Terms and Conditions (STC)
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 MyCleverPhone. 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 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.
2.0 Web Site Design Services
All web design services provided by TSFY Ltd to the Customer are subject to the following terms and conditions.
2.1 Scope of Work and Price Agreement
Charges for Services to be provided by TSFY Ltd will be defined in the customer’s Project Proposal and in the Service Agreement. Under normal trading circumstances, the Service Agreement will be issued by TSFY Ltd following invoice of a request for quotation from the Customer, which shall identify the scope of work intended.
TSFY Ltd will provide its quotation which will include the Project Proposal for acceptance or comment by the Customer. Any quote is valid only for 30 days. Once the Project Proposal has been accepted by the Customer, this will then be deemed to be the sole part of the Service Agreement which will specify the scope of work.
Where possible and relevant, based upon the information provided by the Customer, such other resources will be identified in the Service Agreement. However, in those circumstances whereby such resources cannot be reasonably identified at the Project Proposal stage, then TSFY Ltd reserves the right to issue an amendment to the Service Agreement as soon as it becomes clear that additional resources might be required, which might include a re-evaluation of the costs quoted.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that TSFY Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Any indication given by TSFY Ltd of a project’s duration is to be considered by the customer to be an estimation. TSFY Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by TSFY Ltd for the initial payment or by date confirmed in writing by TSFY Ltd.
2.2 Payment Clause
All services require an advance non-refundable deposit of 50% (fifty percent or greater at our discretion) of the project quotation total before the work is supplied to the Customer for review. The remaining will be due upon completion of the work or at stage payment as agreed in the proposal. Work on the project will not commence until TSFY Ltd has received this amount, unless a different payment schedule is agreed and stated in the Service Agreement.
Charges for any additional services over and above the estimated design, will become fully payable at the time of estimate or quotation acceptance. Publication and/or release of work carried out by TSFY Ltd on behalf of the Customer, may not take place before cleared funds have been received.
2.3 Customer Review
TSFY Ltd will provide the Customer with an opportunity to review the appearance and content of the Web site during the design prototype stage.
The customer agrees to allow TSFY Ltd to place a small credit on printed material exhibition displays, advertisements and/or a link to TSFY Ltd’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow TSFY Ltd to place websites and other designs, along with a link to the Customer’s site on TSFY Ltd’s own website for demonstration purposes and to use any designs in its own publicity.
2.4 Customer Acceptance
At the “sign-off” stage the customer will be presented with the completed design. Such materials will be deemed as acceptable and approved unless the Customer notifies TSFY Ltd to the contrary within 14 days of the date the materials were made available.
Invoices will be provided by TSFY Ltd upon completion of any work undertaken. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be subject to a service charge for an amount equivalent to Bank Rate + 2% of the outstanding balance.
Accounts unpaid 30 (thirty) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on TSFY Ltd’s Web space, TSFY Ltd will, at its discretion, remove all such material from its web space. TSFY Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. Customers with accounts in default agree to pay TSFY Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by TSFY Ltd in enforcing these GTC.
Termination of services by the Customer must be requested in writing and signed as an amendment to the Service Agreement. Termination will be effective on receipt of such notice. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 (thirty) days.
Any web site content, i.e. text and images provided by, or entered into the system by the customer and/or their Customers, remains the property of the customer. Any associated system coding developed by or provided by TSFY Ltd remains the intellectual property of TSFY Ltd, unless otherwise agreed and stated in writing by both parties in the Service Agreement.
If a customer wishes to terminate their account with TSFY Ltd and transfer their web site information elsewhere, TSFY Ltd will advise and assist with any data extraction and transfer work subject to TSFY Ltd’s standard hourly rates.
The Customer retains the copyright intellectual property rights to data, files and graphic logos provided by the Customer, and grant TSFY Ltd the rights to publish and use such material. The Customer must obtain permission and rights for the use of all information, content, images or files used on the web site and in other graphic design media that are copyrighted by a third party.
Should TSFY Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow TSFY Ltd to remove and/or replace the file on the site without notice. The customer agrees to fully indemnify and hold TSFY Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
2.8 Changes to Site
The Customer will have one month from launching of the website within which to request minor amendments/enhancements to the website and to correct errors free of charge. Thereafter all changes done by TSFY Ltd are currently charged at our hourly rate per hour or part thereof.
2.9 Standard Media Delivery
Unless otherwise specified in the Service Agreement, this GTC assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disk or via e-mail) and that all photographs and other graphics will be provided by the Customer and will be of sufficient or appropriate quality print suitable for scanning or, alternatively, electronically in .gif, .jpeg, .png or .tiff format.
