(issue date 24th November 2006)

These Terms and Conditions supersede any and all previous ones and the Customer's continued use of the service constitutes the Customer's agreement to be bound by these Terms and Conditions and no others. These Terms and Conditions must be read in conjunction with the Acceptable Use Policy, the up to date version of which can be found at www.corkcommunitybroadband.ie and which may be subject to change from time to time. It is the Customer's responsibility to ensure that they comply with the latest version of the Acceptable Usage Policy. Note: Customers who agree to host Access Nodes are subject to additional terms and conditions.

Definitions

1. 'Community Broadband' refers to Cork Community Broadband Ltd, Nadrid, Coachford, Co. Cork
2. 'Customer' refers to the company or individual who has requested and completed the Broadband Service contract
3. 'Broadband Service' refers to the service Community Broadband will provide the Customer for the duration of the contract period
4. 'Contract Period' is the length of time the Customer is committed to using and paying for the Broadband Service.

Contract Terms

The Broadband Service provided by Cork Community Broadband to the Customer is for a minimum period of one month and is then subject to one month's notice in writing of termination. Termination notices should be posted to Community Broadband, Nadrid, Coachford, Co. Cork and the applicable date of notice shall be the date the notice is received by Commuity Broadband.

General

The contract is between Community Broadband and the Customer. The contract is non-transferable by the Customer. Community Broadband reserves the right to change the Terms and Conditions of Service and will give one month's notice in writing of any such changes. The section headings in these Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. No action, regardless of form or nature, arising out of these Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.

Provision of the Service

1. Community Broadband will provide the Broadband Service to the Customer in accordance with the conditions of this agreement and with reasonable skill and care. Where it is technically impracticable to provide the Broadband Service free of faults (such as where it is impossible to achieve sufficient signal quality) Community Broadband does not undertake to do so.
2. Community Broadband will use its reasonable endeavours to provide a prompt and continuing service but will have no liability to the Customer for any loss of service, whether planned or unforeseen.
3. To use the Broadband Service, the Customer needs to supply Community Broadband with certain details on the service contract. Community Broadband will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
4. The Customer acknowledges that the Broadband Service will depend on the characteristics of the wireless signal quality and that it may not be possible to supply the service at the outset or at some point in the future. In this event Community Broadband will have the right to terminate this agreement without liability to the Customer.
5. From time to time certain nodes, servers, or the whole or part of the Network may need to be closed down for routine repair or maintenance work. Community Broadband or its authorised representative shall give as much notice as in the circumstances is reasonable and Community Broadband shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time on the website.
6. Community Broadband may occasionally have to interrupt the service or change the technical specification of the service for operational reasons or because of an emergency. Community Broadband will give the Customer as much notice as possible of any planned interruption of the Customer's service. In these circumstances the Customer shall have no claim against Community Broadband for any such interruption.
7. Equipment provided by Community Broadband remains the property of Community Broadband and possession must be surrendered on termination of this agreement.

Payment Terms

Customers will pay by Direct Debit monthly in advance, unless agreed otherwise beforehand. One months charges are payable on successful installation, together with the installation fee. Community Broadband will issue VAT receipts via email for each payment made, unless requested otherwise. Community Broadband reserves the right to modify its charges for the Broadband Service, but will provide the Customer with at least one month's notice of its intention to do so should the modification result in an increase in those charges.

Should any request for payment be declined, the Customer will make alternative arrangements to pay the amounts due within five working days of being notified by Community Broadband or risk suspension of the service for non-payment. Community Broadband reserves the right to charge interest on any overdue amounts at a rate equal to 4 per cent per annum above the Base Lending Rate as is current from time to time.

Suspension of Accounts

Community Broadband reserves the right to suspend a Customer's Broadband Service if the Customer breaches either our terms and conditions or our acceptable use policy. In such instances, Community Broadband will provide the Customer with notice that the account has been suspended. The Customer remains liable for the monthly fee during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Community Broadband.

Cancellation of Accounts

1. The Customer has the right to cease using the Broadband Service at any time although no rebate will be provided for unused time, and the Customer shall remain liable for the ongoing monthly fee until such time as a formal notice of termination has been submitted and run its course.
2. If the Customer is an access node, then at least two months written notice must be given before requiring Community Broadband to remove the equipment. During the notice period, the Customer must continue to allow the equipment to operate and provide it with the necessary mains power.

