General Terms and Conditions (GTC)
Update Date: 22 May 2018
Technology Solutions For You Limited hereinafter referred to as “TSFY Ltd” issues this document. The company shall be known throughout this document as TSFY Ltd.
Some company services are traded under trade names registered to TSFY Ltd. These are, but not limited to NUACOM. Any reference in this document to these trade names refers to TSFY Ltd and not a separate entry.
Please read these terms and conditions carefully, and keep for future reference.
TSFY Limited Registered in Ireland CRO 471291 (hereinafter referred to as “TSFY Ltd”) provides IT, Telecommunication and other similar services, (hereinafter referred to as the “Services“).
TSFY Ltd reserves the right to suspend or cancel a customer’s access to any or all Services provided by TSFY Ltd or their hosting partners when TSFY Ltd decides that the account has been inappropriately used or that these Standard Terms and Conditions or the Terms and Conditions of our hosting partners have been broken in whole or part. These Terms and Conditions supersede all previous representations, understandings or agreements, unless specifically agreed otherwise by both Parties, in writing. All work is carried out by TSFY Ltd on the understanding that the Customer has agreed to TSFY Ltd.’s terms and conditions.
The Customer agrees that it shall defend, indemnify, save and hold TSFY Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against TSFY Ltd, its agents, its contract partners, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless TSFY Ltd against liabilities arising out of any injury to a person or property caused by any products sold or otherwise distributed in connection with TSFY Ltd limited; any material infringing or allegedly infringing on the proprietary rights of a third party or causing a copyright infringement and any defective products sold to customer from TSFY Ltd’s or its partners’ servers.
1.3 Governing Law
These terms shall be governed by the laws of the Republic of Ireland, and the parties hereby submit to the non-exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.
- NUACOM Services – provision of VoIP services
2.1 Call Charges
Calls are charged by the second. Call charges are rounded up to the nearest tenth of a cent.
TSFY Ltd reserves the right to amend the price of call plans, rates and other charges. The NUACOM web site will contain notification of any increases in call charges or rates. Customers will be notified via email of any rate increases.
Service minutes or sms messages remaining at the end of any month will not be carried over to the following month.
Customers on our Pay As You Go plan will have the cost of calls/messages deducted from the credit in their account. When all the credit in their account has been used up, they will no longer be able to make calls until they top-up their account.
Pay As You Go credit is a pre-payment by you to TSFY Ltd for calls and messages. It is not a loan to us by you, and we do not hold any such credit as trustee for you. Payments are not refundable. Pay As You Go credit may expire after 12 months.
All SMS messages are purchased and paid for in advance in bulk and credited to your account and must be used within 6 months.
The subscriber is responsible for all charges arising from the use of the Service whether or not incurred by you personally.
- Payment Methods and Terms.
3.1 Payments can be made by:
- Credit card, by entering Credit card details on the online portal in “Payment Methods”.
- Bank transfer.
- Direct Debit.
3.2 If the chosen method of payment is by direct debit the Customer must ensure that the account details provided are from a current account which can accept direct debits.
3.3 In the event of a cancellation of a direct debit instruction, the Customer shall duly notify the Customer’s bank and TSFY Ltd in writing of such cancellation.
3.4 It is the responsibility of the Customer to advise TSFY Ltd in writing of any change to bank account details provided on the original direct debit instruction.
3.5 TSFY Ltd will impose a charge of 5.00 EUR on unpaid direct debit instalments. The Customer will be notified in writing of the unpaid amount including the penalty charge.
3.6 An alternative payment is required by TSFY Ltd for the full sum owed within five working days from the date of unpaid direct debit notification.
3.7 The payment term is 20 days form the issue date of the invoice.
3.8 Accounts left in arrears may result in disconnection. Reconnection may take up to 10 days and is subject to a €50 ex VAT reconnection charge.
- Geographic Numbers
4.1 Customers purchasing products that include Irish geographic PSTN numbers acknowledge that they are normally resident in the Irish geographic MNA (Minimum Numbering Area) that the number is requested for. It is in contravention of the Irish Communications Regulatory body directives to subscribe to a geographic PSTN number if you are not normally resident in the MNA of the Irish geographic number allocated to you.