The customer agrees to supply TSFY Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner (time-frame will se settled in the Service Agreement).
Images must be of a quality suitable for use without any subsequent image processing, and TSFY Ltd will not be held responsible for any image quality which the Customer later deems to be unacceptable. TSFY Ltd cannot be held responsible for the quality of any images which the Customer wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Although every reasonable attempt shall be made by TSFY Ltd to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site, such return cannot be guaranteed and it is the responsibility of the Customer to retain the original or a back-up copy or to employ suitable Disaster Recovery procedures.
2.10 Access Requirements
If the Customer’s Web site is to be installed on a third-party server, TSFY Ltd must be granted read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
2.11 Post-Placement Alterations
TSFY Ltd cannot accept responsibility for any alterations caused by any other party to the Customer’s web site once installed. Such alterations include, but are not limited to additions, modifications or deletions. Content should not include any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. TSFY Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that TSFY Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow TSFY Ltd to remove the contravention without hindrance, or penalty. TSFY Ltd is to be held in no way responsible for any such data being included.
3.0 Web Hosting (E-mail) and Domain Services
All web hosting, e-mail and domain services provided by TSFY Ltd to the Customer are subject to the following terms and conditions.
3.1 Server Usage and Content
Transmission, storage, or presentation of any information, data or material in violation of any Irish (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless TSFY Ltd. from any claims resulting from the use of the service which damages the subscriber or any other party. Please note: Customer’s account is not to be used as a file store rather than to store active web pages/files which are publically accessible from the Internet.
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. TSFY Ltd. will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Spamming Software
TSFY Ltd. do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
3.1.4. Banned Script
The customers are free to use any scripts they wish if they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, TSFY Ltd. reserves the right to disable the account pending Customer cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers. You can use formmail scripts but they must be up to date and not running with the filename “formmail”. Any files named “formmail” will be deleted without notice.
The installation of Proxy servers is prohibited. Any Proxy scripts found on the TSFY Ltd. web servers will be removed without notice.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties.
3.1.5. Resource Usage
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of web spider or indexer (including Google Cash / Ad Spy).
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or Customer. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
3.2. Intellectual Property Rights:
Material accessible to the Customer through TSFY Ltd’s Services may be subject to protection under Ireland (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, the Customer must not use the TSFY Ltd. Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the Customer access or receive through the TSFY Ltd. Network. If the Customer use a domain name in connection with the TSFY Ltd. Service or similar service, the Customer must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
3.3. Network Security:
Customers may not use the TSFY Ltd. Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. TSFY Ltd. will co-operate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
3.5. Refusal of Service:
TSFY Ltd. reserves the right at its sole discretion to refuse or cancel service. Violation of any of TSFY Ltd’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
3.6.Spam Or Unsolicited E-Mail:
The Customer must not use the TSFY Ltd. Network, TSFY Ltd. equipment or any TSFY Ltd. email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Customer’s domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the TSFY Ltd. Network, TSFY Ltd. equipment or any TSFY Ltd. email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.
If the Customers are found to have spammed, TSFY Ltd. reserves the right to disable your domain without warning. In addition, TSFY Ltd. may impose a €100 penalty for each spam policy violation. TSFY Ltd. solely reserves the right to refuse or cancel service to known spammers. Lastly, TSFY Ltd. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
In an effort to minimize spam emails and protect out IP space, all shared hosting accounts have a 100 emails limit per hour. Accounts requiring more than 100 emails to be sent per hour, should review our VPS and dedicated server offerings which do not have this limit imposed.
TSFY Ltd. Is providing web hosting for its customers for a monthly/annual fee. All accounts are set up on a prepay basis. Although TSFY Ltd reserves the right to change prices of accounts or services at any time, pricing is guaranteed for the period of prepayment. Payment is due every 1st date of the month/year following the date the account was established. TSFY Ltd reserves the right to suspend this and other services until any outstanding debt is cleared. TSFY Ltd will not be responsible for any data lost due to non-payment closure of an account.
3.7.2. Refunds Policy:
You may cancel your account at any time before your next billing date, and you will not be billed for the next period. If your refund claim is outside of our 30 day offer then we cannot refund any payments made.
3.8.Domain Registration Support Service:
Advisory and technical assistance for registration of a domain is provided by TSFY Ltd upon Customer’s request. The Customer undertakes and warrants to TSFY Ltd that the registration of any domain name requested by it (a “Requested Domain”) and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominate dispute resolution policies, whichever is appropriate. The Customer also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.
The Customer acknowledges that, whilst TSFY Ltd will use its reasonable endeavors’ to register or renew a Requested Domain, TSFY Ltd will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.
