Effective August 1, 2007 BY ACTIVATING OR USING OUR SERVICE OR EQUIPMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND POLICIES. PLEASE READ THESE TERMS AND CONDITIONS AND POLICIES CAREFULLY AS THEY, AMONG OTHER THINGS, ESTABLISH YOUR LIABILITY FOR THE EQUIPMENT (Sec. 4), REQUIRE TERM COMMITMENTS (Sec. 23), IMPOSE EARLY CANCELLATION FEES (Sec. 23), AND REQUIRE MANDATORY ARBITRATION OF DISPUTES (Sec. 33).
This is your agreement with Bounce Broadband Limited and its affiliates (together “Bounce Broadband,” “we” or “us”) for the provision of fixed wireless broadband services (the “Service”) in accordance with the order form submitted by you to Bounce Broadband Ltd (the “Order Form”), the terms and conditions set forth below (the “Terms”), Bounce Broadband’s Acceptable Use Policy and such other policies as Bounce Broadband may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at www.Bounce-Broadband.com.
Additional terms, restrictions, and limitations may be set forth in authorised service plan descriptions provided to you by Bounce Broadband or posted at www.Bounce-Broadband.com (each, a “Service Plan”), and all such terms, restrictions, and limitations are incorporated herein by reference and are binding upon you. If any Services are subject to any tariffs filed by Bounce Broadband (“Tariffs”), then you agree that such Services will also be governed by the terms of any such Tariffs. The Order Form, Terms, Policies, any applicable Tariffs, and the Service Plans collectively constitute your agreement (the “Agreement”) with Bounce Broadband.
In the event of conflict, except as otherwise expressly stated in any of the foregoing, the Terms shall control. By initiating Service, providing a written or electronic signature or otherwise so indicating electronically, you will have accepted this Agreement. You acknowledge that you have read and understood, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms. The Agreement governs both the Service and any Equipment (as defined below) used in conjunction with the Service. The Agreement applies to you and to anyone who uses the Services or Equipment sold or rented to you.
- Service and Invoices
You agree to purchase and pay for the Service as set forth in the Form, which will be binding on you if signed with a written or electronic signature delivered to Bounce Broadband or its agent, or if you electronically accept the terms of the Order Form, or by your activation of the Service through the Equipment. As we are a technology-focused new company, we only send our invoices by email, and not in paper form. Upon accepting your Order Form (which will occur only upon signature of the Order Form by Bounce Broadband, which may include an electronic signature or click-through acceptance of the Order Form by you), Bounce Broadband will bill you for Equipment (defined below), installation fees, activation fees, the first month of Service (if applicable), and will notify you of charges to be applied to your Card or account in advance thereafter for recurring monthly charges. You agree to pay all of the fees described in the Agreement. In addition to the charges for Service, you will be responsible for all applicable Irish taxes, surcharges and fees applicable to the Services. Unless otherwise agreed in writing between you and Bounce Broadband, Bounce Broadband will bill you for all charges relating to the Equipment or the Services by charging the credit, debit or bank account you provided to Bounce Broadband (if your Card issuer or bank is acceptable to Bounce Broadband). You will promptly notify Bounce Broadband of any changes to any your Card account, or in the event that you decide to terminate or change Card accounts. Charges for Service are contained in the Order Form, and may be modified by Bounce Broadband with thirty (30) days written notice to you, including notice by electronic mail. Your use of the Services for more than twenty days after notice of any modified charges constitutes your agreement to accept the modified charges. Charges not honored by your Card issuer will be considered delinquent, and you may be charged a late fee on the unpaid balance, based on the amount of the late payment multiplied by the lesser of one and one-half percent (1-1/2%) per month or the highest rate allowed by law. You will remain responsible for all charges not honored by your Card issuer. Delinquent accounts are subject to immediate suspension or termination of Service at the sole discretion of Bounce Broadband. In the event of such suspension or termination, all charges (including Early Termination Fees) will become immediately due and owing together with any costs of collection incurred by Bounce Broadband, including legal fees, and Bounce Broadband will be at liberty to pursue all rights and remedies it may have at law or in equity. Bounce Broadband will attempt to notify you in advance of suspension, termination, and collection actions, but is not required to make contact prior to taking such actions. To reestablish Service suspended or terminated for delinquency, you must pay all past due amounts in full and you may be charged an activation fee and may be required to prepay fees. - Billing Disputes
You must notify Bounce Broadband in writing within seven (7) days after receiving your Card statement if you dispute any Bounce Broadband charges on that statement or such dispute will be deemed waived. You may only dispute charges that you believe is a result of a billing error or a problem relating to the Service. Bounce Broadband shall resolve all billing disputes at its sole discretion. - Payment
Bounce Broadband may terminate your Service at any time in its sole discretion, if any charge to your Card on file with Bounce Broadband is declined or reversed, your Card expires and you have not provided Bounce Broadband with a valid replacement Card or in case of any other non-payment of account charges. If Bounce Broadband terminates your Service for declined, canceled or expired Card, reversed charges or non-payment, you are still fully liable to Bounce Broadband for all charges accrued before termination and for all costs incurred by Bounce Broadband in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees. - Equipment Provided – Purchase