4.2 Geographic numbers are not provided free of charge. Any additional numbers provided are chargeable. Geographic numbers are only maintained on a customer’s account where payment is fully up to date.
4.3 Customers should wait to verify and test any assigned numbers prior to publishing numbers on websites, signs, telephone directories, company stationery or any other format. TSFY Ltd accepts no liability for costs where a number is subsequently shown not to work as required.
4.5 Any queries regarding Geographic numbers should be forwarded to email@example.com
4.6 Customers purchasing products that include Ireland 076 VoIP numbers must confirm that they are normally resident in Ireland or have a strong and genuine link with Ireland. It is in contravention of the Irish Communications Regulatory body directives to subscribe to an Irish 076 VoIP number if you do not meet one of the above conditions.
4.7 Upon the cancellation of your account, we will release to your new service provider, the telephone number(s) that you used in connection with your account, provided the new service provider is able to accept such numbers; your account is paid in full and that you request the transfer upon disconnecting your account.
- Cancellation and Refunds
Refunds will be given on hardware returned intact and in pristine condition to TSFY Ltd within 7 days of purchase.
5.1 Right of Withdrawal:
If you purchase Products in the TSFY Ltd or NUACOM Online Shop, you have seven days to cancel your purchase from the date you receive your order for any/no reason under the European Communities Protection of Consumers in Respect of Contracts made by Means of Distance Communication Regulations 2001.
5.2 When you cancel your purchase under the above circumstances we will give you full refund within 30 days of you exercising your right to cancel. You must however do this within the seven-day period.
5.3 You may contact firstname.lastname@example.org to cancel any service plan you may have purchased or agreed to sign-up to, please quote your NUACOM account code in this correspondence. If you have incurred any charges on a service plan you will wave your right to cancel during this seven-day period and your entitlement to a full refund. Pay As You Go customers who incur charges on their account must clear these before cancelling their purchase within the seven days.
5.4 Refunds will not be issued on services where the customer has commenced the service for the current month. Refunds less one month’s service plan cost will be issued for service cancelled within the first month of purchase.
5.5 If you wish to cancel your account, you should email email@example.com or write to NUACOM, Block B, Maynooth Business Campus, Co. Kildare, Ireland. Accounts can’t be cancelled over the telephone. Only the account holder may cancel a service.
5.6 Where a device is suspected to be faulty, and on the instruction of the NUACOM Support Team, the customer may return the item at their own expense to TSFY Ltd. We recommend it be returned by registered post or similar tracked delivery. Items lost or damaged while being returned to TSFY Ltd are the responsibility of the customer. If the item is tested and is shown to be faulty, the cost of returning the product to TSFY Ltd will be reimbursed to the customer, the amount refunded will be no greater than the original delivery cost. TSFY Ltd will pay the cost of delivering the replacement product to the customer. If the item is tested and shown not to be faulty, the cost of returning the product may not reimbursed and the customer must pay the cost of returning the tested item back to the customer.
5.7 TSFY Ltd accept no liability for costs incurred due to the return of hardware except those stated directly above.
- Acceptable Use
6.1 Customers agree not to use any TSFY Ltd provided services for auto-dialers, telemarketing or illegal purposes.
6.2 TSFY Ltd reserves the right to cancel the service without notice if the customer is deemed to have contravened the acceptable use policy.
6.3 You do not have permission to rebrand, resell or act as an agent of TSFY Ltd or any of its trading names.
6.4 In order to prevent unauthorised use TSFY LTD may request proof of business identity, proof of personal identity and a deposit.
- Service Levels
7.1 IP telephone services are dependent on the quality of the customer’s broadband internet connection, and thus the quality of the voice services cannot be guaranteed in the event of power outages or other unforeseen circumstances beyond the control of TSFY Ltd.
7.2 Where quality of service issues are identified TSFY Ltd will work with customers and the customer’s ISP to locate the problem and remedy the service issue where possible.