Warranties

Cork Community Broadband will not be held liable for incidental, special or consequential damages. Cork Community Broadband makes no warranty, express or implied, relating to the fitness for purpose or merchantability of the Broadband Service. Regardless of the nature of any claim, the limit of Cork Community Broadband's liability to the Customer shall not exceed the aggregate of twelve monthly payments for the Broadband Service.

The Customer indemnifies Community Broadband against any and all claims and damages made against Cork Community Broadband as a direct or indirect result of the Customer's use of the Broadband Service.

Customer Obligations for the Broadband Service

1. The Customer is responsible for their personal computer and data security and shall take all reasonable steps to minimise unauthorised entry to the Customer's computer and/or network via the Broadband Service. The Customer is further responsible for the content of any transmission from their computer and/or network over the Broadband Service and the connection of non Community Broadband owned equipment to the service access point.
2. The Customer, or a previously notified nominated representative, must be present on the day of installation of the equipment necessary to provide the Broadband Service. The Customer must further provide reasonable ongoing access to Community Broadband or its representatives to said equipment for purposes of necessary modifications, maintenance, or repair.
3. The Customer must provide adequate care of the equipment installed by Community Broadband Ltd, and is liable for loss or damage of said equipment caused by the Customer's direct or indirect actions.
4. The Customer must ensure that they comply with the latest edition of the Acceptable Use Policy in force at any given time, and not to use, or permit others to use, the Broadband Service for unlawful or immoral purposes or for any purpose for which the Broadband Service was not designed.
5. The Customer must ensure there are sufficient funds in their bank account for the monthly payments.

Community Broadband Obligations for the Broadband Service

1. On Customer completion of the Broadband Service Contract Community Broadband will contact the Customer to verify all initial Customer obligations have been met.
2. Community Broadband will arrange for installation of the appropriate aerial(s), equipment and associated cabling.
3. On installation day Community Broadband will provide the Customer with all the technical support needed to ensure the installation goes smoothly.
4. Community Broadband will provide email and/or telephone technical support on the Broadband Service throughout the contract period.

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(issue date 28th March 2004)

These Supplemental Terms and Conditions supersede any and all previous ones and the Customer's continued use of the service whilst hosting an access node constitutes the Customer's agreement to be bound by these Supplemental Terms and Conditions (in conjunction with the Terms and Conditions) and no others. These Supplemental Terms and Conditions must be read in conjunction with the Terms and Conditions, which may be subject to change from time to time.

Definitions

1. 'Community Broadband' refers to Cork Community Broadband Ltd, Nadrid, Coachford, Co. Cork.
2. 'Customer' refers to the company or individual who has requested and completed the Broadband Service contract
3. 'Broadband Service' refers to the service Community Broadband will provide the Customer for the duration of the contract period
4. 'Contract Period' is the length of time the Customer is committed to using and paying for the Broadband Service.
5. 'Access Node' refers to the additional aerial, equipment and associated cabling necessary to allow the onward transmission and reception of service across the network.

Contract Terms

An agreement by a Customer to host an Access Node is for a minimum period of six months and is then subject to two month's notice in writing of termination. Termination notices should be posted to Cork Community Broadband Ltd, Nadrid, Coachford, Co. Cork. and the applicable date of notice shall be the date the notice is received by Community Broadband.

General

The contract is between Community Broadband and the Customer. The contract is non-transferable by the Customer. Community Broadband reserves the right to change the Supplemental Terms and Conditions for Customers hosting Access Nodes and will give three month's notice in writing of any such changes. The section headings in these Supplemental Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Supplemental Terms and Conditions. No action, regardless of form or nature, arising out of these Supplemental Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.

These Supplemental Terms and Conditions refer specifically to those Customers that have agreed to host an Access Node. They are in addition to, and not in place of, the Terms and Conditions of service.