As specified on your Order Form, Bounce Broadband will sell to you, and you will purchase from Bounce Broadband, a subscriber unit and related cabling (collectively the “Equipment”). Bounce Broadband warrants that all Equipment purchased from Bounce Broadband will be substantially free from defects in material and workmanship under normal use in compliance with Bounce Broadband’s instructions for a period of six (6) months from the date you receive the Equipment. All or part of the Equipment may be reconditioned or refurbished, but all Equipment will be warranted as provided in these Terms. This warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions published by Bounce Broadband or available at www.Bounce-Broadband.com, or actual or attempted alteration of or additions to the Products not approved by Bounce Broadband, all as determined in the sole discretion of Bounce Broadband. Bounce Broadband shall have the sole discretion to determine whether to repair or replace any Equipment. Repair or replacement of the Equipment is Bounce Broadband’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. This warranty is in lieu (to the maximum extent permitted under applicable law) of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. You may not sell or otherwise transfer the Equipment to anyone without Bounce Broadband’s prior written consent. If you purport to sell or otherwise transfer the Equipment, any warranties will automatically and immediately terminate. Any repair, upgrade, or replacement of the Equipment following six (6) months after activation of Service, resulting from defects in the Equipment or from any other cause, will be your responsibility. - Equipment Provided – Rental
If you rent any Equipment from Bounce Broadband, as specified on your Order Form, Bounce Broadband will retain title to and ownership of such Equipment at all times. You must return all rented Equipment in good working order to Bounce Broadband upon the termination of the Agreement or upon the request of Bounce Broadband. Failure to return the rented Equipment to Bounce Broadband in good working order upon request will result in a charge to the Card account that you have provided, for the amount listed on the Order Form, which you acknowledge is a reasonable estimation of the replacement cost of the Equipment. Bounce Broadband may periodically replace, upgrade, repoint, or otherwise modify any rented Equipment, and will repair or replace (as Bounce Broadband deems appropriate in its sole discretion) any properly maintained rented Equipment that fails to operate as required for the delivery of Services. You may not modify any rented Equipment in any way. - Installation
As necessary, Bounce Broadband or its authorised contractor may install the Equipment at your location (the “Premises”) for the installation charges noted on your Order Form. In addition, the provision of Service to your Premises may require additional antennas, equipment, or installation activities beyond those specified in your Order Form. In the event that such additional equipment or installation activities are required, and you elect to accept Service despite the need for such additional equipment or installation activities, you will be responsible for all applicable additional charges. If you purchase additional Equipment from Bounce Broadband, including an internal or external antenna and additional connection cabling, you may request Bounce Broadband or its authorised contractor to install such Equipment at the Premises as specified in the Order Form, or you may provide for your own installation. Bounce Broadband warrants that any installations performed by Bounce Broadband will be free from defects in material and workmanship for a period of six (6) months from the date of the installation. This warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Equipment manuals or other documentation, or actual or attempted alteration of or additions to the Products not approved by Bounce Broadband, all as determined in the sole discretion of Bounce Broadband. By authorising installation, you represent and warrant to Bounce Broadband that you either own the Premises or have received permission from the owner of the Premises to make any changes to the Premises or outside the Premises necessary to install the Equipment and receive the Service, including securing riser or roof rights, if necessary. Further, you represent and warrant that the installation of the Equipment at the Premises will not violate any restrictions or agreements applicable to the Premises. You acknowledge that the installation representative may refuse to perform any custom installation work, or may require inside or external wiring to complete Service delivery at additional hourly or other charges. In the event you fail to keep an installation appointment or the Premises are not prepared to accept installation of the Equipment and Service, Bounce Broadband may charge you a fee to recover any costs associated with an additional installation appointment. Bounce Broadband will not be liable for any alterations or damage to the Premises that result from the installation, use, or removal of the Equipment, including, but not limited to, holes in walls or ceilings, cable wiring, or antenna mounting brackets, and will not be responsible for removing any of the Equipment or any costs related to the removal of the Equipment (including antennas and related brackets, poles & cabling) at the end of the Term for any reason. You agree to indemnify Bounce Broadband from any claims or liabilities associated with Bounce Broadband’s installation of Equipment, including, but not limited to, claims by any owner of the Premises. - Bounce Broadband’s Responsibilities
Bounce Broadband will provide you with wireless connections to the Bounce Broadband network. Bounce Broadband’s responsibility for the Service ends at the Bounce Broadband Equipment. In the event that you request a professional installation from Bounce Broadband, Bounce Broadband will install the Equipment as provided above, and configure one computer using its Ethernet port. Bounce Broadband will not maintain or in any way be responsible for any software, cables, or hardware attached to the Equipment or in any way related or unrelated to the use of Service, including your internal network. Bounce Broadband will provide customer care support during its standard business hours for performance and operational issues related to the Bounce Broadband network. Please contact Bounce Broadband Customer Care as set forth at www.Bounce-Broadband.com. - Your Responsibilities