7.2 TSFY Ltd will endeavour to ensure that the service has a high degree of reliability, although no guarantee is made that service will be available in the event of power outages or other unforeseen events beyond the control of TSFY Ltd. TSFY Ltd do not provide compensation for any loss of service howsoever caused. Under no circumstances will we be liable to you for any consequential or indirect losses, including but not limited to loss of revenue, profits, contracts or anticipated savings or wasted expense, or any financial loss or loss of data or liability to third parties for damage, or any general loss on account of the loss of use of the Services. TSFY Ltd does not guarantee that the service will meet the customer’s requirements or that the operation of the service will be uninterrupted or error-free. For the avoidance of doubt, TSFY Ltd does not provide defined service levels for this service. If a fault occurs you should notify us by contacting our customer support team by phone or email.
7.3 From time to time, it may be necessary for TSFY Ltd to temporarily suspend the service during repairs, essential maintenance or alteration or improvement to TSFY Ltd’s telecommunications network or otherwise. Where possible, TSFY Ltd will give the customer notice prior to such suspension of the service and TSFY Ltd will restore the service as soon as possible.
7.4 A standard maintenance window of 0400-0700 every day applies to our service. This time is allocated for network maintenance and upgrading. There is no guarantee of service during this window and service interruption may occur.
7.5 The service is provided solely for the customer’s own use and the customer shall not resell the service or any part of the service to any third party.
7.6 Customer accounts, are activated once all relevant customer details have been provided. Once accounts are set-up they are ready to be used by the customer. Customers who purchase hardware directly from TSFY Ltd will have it delivered as per current delivery lead times.
7.7 TSFY Ltd do not guarantee that hardware, other than that purchased from The TSFY Ltd Shop, will work with our service.
7.8 If the Service provided to the Subscriber is of unacceptable quality (the quality of the Service to be determined by TSFY Ltd) either Party shall be entitled to terminate their account and the Subscriber shall receive a full refund of the Subscription minus charges for calls provided that the Service is cancelled twenty eight days of the commencement of the Service.
- Emergency Calls
8.1 Due to the nature of the VoIP service it is not possible to accurately determine the exact location of the caller. Callers using TSFY Ltd services for emergency calls will need to inform the operator of their physical location.
8.2 Emergency calls to 112, 911 and 999 will be directed to the emergency services but no guarantee can be made about the reliability of these calls. Customers should especially be aware that power outages are likely to render computer equipment and internet connectivity non-functional and therefore preclude use of the service for emergency calls.
9.1 VoIP telephone calls are carried in the public domain over the internet and therefore security of these calls is not guaranteed in the absence of further security measures as advised by TSFY Ltd.
9.2 TSFY Ltd will endeavour to use appropriate security measures but accepts no liability with respect to call confidentiality.
- Data Protection
10.1 NUACOM respects Customer’s privacy and will only use the information provided by Customer to NUACOM or collected in the provision of the Services in accordance with: (a) the Privacy Notice, available at https://nuacom.ie/privacy-policy/; and (b) NUACOM’s Data Protection Addendum, available at https://nuacom.ie/dpa/; each of which are hereby incorporated by reference. NUACOM may update the Privacy Notice and the Data Protection Addendum from time to time, and will provide notice of such update to Customer at the email address on file with the Account. Such updates will be effective thirty (30) days after such notice to Customer.
- Customer Guarantee and Dispute Resolution
11.1 In accordance with ComReg Decision Notice D16/03, TSFY Ltd has established a Customer Guarantee Scheme, which sets out the minimum service quality standards that you can expect from TSFY Ltd. It is our aim to resolve all issues and complaints as quickly as possible and to your satisfaction. TSFY Ltd endeavours to respond to any billing, technical and miscellaneous complaints with ten working days of written receipt of a complaint.
11.2 It may not always be possible to resolve every issue and complaint within this timeframe. If this is the case, we will keep you regularly informed and advise you of the length of time we expect it to take. TSFY Ltd will notify you of the resolution of each complaint and retain records of your complaint for a period of not less than one year. In the event that TSFY Ltd is unable to resolve an issue within the timeframe outlined above, you will be entitled to an extension on your call plan. This will be applied on a pro-rata basis and can be obtained by contacting customer services on resolution of your complaint.