Provision of the Service

1. The Customer will permit Community Broadband to host an Access node at the Customer's premises for the duration of this agreement and subject to the contract terms of this agreement. However, Community Broadband is under no obligation to host an Access Node at the Customer's premises and may remove the Access Node at any time, subject to the Customer's rights to continue to receive the Broadband Service as detailed in the Terms and Conditions.
2. The Customer agrees to allow Community Broadband to publicise the fact that there is an Access Node at the Customer's geographic address, and to provide the precise location of the Access Node on company literature and on the web site.
3. The Customer agrees to use their best endeavours to ensure the continued operation of the Access Node, to absorb the small cost of additional electricity themselves, and in particular not to intentionally break the electricity supply to the Access Node equipment or to obscure the propagation paths of the aerials.
4. Community Broadband may occasionally need to have access to the Access Node equipment for modification, maintenance or repair purposes, and the Customer agrees to use their best endeavours to allow Community Broadband staff or representatives access to the relevant equipment at mutually agreeable dates and times.
5. Equipment provided by Community Broadband remains the property of Community Broadband and possession must be surrendered on termination of this agreement.

Benefits

In recognition of the value provided by the Customer to Community Broadband in the hosting of an Access Node, the Customer shall enjoy a reduced monthly fee and other such benefits as may be in force from time to time. Community Broadband reserves the right to modify the benefits on offer for the hosting of an Access Node, but will provide the Customer with at least three month's notice of its intention to do so should the modification result in a decrease in the value of those benefits.

The current benefits are:

1. Free installation of the Broadband Service. Where an existing Customer hosts an Access Node subsequent to taking service, their installation fee will be reimbursed in full.
2. A reduction in the monthly fee for the standard tiers of the Broadband Service.

Suspension of Accounts

Community Broadband reserves the right to suspend a Customer's Broadband Service if the Customer breaches either our Terms and Conditions or our Acceptable Use Policy. In such instances, Community Broadband will provide the Customer with notice that the account has been suspended. The Customer remains liable for the monthly fee during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Community Broadband. In addition, for a Customer hosting an Access Node the Customer agrees to maintain the operation of that Access Node during any period of suspension.

Cancellation of Accounts

1. Where a Customer decides to terminate their agreement for the Broadband Service, they must still adhere to the minimum contract period and notice periods applicable to hosting an Access Node.
2. During the notice period for termination of hosting an Access Node, the Customer must continue to allow all necessary equipment to operate and provide it with the necessary mains power.

Warranties

Community Broadband will not be held liable for incidental, special or consequential damages. Community Broadband makes no warranty, express or implied, relating to the fitness for purpose or merchantability of the Broadband Service. Regardless of the nature of any claim, the limit of Community Broadband's liability to the Customer shall not exceed the aggregate of twelve monthly payments for the Broadband Service.

The Customer indemnifies Community Broadband against any and all claims and damages made against Community Broadband as a direct or indirect result of the Customer's use of the Broadband Service.

Customer Obligations for the Broadband Service

1. The Customer, or a previously notified nominated representative, must be present on the day of installation of the equipment necessary to host an Access Node. The Customer must further provide reasonable ongoing access to Community Broadband or its representatives to said equipment for purposes of necessary modifications, maintenance, or repair.
2. The Customer must provide adequate care of the equipment installed by Community Broadband Ltd, and is liable for loss or damage of said equipment caused by the Customer's direct or indirect actions.
3. For the avoidance of doubt, the Customer agrees to notify Community Broadband in writing (email is acceptable to info@corkcommunitybroadband.com) of any prolonged periods of absence from their property and to use best endeavours to provide Community Broadband with a means of access during such periods (for example, by leaving a key with a trusted neighbour or relative). In particular, the Customer agrees to maintain the necessary mains power to the Access Node equipment during the period of absence.

Community Broadband Obligations for the Broadband Service

1. On Customer completion of an Access Node Hosting Contract Community Broadband will contact the Customer to verify all initial Customer obligations have been met.
2. Community Broadband will arrange for installation of the appropriate aerial(s), equipment and associated cabling.
3. On installation day Community Broadband will provide the Customer with all the technical support needed to ensure the installation goes smoothly.
4. Community Broadband will provide email and/or telephone technical support on the Access Node throughout the contract period.

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