If needed, you are responsible for providing access to the Premises as scheduled with Bounce Broadband for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of Bounce Broadband in connection with the Equipment and Service. You are responsible for ensuring that your equipment has the minimum hardware and operating system requirements necessary to use the Equipment and Service. You are responsible for integrating and troubleshooting your local area network and internal network, as necessary. Bounce Broadband will not be responsible for any loss of use of Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. You will reimburse Bounce Broadband for any loss or damage to any rented Equipment, reasonable wear and tear excepted. In accessing the Service, you will utilize the troubleshooting guides and user information provided by Bounce Broadband or available at www.Bounce-Broadband.com prior to contacting Bounce Broadband Customer Care. Bounce Broadband Customer Care will troubleshoot and support you on Service and Equipment issues pertaining to the Bounce Broadband network and Service only, and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and Bounce Broadband determines that the problem is your responsibility, Bounce Broadband reserves the right to charge your Card for the cost of the service call. You are liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorised or unauthorised, using the Service and/or Equipment provided to you (“Users”). You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Bounce Broadband reserves the right to terminate or suspend affected Services, and/or remove your or any other User’s content from the Services, if Bounce Broadband determines that such use or content doer not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) or interferes with Bounce Broadband’s ability to provide Services to you or others or receives notice from anyone that your or Users’ use or content may violate any laws or regulations. Bounce Broadband’s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or content. You will indemnify and hold Bounce Broadband harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. - Credits
No credit or adjustment will be made for interruptions of the Service unless the interruption continues for a period of twenty-four (24) hours or more, measured from the time that you report the interruption to Bounce Broadband. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, credit allowance will be made, at your written request, for an amount not to exceed the prorated monthly charges for your Service during the affected period. The credit will be available only where the interruption is in no part due to your acts or omissions whether negligent or otherwise or by interruptions caused by failure of any equipment or service not provided by Bounce Broadband. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within sixty (60) days of the commencement of the interruption. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Bounce Broadband instructions or the terms stated at www.Bounce-Broadband.com, or actual or attempted alteration of or additions to the Equipment or Service (sometimes collectively referred to herein as the “Products”) not approved by Bounce Broadband, or from any problems with third party network elements that are not within the control of Bounce Broadband, all as determined in the sole discretion of Bounce Broadband. - Intended Use of the Service
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without Bounce Broadband’s prior written consent. You will not use the Service in a manner prohibited by any Irish law or regulation, and will abide by Bounce Broadband’s Policies, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive purpose or in any way that damages Bounce Broadband’s property or interferes with or disrupts Bounce Broadband’s network or other users. You may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorised to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to; “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, by any means, locally or via the Internet. You may not use the Service or take any action that will result in excessive consumption or utilization of Bounce Broadband’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Services for other Bounce Broadband customers, all as determined in Bounce Broadband’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your Premises, continuously uploading or downloading streaming video or audio, Usenet hosting, or continuous FTP uploading or downloading. In the event that Bounce Broadband detects excessive use by you, Bounce Broadband may restrict your access to Bounce Broadband’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. Bounce Broadband has the right but not the obligation to restrict any uses of the Equipment or Service that Bounce Broadband believes in its sole discretion violates the Agreement or applicable law. - Content and Materials
Accessible on the Internet. You acknowledge that there are materials and content on the Internet or otherwise accessible through the Service which may not be in compliance with all Irish laws and regulations, and which may be sexually explicit, offensive, or otherwise objectionable to you. Bounce Broadband assumes no responsibility for and exercises no control over the content or materials contained on the Internet or that is otherwise accessible through the Service. You access such materials at your own risk. If you decide to let children under the age of eighteen access the Service, Bounce-Broadband strongly recommends that you supervise their usage. - Illegal and Fraudulent Activity
You acknowledge that Bounce Broadband may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security requirements may incur criminal or civil liability. Bounce Broadband may immediately suspend or terminate your Service if Bounce Broadband suspects abuse or fraudulent use of the Service, interference with our network, or violation of the Agreement. You will cooperate with us in any fraud investigation and use any fraud prevention measures Bounce Broadband prescribes. Your failure to provide reasonable cooperation may result in your liability for all fraudulent usage. - Privacy; Monitoring the Service
