“Whizzy Internet”, “Whizzy” JS Whizzy Internet Ltd and any subcontractor acting on behalf of JS Whizzy Internet Ltd “Customer” The customer of Whizzy Internet named in the order form with which the service(s) was (were) ordered. “Service” means an Internet Protocol based service(s) that Whizzy Internet provide to its customers. “Premises” means the location at which the Customer receives the Services. “Switch-On Date” Date given by Whizzy Internet for commencement of service(s). “Normal Working Hours” 9am – 5pm, Monday – Friday, excluding public holidays. “Equipment” devices or items supplied by Whizzy Internet for the provision of the service. “Agreement” The signed order form coupled with these Terms & Conditions.
Terms & Conditions:
1. Installation & General
1.1 Whizzy Internet will make all reasonable efforts to provide the Service on or before the Switch-On Date, however no responsibility is taken for any consequences of a change in the Switch-On Date.
1.2 Whizzy Internet will make all reasonable efforts to provide the Service, however the service is provided on an “as-is” basis and no warranty is given as to suitability for any particular purpose.
1.3 Whizzy Internet reserves the right to use subcontractors for the purpose of provision of the service at it’s own discretion.
1.4 The Customer is responsible for obtaining all necessary rights and permissions for access, running of cable, mounting of Equipment for the installation of the service and also ongoing access for the purposes of maintaining and recovering Equipment. The Customer accepts all responsibility for issues arising out of failure to obtain same.
1.5 The Customer will provide at no cost to Whizzy Internet, any electricity required at the Customer’s site, necessary for the provision of the Service.
1.6 The Customer agrees not to resell or allow use of any part of the Service without written consent from Whizzy Internet.
1.7 The Customer agrees to use the Service subject to any applicable legislation, laws or rules and to indemnify Whizzy Internet from the result of any breach of same.
1.8 The Customer agrees that Whizzy Internet is not responsible in any way for any networking, computer, telecommunication, software or other electronic equipment at the Customer’s premises and that any malfunction of same can not be attributed to the Service and that no troubleshooting or repairs of same will be entered into by Whizzy Internet.
1.9 Our service is dependent on line of sight from the customer’s premises to one of our transceivers. If any obstruction to line of sight occurs, Whizzy Internet is not liable to remedy this obstruction. This includes (but is not limited to) any building being erected or any tree growth in the signal path. If an obstruction to line of sight occurs, we will advise the customer upon becoming aware of same and will recommend a course of action if available, but Whizzy Internet will not be liable for any costs or labor to remedy same.
1.10 The Equipment remains the property of Whizzy Internet at all times and is lent to the Customer for the duration of provision of the Service subject to these terms and conditions.
1.11 On cessation of the Service, Whizzy Internet will not be obliged to remove any equipment from the Customer’s premises, however, if at Whizzy Internet’ discretion, it chooses to remove equipment, the Customer agrees to provide access for same.
1.12 Whizzy Internet will endeavor not to change the IP address(es) assigned to the Customer, however, if for any reason this becomes necessary, no responsibility is assumed by Whizzy Internet for any disruption caused.
1.13 All of Whizzy Internet’s Broadband services are subject to a 10:1 Contention Ratio unless otherwise stated.
1.14 Whizzy Internet will only accept “speed tests” using https://www.speedtest.net/ done on a suitable device with a cable connection while no other devices are connected to a customers internal network as proof that the service is not as promised.
2. Fees & Payments
2.1 The Customer agrees to pay for the Service according to the rates published on the Whizzy Internet website unless agreed otherwise.
2.2 All payments are to be made using the payment method required by Whizzy Internet.
2.3 Unless stated to the contrary, all published prices exclude VAT and bank processing fees where applicable.
2.4 Fees for the Service will be paid in advance.
2.5 The Customer agrees that if she does not pay fees on time that the Service may be suspended.
3. Suspension of Service
3.1 Whizzy Internet may terminate this agreement or the Service at any time for any reason whatsoever
3.2 Upon termination of this agreement or cancellation or suspension of the Service, the Customer agrees to allow Whizzy Internet to terminate the Service immediately and to allow Whizzy Internet to remove the equipment in a timely manner at Whizzy Internet’ discretion and agrees that Whizzy Internet will not be held responsible for loss of information, communications, data or business as a result of termination of the service. The Customer agrees that failure to return any of the Equipment may result in fees payable to Whizzy Internet for replacement of same.
4. Limitation of Liability
4.1 Whizzy Internet does not provide any assurances or warranties or insurances of the merchantability of the Service or the suitability of the Service for any purpose. Whizzy Internet does not guarantee continuous access to the Service and shall not be liable for the Customer’s inability to access the Service at any time or failure to provide the Service.
4.2 Whizzy Internet is not responsible for or liable for any damages or loss of Service caused by matters outside the reasonable control of Whizzy Internet. Reasonable control includes but is not limited to lightning, weather, climate, flooding, fire, terrorism, vandalism, acts of government, industrial disputes, performance of external communications networks or other outsourced services.
4.3 On no account will any liability, fee or refund payable by Whizzy Internet to the Customer exceed the total amount paid by the Customer to Whizzy Internet.
4.4 Whizzy Internet will not be liable for any losses or damages suffered by the Customer as a result of use of the Service.
4.5 Whizzy Internet will not be liable for any penalties, costs, custodial sentences or other liabilities imposed as a result of the Customer’s use of the Service.
4.6 The Customer agrees to hereby indemnify Whizzy Internet of any liability for damage to devices or software at the Customer’s premises as a result of interconnection with the Equipment.
5.1 This Agreement shall be governed by Irish Law.