The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Customer within a reasonable period after communication from the authority. TSFY Ltd will use reasonable endeavors’ to notify the Customer of any renewal dates however TSFY Ltd accepts no liability for the loss of registration of any Requested Domain.
TSFY Ltd makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Customer acknowledges that TSFY Ltd cannot guarantee the reservation, registration or renewal of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
The Customer will check that the domain name as reported on all documents sent to the Customer (such as invoices and e-mail notifications) is spelt correctly. The Customer will notify TSFY Ltd of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.
The Customer will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
The Customer agrees and acknowledges that TSFY Ltd will make registration information provided by the Customer in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Customer further acknowledges that TSFY Ltd may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Customer consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Customer irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by TSFY Ltd.
TSFY Ltd will only allow a domain name owned or managed by the Customer to be attached to the ISP tag of TSFY Ltd or any of its Associated Companies if the Customer has an active hosting account with TSFY Ltd.
TSFY Ltd. will not be responsible for any damages your business may suffer. TSFY Ltd. makes no warranties of any kind, expressed or implied for services we provide. TSFY Ltd. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TSFY Ltd. and its employees. TSFY Ltd. makes no “uptime” guarantees.
TSFY Ltd. keeps backups of key server systems only and these backups are not available for customer use. TSFY Ltd. can accept no responsibility for any loss of data or consequences arising from this. TSFY Ltd. always advises Customers to back up their site data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure.
4.0 PC Repairs and Business Support Services
All business support and PC repairs services provided by TSFY Ltd to the Customers are subject to the following GTC. Where the context admits: “PC repairs services” refers to PC Doctor + More Services – the TSFY ltd trade name.
4.2.Scope of Work
TSFY ltd. is providing small to large companies with IT expertise and skills. This service will help our customers focus on their business by recommending and developing only solutions which will improve efficient, reduce cost and ultimately increase profits.
PC Doctor + More is specialized in providing computer repair services, upgrade and maintenance services either on the customer’s premises or where necessary at our own premises, these being 5 Parklands Court, Maynooth, co. Kildare, Ireland.
4.2.2. Email Support
Email support requests should be mailed to our normal Technical Support email address (firstname.lastname@example.org) together with full details of the problem, a customer reference number if required, and a contact person. If the request is urgent then the email should be followed up with a phone call as in section 4.2.1. above.
4.2.3. Site Visit Support
If a site visit is required then this will be pre-agreed with the customer and an estimate of time also agreed before the visit. Time on-site is chargeable at our prevailing rate – see pricing information for details.
1. Printer Hardware Failure. This service can be provided at an additional cost and is not covered under the service level agreement of this contract.
2. The supply of paper, print toners, printer maintenance kits and other consumable products for the general operation of the equipment are not included in this agreement.
3. Damage, loss or theft of computer hardware and software on loan will be charged at current market value.
4. Hardware and Software Maintenance kits are not included in this agreement. Nor are upgrades.
5. Failure of peripherals caused through normal wear and tear.
6. Computer hardware or software that is governed by existing third party support agreements.
7. Computer hardware or software which the manufactures warranty has expired and/or is no longer supported by the manufacturer.
8. Software that does not have current valid license.
9. Any failures due to modifications by third parties to include system users. This service can be provided at additional cost and is not covered under the service level agreement of this contract.
10. Any failures due to service provided by Internet Service Providers. This service can be provided at an additional cost and is not covered under the service level agreement of this contract.
11. Services that are governed by existing third party support agreements to include Internet Service Providers.
12. Items of equipment where the warranty has expired.
13. Removal of virus infection, spyware or open relay. This service can be provided at an additional cost and is not covered under the service level agreement of this contract.
14. Supply of new equipment, software or modifications to the existing systems requested by the Customer. This service can be provided at an additional cost and is not covered under the service level agreement of this contract.
15. TSFY Ltd shall not be held liable for consequential loss or damage, of any kind, arising from service levels of third party suppliers including any Internet Service Providers, from performance or non function of the equipment, from the non implementation of any of our recommendations to avoid such loss or damage, nor shall it be held responsible for delays or its inability to service or inspect the equipment caused directly or indirectly by any events or conditions beyond its control.
16. Repairs to damage caused by users (accidental or otherwise), abuse, misuse etc. This service can be provided at an additional cost and is not covered under the service level agreement of this contract.
The customer shall pay the charge specified under contract costs or the company’s Price list at the specified interval and for immediate payment on the date shown on the invoice. TSFY Ltd will provide the support and repair services Monday to Friday excluding public and bank holidays, between the hours of 10:00 am and 18:00, should the Customer request the service outside of these hours, the service can be provided at the out of hours support rates and is also subject of engineer and parts availability. Out of hours service is not covered under the service level agreement of these GTC.