Bounce Broadband is under no obligation to monitor the Service, but Bounce Broadband may do so from time to time. You agree that Bounce Broadband may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect Bounce Broadband’s property or legal interests and those of its subscribers, or to ensure your compliance with the Agreement. Please see Bounce Broadband’s Privacy Policy at www.Bounce-Broadband.com. - Use of Service and Equipment outside Ireland
Bounce Broadband may support the use of its Equipment and Service by customers located in other countries. If your or User’s removal of the Equipment from Ireland violates any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Bounce Broadband against any and all liability for such violation. - Loss of Service Due to Power Failure
You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Service. - Copyright / Trademark / Firmware / Software
The Service and Equipment and any firmware or software used to provide the Service, or embedded in the Equipment, or used in connection with the Services, and all Services, information, documents and materials delivered to you by Bounce Broadband or located on Bounce Broadband’s website are protected by trademark, copyright or other intellectual property laws. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of Bounce Broadband are and shall remain the exclusive property of Bounce Broadband and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You agree that the Equipment is exclusively for use in connection with the Service. You shall not use the Service except by means of the Equipment. If you decide to use the Service using equipment not provided by Bounce Broadband, you represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Service and you agree to indemnify and hold harmless Bounce Broadband against any and all liability arising out of your use of such equipment with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. - Tampering with the Equipment or Service
You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from Bounce Broadband in each instance which Bounce Broadband may deny in its sole discretion. - Theft of Equipment or Service
You agree to notify Bounce Broadband immediately, in writing or by calling the Bounce Broadband customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. - Service Distinctions
You acknowledge that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Bounce Broadband. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Irish telecommunications regulatory agencies. - Back Up
You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer equipment and/or loss of software, files, data, or peripherals. You acknowledge that you are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation, maintenance, repair, or removal of the Equipment. Neither Bounce Broadband nor its subcontractors or equipment vendors will be liable for any loss of data or damage to hardware, software, or your Premises that occurs during installation of any Equipment or that results from any service performed on your computer in support of your Service. - Network Address Ownership
The internet protocol (“IP”) addresses that Bounce Broadband assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to Bounce Broadband upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of Bounce Broadband’s business. You shall not assign to any other person the IP address assigned to you. You shall not program any other IP address into the Equipment. - Credit Reporting Agencies
You authorise us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history. Upon receipt of adverse credit information about you at any time, Bounce Broadband reserves the right to suspend or terminate Service to you or require a deposit for Service, at our option. - Termination/Early Termination Fee
You shall maintain Service for the duration of any minimum Initial Term (as set forth on the Order Form)..You may terminate the Service after the end of the Initial Term by contacting Bounce Broadband’s Customer Care department as set forth at www.Bounce-Broadband.com and giving at least thirty (30) notice of termination. If you terminate your Service for any reason or your Service is terminated by Bounce Broadband for any violation of the Agreement prior to the end of the Initial Term, you will be liable for an early termination fee of €200, or the value of the remainder of your contract, whichever is the smaller amount, or such other early termination fee as may be specified on your Order Form. Upon termination of this Agreement, unless you purchased the Equipment as provided above, you will be responsible for the costs and risks associated with returning the Equipment to Bounce Broadband. You must return the rented Equipment to Bounce Broadband in good working order, reasonable wear and tear excepted, in accordance with Bounce Broadband’s return policy set forth at www.Bounce-Broadband.com. If you do not immediately return the Equipment in good working order, Bounce Broadband may charge your Card account for €250, which you agree is an appropriate charge in light of the value of the Equipment. - Termination/Discontinuance of Service
Bounce Broadband reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Bounce Broadband discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of the Agreement, loss of signal due to elements beyond the control of Bounce Broadband, or because of any improper use of the Service or Equipment (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any Policy of Bounce Broadband or of a third party provider to which Bounce Broadband is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the early termination fee set forth in these Terms, all of which immediately become due and payable. Bounce Broadband reserves the right to remove the equipment from your premises. The Installation Contractor will try to contact you to arrange the removal of Bounce Broadband equipment, however, if you are not contactable, Bounce Broadband reserves the right to remove its own equipment rented to you, including antenna’s, poles, brackets & associated cabling without further notice from the outside of the premise following termination due to the stated reasons. - DISCLAIMER OF LIABILITY
