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WLR Terms Of Service

June 4th 2014
DISTANCE SELLING IMPORTANT!

If you order any Service (as defined below) from Q Sat either over the internet, the telephone, by mail order or any other distance selling method you can cancel the Contract (as defined below) pursuant to the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") at any time up to 14 days either after receiving these terms and conditions provided that you notify Q Sat in writing of such cancellation within the 14 day period.You will be deemed to have received these terms and conditions 48 hours after they are posted/emailed to you.Finally, please note that you will be deemed to have accepted these terms and conditions and agree that you will also lose your statutory right of cancellation under the Regulations upon using any Service after receiving these terms and conditions, Regardless of the above, we will not charge you anything if you cancel your telephone service within 14 days from the date on which you agreed to take those services.These terms and conditions are effective from 4th June 2014.These Conditions do not affect your rights under law. These Conditions also include certain exclusions as to our liability to you.


Definitions:

The following words shall have the following meanings:"Access Provider" means the company which provides the Customer's telephone line(s) and associated telephone number(s), from which Q Sat rents such line(s) and number(s);"Agreement", means these terms and conditions, the code of practice (including Q Sat's tariffs for the Service) as amended from time to time, the Customer Application (including the Customer Authorization Form) and the Q Sat Code of Practice which together constitute a legally binding agreement between the Customer and Q Sat;"Call Management Services" has the meaning assigned to such term in the code of practice;"Call Management Services Charges" are the charges applicable to the Call Management Services as specified in the code of practice;"Carrier Pre-Selection" or "CPS" means the service whereby the Customer is able to pre-select a service provider other than eircom to carry his/her calls for national calls and/or international calls or "All Calls" (i.e. all calls except for calls to emergency numbers 999 and 112, calls to codes 199 and to those starting with 13 and 17), in accordance with Decision Notices D2/99 and D13/99 of COMREG. For the avoidance of doubt in selecting the Q Sat Service, the Customer accepts that they are selecting the "All Calls" option for the purpose of SB-WLR as defined below;"Charges" means all charges payable to Q Sat for the Service as specified in the code of practice and includes, without limitation, the Line Rental Charges, Equipment rental charges and Call Management Services Charges;"Code of practice" means the Q Sat Phone and Internet Pricing Guide as same may be amended by Q Sat from time to time and which is available at www.Q Sat.ie;"COMREG" means the Commission for Communications Regulation which is the national regulatory authority for the electronic communications market in Ireland;

"Cooling-Off Period" means the Customer shall have the right to cancel the Service without penalty within fourteen (14) days of placing an order with Q Sat ("Cooling-Off Period") by giving Q Sat notice in writing during the Cooling-Off Period that it wishes to (i) disconnect its line; or (ii) transfer to the Access Provider or another operator (in which case it must also notify the Access Provider or other operator during the Cooling- Off Period) ."Customer" means the person(s) using the Service whose details are provided in the Customer Application for the Service;"Customer Application" means the Customer's application for the Services whether in writing, on-line or via TPV (as described below);"Customer Authorisation Form" means a form completed by the Customer to approve the provision of the Service and which contains information as set out in the Code of Practice. This information may also be captured via TPV or sign up over the Internet as per the specified processes;"Data Protection Legislation" means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;"Q Sat Ltd" "we" "us" means Alphasat Ltd, trading as Q Sat registered address of Suite 6, Plaza 256, Blanchardstown Corporate Park 2, Dublin 15"Equipment" means a telephone or other equipment of the Access Provider or Q Sat that is located on the Customer's premises;"Line Rental Charges" means the charges for telephone line rental as specified in the code of practice;"Minimum Period" means a period of one year (12 months) commencing on the Start Date in regard of any Service;"National Directory Database" or "NDD" means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;"Network" means the telecommunications system used by Q Sat for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;"Off-Peak" applies 6pm - 8am, Mon - Fri, 6pm Fri - 8am Mon and public holidays;"Service" means the SB-WLR service (as defined below) requested by the Customer in the Customer Application. The Service does not facilitate the provision by Q Sat to the Customer of the Single Billing Product Exclusions;"Single Billing through Wholesale Line Rental" or "SB-WLR" means the facility which, through use of CPS "All Calls" Option, enables Q Sat to provide a single bill to the Customer covering all aspects of voice services, at rates Q Sat determines, where voice services means all telephone lines (PSTN/ISDN/BRA/FRA/PRA), Equipment, calls and Call Management Services, unless otherwise excluded herein;"Single Billing Code of Practice" means the Code of Practice developed for the purpose of SBWLR and approved by COMREG, as same may be amended from time to time, a copy of which can be obtained by writing to Customer Care, Q Sat, Suite 6, Plaza 256, Blanchardstown Corporate Park 2, Dublin 15."Single Billing Product Exclusions" means those services which the Access Provider, and not Q Sat, will continue to offer the Customer from time to time as specified in the code of practice, which includes eircom Charge Card, eircom i-stream, High Value CPE, spread payment contracts (for equipment purchase) and eircom discount schemes, as same may be amended from time to time;

"Start Date" means the "go-live" date from which your account will become active and Q Sat will commence providing the Services. Q Sat will communicate an estimated Start Date to you in advance but this date is not guaranteed;"Telecommunications Scheme" means the eircom Telecommunications Scheme, 2003 available on www.eircom.ie as amended from time to time;"Third Party Verification" or "TPV" means the independent means of verifying a Customer's consent and obtaining the information from the Customer required approving the provision of the Service. It is conducted via the telephone, with a recording of the call serving as a record of the Customer's consent.Fixed to Fixed (F2F) means calls from a fixed line phone to a fixed line phone (as opposed to a mobile phone).Fixed to Mobile (F2M) means calls from a fixed line phone to a mobile phone.Minimum Period means in the case of each of a Single Bill customer, a Broadband customer the minimum period of 12 months commencing on the Operational Service Date. Bundle means, for the purposes of these terms and conditions, any of the bundles/package combined services offered, as specifically requested by the Customer in the Application From, to which these terms and conditions apply. There are a number of customer options within each Bundle or package combined services offering.

1. THE SERVICE:By ordering and/or using the SB-WLR (WLR) service (the "Service") the Subscriber (the customer ordering and using the Service) agrees and accepts fully the terms and conditions as set out herein:1. The Service will commence on the Start Date and will continue until cancelled, suspended, or terminated in accordance clauses 9 to 10, subject to any applicable Minimum Term. 1.1 The Customer's Contract for any Voice Bundle Package is for a Minimum Term of twelve (12) months from the Commencement Date, unless the Customer cancels during the Cooling-Off Period. 2. AGREEMENT. Subscriber agrees to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement and with Q SAT's Acceptable Usage Policy and any modifications made to same from time to time.

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