1. No fix no fee policy
Our No-Fix-No-Fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer.
If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so by the customer requesting the engineer not to proceed with the work, then the customer is charged for the engineer’s time spent to that point.
If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so because the customer does not possess the required software CD-Rom or Product Key, then the customer is charged for the engineer’s time spent to that point.
If the engineer provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the engineer’s time spent to that point.
The contract does not apply to work related to computer virus or spyware problems or to cases in which the computer has been struck by lightning.
The support service specified in clause 3 does not include the following:
- Freeware or shareware products.
- Any unlicensed software
If a pre-agreed site visit has been arranged by written or verbal communication between the two parties then a notice period of one hour minimum is required otherwise a service charge of &euro50 may be issued at our discretion.
4.4.1. The customer shall use reasonable efforts to comply with the following:
- To ensure that regular backups are carried out of application and data files.
- Ensure reasonable co-operation with TSFY Ltd in the diagnosis of any software problem.
- Ensure reasonable steps are taken to prevent computer virus’s being loaded on to computer systems.
- MyCleverPhone Services – provision of VoIP services
- Call Charges
- Calls made are subject to a connection charge of €0.03.
- 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 MyCleverPhone 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 12 months.
- The subscriber is responsible for all charges arising from the use of the Service whether or not incurred by you personally.
- 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
- Geographic Numbers are provided to us by a third party. Therefore all customers have to agree to the following terms which are the terms and conditions for the third party in regards to Geographic numbers.
- 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.
- 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.
- 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.
- Any queries regarding Geographic numbers should be forwarded email@example.com
- Customers purchasing products that include Ireland 076 VoIP numbers acknowledge 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.
- 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 to TSFY Ltd within 7 days of purchase.
- Right of Withdrawal:
- If you purchase Products in the TSFY Ltd or MyCleverPhone 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.
- When you cancel your purchase under the above circumstances we will give you full refund within 30 days of you exercising this right to cancel. You must however do this within the seven day period.
- You may contact firstname.lastname@example.org to cancel any service plan you may have purchased or agreed to signup to, please quote your MyCleverPhone account code in this correspondence. If you have incurred any charges on a service plan you will waver 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.
- 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.
- If you wish to cancel your account, you should email@example.com or write to MyCleverPhone, 5 Parklands Court, Maynooth, co. Kildare, Ireland. Accounts can’t be cancelled over the telephone. Only the account holder may cancel a service.
- Where a device is suspected to be faulty, and on the instruction of the MyCleverPhone 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.
- TSFY Ltd accept no liability for costs incured due to the return of hardware except those stated directly above.
- Acceptable Use
- Customers agree not to use any TSFY Ltd provided services for auto-dialers, telemarketing or illegal purposes.
- TSFY Ltd reserves the right to cancel the service without notice if the customer is deemed to have contravened the acceptable use policy.
- You do not have permission to rebrand, resell or act as an agent of TSFY Ltd or any of its trading names.
- In order to prevent un authorised use TSFY LTD may request proof of business identity, proof of personal identity and a deposit.
- Service Levels
- 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.
- 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.
- 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. In no event 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 warrant 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.
- 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.
- 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 gurantee of service during this window and service interruption may occur.
- 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.
- 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.
- TSFY Ltd do not guarantee that hardware, other than that purchased from The TSFY Ltd Shop, will work with our service.
- 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
- 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.
- 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.
- 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.
- TSFY Ltd will endeavour to use appropriate security measures but accepts no liability with respect to call confidentiality.
- Customer Guarantee and Dispute Resolution
- 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.
- 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.
- 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., 5 Parklands Court, Maynooth, co. Kildare, Ireland.
- 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.
- 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.
- We have taken care in the preparation of the content of this web site and the system for fulfilling 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.
- 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/trade marks 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 communication and notices given shall be to the respective addresses as indicated overleaf unless notification is supplied to the contrary in writing.
7.0.Limitation of Liability
7.1. 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.
7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3. 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.
7.4. 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 or 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 backup your data on a regular basis.
8.1. 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.
9.1. Headings are included in this GTC for convenience only and shall not affect the construction or interpretation of this GTC.
10.0. Entire document
10.1. 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.
11.1. 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.
11.2. This contract is and shall have deemed to have been made in the Republic of Ireland and shall in all respects be governed laws currently in force in Republic of Ireland.
11.3. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
TSFY Ltd Reg. No.: 471291
Registered Business Address: 5 Parklands Court, Maynooth, co. Kildare, Ireland
Directors: I. Toma, I. Toma