except to such party's own employees and
then only to those employees who need to know the same) without the
other parties prior written consent, provided however that this
clause shall not extend to information rightfully in the possession
of such party prior to entering into this Agreement, which is
already public knowledge or will become so at a future date
(otherwise that as a result of a breach of this clause) or which is
trivial or obvious. Each party shall ensure that its employees are
aware of and comply with the provisions of this clause. The
foregoing obligations as to confidentiality shall survive any
termination of this Agreement.
4.3 The security and confidentiality obligations of the parties
under this clause are subject to the provisions of the Data
Protection Act, 1988 - 2003 and all applicable law.
5. WARRANTIES
5.1 The Facility is provided on an "as is" basis and all
conditions and warranties expressed or implied whether by statute or
common law or otherwise are hereby excluded to the fullest extent
permitted by law.
5.2 The Customer acknowledges that no spam detection software can
guarantee to detect 100% of all spam and, therefore, uses the
Facility at its own risk. The Customer further acknowledges that
eircom net cannot and does not warrant that the Facility will detect
all viruses present in email going through the Facility at any time.
5.3 eircom net does not warrant that the
Facility will meet the Customer's requirements or that the operation
of the Facility will be uninterrupted or error-free or that any
defect in the Facility can or will be remedied. In particular, eircom
net makes no warranties or representation to the
extent that the operation of the Facility is dependent on third
party service providers and eircom net
shall have no liability in respect of defects, interruptions or
malfunctions in the Facility, which are attributable to such third
parties.
6. LIMITATION OF LIABILITY
6.1 In performing any obligations under this Agreement, eircom
net's duty is to:
(a) exercise the reasonable care and skill of a competent internet
service provider;
(b) eircom net does not exclude or
restrict any liability for death or personal injury resulting from eircom
net's negligence;
(c) save as is expressly provided for in this Agreement, eircom
net shall have no liability to the Customer in
respect of this Agreement whether in contract, tort or otherwise, in
particular and without prejudice to the foregoing, the Customer
acknowledges that eircom net has no
liability to the Customer for deletion, misdirection or delay of
email or loss or damage to records or data;
(d) eircom net will not be liable to the
Customer for special, indirect, incidental or consequential damages
(even if eircom net had been advised of
the possibility of such damages) including, but not limited to loss
of profits or savings, loss of or, use of services, cost of capital,
cost of substitute services or facilities, downtime costs or damages
and expenses howsoever arising;
(e) the Customer shall indemnify eircom net
against all claims made against eircom net,
its employees or agents, for loss, damage or injury to any person or
property occasioned by or arising from the Customer's operation or
use of the Facility.
7. TERM AND TERMINATION
7.1 The Agreement shall be deemed to have commenced when the
Customer signs-up for the Facility on the eircom net
email protector-registration system, and it shall
remain in full force and effect until terminated.
7.2 This Agreement may be terminated by eircom net
in the event of:
(a) the Customer being in arrears for a period of twenty one (21)
days after any charges payable hereunder has become due; or
(b) the Customer committing a breach of any of the terms of this
Agreement or eircom net's Acceptable Usage
Policy;
(c) the Customer's Telephone Service Provider being unwilling or
unable to bill the Customer for the Facility on bills issued by it
for telephone services. This includes, inter alia, any instance
where the Customer's Telephone Service Provider terminates or
changes the Customer's account number used for billing purposes.
Customers whose account number has changed must re-apply to avail of
the Facility.
7.3 eircom net reserves the right to
terminate this Agreement if:
(a) any Information provided by the Customer to allow provision of
the Facility to the Customer is untrue, inaccurate, out-of-date or
incomplete. The Customer must inform eircom net
if any of this information changes;
(b) it is obliged to do so by an order, instruction or request by a
Government or regulatory body, emergency service organisation or any
other competent body with whose order or instruction eircom
net is obliged to comply.
(c) a Customer uses the Facility in a manner, which breaches eircom
net's Acceptance User Policy;
(d) a Customer uses the Facility in a way that in the reasonable
opinion of eircom net causes or is likely
to cause annoyance to others.
7.4 This Agreement may be terminated by either party on giving
thirty (30) days prior notice in writing to the other. The Agreement
shall terminate on the expiration of the thirty (30) day notice
period. On termination of this agreement for the Facility the
Customer will be charged to the end of the then current Billing
Period.