(A) EXCEPT AS SET FORTH IN SECTION 5, THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, SAVE FOR STATUTORY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 OR ANY LEGISLATION AMENDING, REPLACING OR SUPPLEMENTING THE SAME IS HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY BOUNCE BROADBAND EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY BOUNCE BROADBAND. NEITHER BOUNCE BROADBAND NOR IT AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. BOUNCE BROADBAND WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE BOUNCE BROADBAND’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOUR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE BOUNCE BROADBAND NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF BOUNCE BROADBAND. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. ALTHOUGH SECURITY MEASURES ARE EMPLOYED, BOUNCE BROADBAND CANNOT GUARANTEE THE SECURITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. (B) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER BOUNCE BROADBAND NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO IT HEREUNDER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS, (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OF YOUR DATA OR ANY END USER’S DATA. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT BOUNCE BROADBAND WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR IF YOU HAVE ANY OTHER DISPUTE WITH BOUNCE BROADBAND, OR CLAIM AGAINST BOUNCE BROADBAND, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. - Privacy
Bounce Broadband Service utilises, in whole or in part, the public Internet and third party networks. Bounce Broadband is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our privacy policy applicable to you at www.Bounce-Broadband.com for additional information. - Place of Primary Use
In order to determine which jurisdiction’s taxes and other assessments to collect, local law may require Bounce Broadband to obtain your Place of Primary Use (“PPU”), which must be your residential street address (if the Service is primarily for personal use) or your business street address (if the Service is primarily for business use. This address must be within the coverage area for the Service. You agree that the street address listed on your Service Order is your PPU. You agree to notify Bounce Broadband of any change to your PPU. - Complaint Resolution/Notices
In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact Bounce Broadband Customer Care as set forth at www.Bounce-Broadband.com. Written notices to you will be effective three (3) days following the date deposited in the Irish postal service addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to Bounce Broadband will be effective when directed to Bounce Broadband’s Customer Care Department and received at the address set forth at www.Bounce-Broadband.com. Notices sent by email to you at your email address as stated in the Order Form, and email notices sent to Bounce Broadband at the email address as stated at www.Bounce-Broadband.com, will be effective when sent. Notices must be in writing to be effective. Notices sent by email to the appropriate email address shall constitute written notice. - Amendments
Subject to applicable law, Bounce Broadband may in its sole discretion amend any of the Terms or your Service Plan. Bounce Broadband will provide notice to you of any material modification. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement within twenty (20) days of the date we send our notice, and you will not be charged any Early Termination Fee. If you use the Service or make any payment to us after we mail notice of a material modification, and do not provide termination notice to us within the specified time period, you agree to that change, retroactive to the announced effective date of the modification. Bounce Broadband may revise any Policy at any time, and such revisions will be effective immediately upon posting on Bounce Broadband’s website, or providing written notice to you. - Indemnification
You will defend, indemnify, and hold Bounce Broadband and its directors, officers, employees, agents, affiliates, and shareholders and any other service provider or supplier (collectively, the “Bounce Broadband Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the Bounce Broadband Parties resulting from, arising out of the Agreement, the Services, any breach or non-fulfillment of any representation, warranty, or covenant set forth in the Agreement or from your use of the Equipment or the Service. You also agree to pay Bounce Broadband’s reasonable attorneys’ and expert witness fees and costs incurred in enforcing the Agreement, including any such fees incurred in connection with any appeal. This paragraph will survive termination of the Agreement for any reason. - Assignment and Successors in Interest
All of the Terms will be binding upon, inure to the benefit of, and be enforceable by your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or Bounce Broadband’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of Bounce Broadband. Any unauthorised assignment or delegation will be null and void. Notwithstanding the foregoing, Bounce Broadband may assign or otherwise transfer its rights and obligations under the Agreement without restriction. - Entire Agreement/Severability
This Agreement, including the Order Form, the Terms, your Service Plan, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect. - ARBITRATION
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF IRELAND WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO BOUNCE BROADBAND UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE CENTRE FOR ARBITRATION AND DISPUTE RESOLUTION (CDR) THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE DUBLIN, IRELAND UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR SHALL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE CDR RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND BOUNCE BROADBAND WILL EACH BEAR YOUR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR SHALL BE GOVERNED BY THE RULES OF THE CDR. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO CONSOLIDATION OR CLASS TREATMENT OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY BOUNCE BROADBAND. THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICES. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND BOUNCE BROADBAND AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED.