Terms and Conditions of Service (Goldfish.ie) - Goldfish
 

 

GOLDFISH TELECOM LIMITED

STANDARD TERMS AND CONDITIONS OF SERVICE

These Conditions govern your relationship with Goldfish Telecom Limited (“Goldfish”, “we” or “us”). When you click on the terms acceptance button during the signup process via www.goldfish.ie you indicate your acceptance of these conditions and other documents (if any) expressly referred to in them. If you refuse to accept these conditions, you will not be able to order any Services from us.  

1 Interpretation

In these conditions:

Charges” means the charges payable by the Customer to Goldfish for the Services;

Customer” or “you” means the person who has agreed to avail of the Services;

Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Order Confirmation” means an electronic acknowledgment and acceptance of an order for Services generated and sent by Goldfish to the Customer in response to completion of the signup process by the Customer via www.goldfish.ie;

Services” means such Business VoIP Packages as are provided by Goldfish from time to time.

2. Basis of Contract   

2.1  By completing the “sign up now” process via www.goldfish.ie, you are making an offer which

incorporates these conditions. If we elect to accept your offer, you will receive an Order Confirmation. We reserve the right to decline any order, without giving a reason.

2.2  Orders are only binding when the Order Confirmation is issued to you. You should check the Order Confirmation and notify us of any mistake by email or telephone immediately, otherwise the details stated in the Order Confirmation will apply.

3. Services Provided

3.1 We will provide you with Services subject to these conditions and in accordance with the Order Confirmation issued to you.

3.2 We reserve the right, at our absolute discretion, to modify, withdraw, suspend or restrict the availability of the Services or any part thereof.

4. Use of the Services

4.1 You shall use the Services in accordance with these conditions and all applicable law.

4.2 The Services are provided solely for your own use and you shall not resell or attempt to resell the Services (or any part of the Services) to any third party.

4.3 You agree to indemnify and hold Goldfish, its employees and agents harmless against any liability, cost or damage suffered by us and arising directly or indirectly from any breach by you of clauses 4.1 and 4.2. 

5 Charges

5.1 The Charges for the Services for the time being are set out and may be viewed on www.goldfish.ie. We reserve the right to notify you of increases in our Charges for the Services from time to time   provided however that all pricing and Charges are guaranteed for any period of for which you have made a prepayment for Services. If such increase is not acceptable to you, then you shall have the right without penalty to cancel the provision of Services to you and the closure of your account under Condition 6 below.

5.2 Payment of Charges is due each anniversary month, quarter or year.

5.3 You are required to have at least one valid debit or credit card registered to your account at all times.

5.4 All payments for Charges must be in ​​euro currency.

5.5 Without prejudice to our other rights and remedies, if any sum payable is not paid on or before thedue date, we shall be entitled forthwith to suspend the provision of Services to you. Once an account has a suspended status, access to Services is explicitly denied. Any numbering assigned to you will be retained on your account for a period of 10 days only. After 10 days, you will be issued with a final reminder, and in default of payment in full within a further 20 days your account will be closed and access to any numbering or services lost.

5.6 In the event of account suspension or account closure, we reserve the right to charge you a re- activation fee in order to recover our administration costs. 

5.7 Where Charges are in arrears for twenty-one (21) days after the date on which they fall due to be paid, we reserve the right to charge interest on such overdue charges at a rate equal to the A rate for overdraft charged from time to time by AIB calculated from the due date to the date of payment.

5.8 You authorise us to retain your payment information (ie. card details entered during account creation) for the purpose of payment in the event that any direct debit payment instruction completed by you is unpaid.

5.9 In the event that an invoice goes unpaid for any service or order, we reserve the right to recover our payment from any payment method registered with us, regardless of which payment method the original invoice was billed under.

5.10 We reserve the right to retain call credit, which is unused 12 months after activation. In this case, the call credit will be non-refundable.

5.11 Charges may be quoted exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made by us to you, then you shall pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services.

5.12 For the avoidance of doubt, the Supplier shall be entitled to recover any amounts owed to the Supplier by the Customer as a debt. 

6. Global Caller International Calls Packs

6.1 Global Caller packs are provided per user (1 user/pack @ €10, 5 users/packs @ €50).

6.2 Once all the minutes in a Global Caller pack are used, call charges then revert to our standard call rates. Please speak to us if you need another pack.

6.3 Minutes are cumulative for all destinations in each pack i.e. 1,000 in total. These are not for each destination in a pack.

6.4 Any un-used minutes each month cannot be carried over.

6.5 ‘Global Caller’ packs are for new customers only.

6.6 Prices quoted do not include VAT.

7. Cancellation

7.1 You may cancel the provision of Services to you at any time (a “Cancellation”).

7.2 Cancellation of an account or a service must be requested at least five working days before your billing date, in which case you will only be liable for the remainder of the current billing period (including any call charges incurred during the current month). 

7.3  Acceptable  forms of cancellation request are:

 (i)  by submitting the request in the Cancel Services section of the customer control panel
 (ii) by e-mail t
o ​​support@goldfish.ie. 

7.4 A request for Cancellation is only valid once we have confirmed acceptance of the request. We respond to all requests for cancellation within 24 hours of receipt therefore, if an acknowledgement has not been received within 24 hours, it should be treated as though it has not been received by ourselves. 

7.5 If we receive a cancellation request later than 5 days before your billing date, you will incur charges for your next billing period.

7.6 If, on Cancellation, you have prepaid for Services beyond the date Cancellation, then you will be refunded the unsused balance so long as the amount exceeds €2.00.

8. No Warranties

8.1 The Services are provided on an “as is” basis and all conditions and warranties expressed or implied whether by statute or common law or otherwise are hereby excluded to the fullest extent permitted by law.

8.2 We do not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free or that any defect in the Services can or will be remedied.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, Goldfish shall have no obligation, duty or liability whatsoever in contract, tort or otherwise to the Customer.

9.2 Goldfish shall have no liability in respect of any fault which is the responsibility of any third party service provider.

9.3 In no circumstances shall Goldfish be liable to the Customer for loss of profits, goodwill or any type of special, indirect or consequential loss (if such loss was reasonably foreseeable or Goldfish had been advised of the possibility of the Customer incurring the same) how so ever arising.

9.4 The Customer shall indemnify Goldfish against all claims made against Goldfish, its employees and agents for loss, damage or injury to any person or property occasioned by or arising from the Customer’s operation or use of the Services except and insofar as Goldfish, its employees or agents are directly liable therefore.

10. Termination

Without prejudice to any other right or remedy which it may have, Goldfish may terminate the provision of the Service on notice to the Customer where any sums remain due and owing for twenty-one (21) days after the date on which payment falls due.

11. Intellectual Property

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Goldfish.

12. Changes to these Conditions

Goldfish may, from time to time, amend these conditions and they will be published at www.goldfish.ie.

13. Severance

If any part or parts of these conditions are held to be invalid, the remaining parts of the conditions will continue to be valid and enforceable.

14. Law

These conditions shall be governed by and construed in all respects in accordance with the laws of the Republic of Ireland and each party hereby submits to the exclusive jurisdiction of the Irish Courts.

ENDS

 

 

 

 

 

 

 

 

 

 
 
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