8. INTELLECTUAL PROPERTY RIGHTS
The Customer acknowledges that all intellectual property rights in
the Facility are owned by eircom net or
its licensors and are protected by applicable copyright and/or trade
mark laws.
9. FORCE MAJEURE
Except for failure to make payments when due, neither party will be
liable to the other by reason of any failure in performance of this
Agreement if the failure arises out of the unavailability of third
party communication facilities or energy sources, acts of God, acts
of the other party, acts of governmental authority, fires, strikes,
delays in transportation, riots or war, or any cause beyond the
reasonable control of that party. If any such event prevents the
Customer from accessing the Facility or eircom net from providing
the Facility and continues for more than one (1) month, either party
may terminate the Facility upon delivery of notice to the other.
10. CONTACT POLICY
10.1 All notices served on the Customer by eircom net hereunder may,
at the discretion of eircom net be
addressed to the Customer by email or by facsimile, by post or by
hand or any other appropriate method to such address as may be
notified to eircom net by the Customer.
10.2 All notices served by email will be sent to the Customer's
eircom net email address and may, at the discretion of eircom
net, also be sent to any email address nominated by
the Customer. The Customer acknowledges that an email, sent to its eircom
net email address, regardless of whether or not
such notice has also been served on any other email address,
constitutes a valid service of notices for the purposes of this
clause 10.
10.3 eircom net reserves the right to contact the Customer by use of
the telephone number identified by use of the CLI (Caller Line
Identification Number) presented to eircom net
when the Customer is accessing the Facility.
10.4 All notices given or rendered by the Customer to eircom
net shall be delivered by hand, by prepaid post or,
by facsimile or by email to eircom net at eircom
net, Unit B, Eastpoint Business Park, Fairview,
Dublin 3, email: eircomnetcontracts@eircom.net
10.5 All notices shall be deemed to have been served:
(a) at the time of delivery, if delivered personally;
(b) forty-eight (48) hours after posting (in the case of an address
in Ireland and ninety-six (96) hours after posting for any other
address);
(c) two (2) hours after transmission if served by facsimile during
normal working hours or, in any other case, two (2) hours after the
commencement of normal working hours on the next business day; and
(d) within forty-eight (48) hours of an email being sent.
11. SUPPORT AND HELP DESK SERVICES
11.1 Technical Support Desk Access Customers shall have recourse to
technical support through eircom net
website or telephoning the appropriate eircom net telephone
number(s) as indicated at http://support.eircom.net
12. GENERAL PROVISIONS
12.1 Neither party may assign this Agreement without the prior
written consent of the other party, which consent will not be
unreasonably withheld; provided, however, that either party may
assign this Agreement, to a successor in interest to substantially
all of the business of that party and in the case of eircom
net,
to eircom Limited or to any company with the eircom group of
companies.
12.2 If any part or parts of this Agreement are held to be invalid,
the remaining parts of the Agreement will continue to be valid and
enforceable.
12.3 This Agreement shall be governed by the laws of Ireland.
12.4 Agreement (including any applicable Schedules) and the eircom
net
Acceptable Usage Policy contains the complete and exclusive
understanding of the parties with respect to the subject matter
hereof.
SCHEDULE The Service
1. The Facility consists of two tools, anti-spam, and anti-virus.
The Facility is an on-line managed service that protects Customers
from email borne viruses and Spam by scanning all incoming mail at
the Internet level and passing it through an advanced filter system.
The filter system scans for threats using the most up-to-date
technology. The service also passes the messages through a number of
generic security filters and specialised email heuristics to block
whole classes of security risks and protect users from new threats.
All messages will be scanned with the Spam filter, which will label
potential Spam or block it completely.
2. If an email violates the recipient's security policy then a clean
version is delivered and the original copy is stored in the
recipients Message Quarantine (for fifteen (15) days). Otherwise, if
the email does not violate any rules then it is immediately
delivered to the recipient. Potential Spam is either marked as such
to simplify client-side filtering or simply detained in the
recipients' Message Quarantine, Users have access to the Message
Quarantine through a secure website. Spam messages will be
automatically deleted from the Message Quarantine after fifteen (15)
days.
3. The Facility has a number of security settings, the Customer
shall be responsible for choosing and setting its own security
levels. In the absence of the Customer choosing its level of
security, the default setting of "medium" shall apply for
viruses and the default setting of "high" shall apply for
Spam.
|