11.3 Any customer who has a complaint with TSFY Ltd should bring it to the attention of a TSFY Ltd staff member who will endeavour to resolve the issue in the first instance. If you are unhappy with the result, you may make a written complaint to TSFY Ltd by email to firstname.lastname@example.org or by post to:
Customer Service Manager, TSFY Ltd., Block B, Maynooth Business Campus, Co. Kildare, Ireland.
11.4 All issues will be handled by the TSFY Ltd Customer Service Manager who will review all details with a view to resolving the issue. Issues of a particularly serious nature that cannot be resolved by the Customer Service Manager may be escalated to the TSFY Ltd Management team for further review.
11.5 With regard to any complaint, you also have the right to seek advice from other bodies including:
Commission for Communications Regulation (ComReg), Irish Life Centre, Lwr Abbey Street , Dublin 1.
Small claims court: refer to your local telephone directory under court services.
Office of the Director of Consumer Affairs: 4 Harcourt Road, Dublin 2.
Advertising Standards Authority for Ireland (ASAI): IPC House, Shelbourne Road Dublin 4.
Regulator of Premium Rate Telecommunication Services (RegTel), Crescent Hall, Upper Mount Street, Dublin 2.
12.1 We have taken care in the preparation of the content of this web site and the system to ensure the fulfillment of your accepted order. We shall not be liable for any losses or claims arising directly or indirectly from use of this web site or purchase by you through this web site of any products.
12.2 Any links on this web site to other web sites are provided for your interest only and we have no control over these sites and therefore no responsibility or liability for their content or services supplied through them. Any link to such sites does not imply any endorsement of content or service.
- Copyright and Use of Material
All information, data, text, images, graphics, artwork and the selection and arrangement of same as well as links, software and source code on the web site are subject to the copyright of TSFY Ltd. All rights are reserved. No part of the web site may be reproduced in any form or by any means without our prior written consent except for the sole purpose of placing an order or corresponding with us. Our name and logo and all related product names and logos are our trade names/trademarks and may not be used without our prior written consent.
Your use of the service shall be deemed to be an acceptance by you of these terms of service.
- Contact Details
TSFY Ltd’s primary contact method is by email. All customers are required to provide TSFY Ltd with their most up to date contact email addresses as part of the terms of service.
You warrant that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order; and that you have the legal capacity to enter into a contract .You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. The personal data that you provide when subscribing to the service (Registration Details) shall be true, accurate and complete. You agree to inform TSFY Ltd of any changes to your registration details immediately by email to email@example.com
All communications and notices given shall be to the respective addresses as indicated overleaf unless notification is supplied to the contrary in writing.
- Limitation of Liability
17.1. All conditions, terms, representations and warranties relating to the Services supplied under this GTC, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause 7.2.
17.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
17.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services that are the subject of any such claim.
17.4. In any event no claim shall be brought unless you have notified us of the claim within one year of its arising.
7.5. In no event shall we be liable to you for any loss of data, business, contracts, profits or anticipated savings or for any other indirect, consequential or economic loss whatsoever. TSFY Ltd and as such acting under any of its trading names will not be responsible for any data loss howsoever arising. You are responsible to back-up your data on a regular basis.
18.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this GTC or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
19.1. Headings are included in this GTC for convenience only and shall not affect the construction or interpretation of this GTC.
20.0. Entire document
20.1. These GTC together with any documents expressly referred to in them, contain the entire GTC between TSFY Ltd. relating to the subject matter covered and supersede any previous Terms, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation that has not been made expressly in this GTC.
21.1. If any part of these GTC shall be found to be unlawful it shall not affect the validity or the enforceability of the remainder of the conditions.
21.2. This contract is and shall have deemed to have been made in the Republic of Ireland and shall in all respects be governed by the laws currently in force in Republic of Ireland.
21.3. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
TSFY Ltd Reg. No.: 471291
Registered Business Address: Block B, Maynooth Business Campus, Co. Kildare, Ireland
Directors: I. Toma, I. Toma