Broadband
imagine agrees to make available to the Customer the
Services(s) described below on the following Terms and
Conditions:

Definitions
The following words shall have the following meaning:
“imagine”, “we” “us” shall mean Imagine Network Services
Limited, whose registered address is at Sandyford Business
Centre, Blackthorn Road, Sandyford, Dublin 18 and its employees;
“imagine Product & Price Guide(s)” means the information
published from time to time by us in respect of the product
details and prices for the Service(s) and is available at
imagineprodstg.wpengine.com or upon written request;
“Acceptable Use Policy” means additional terms and conditions
that govern the acceptable use of the Service(s) by you and are
available online at imagineprodstg.wpengine.com;
“Agreement” means these Terms and Conditions; the Order;
the Acceptable Use Policy; imagine Product & Pricing Guide(s)
which together constitute a legally binding agreement between
imagine and the Customer. The Agreement shall come into
force once you start to use the Service(s) as determined by us;
“Authorised Installer” means any party authorised by imagine
to install the Equipment but not the Customer;
“Affiliate” means a holding company, group company, or
subsidiary direct or indirect, or a company that is under the
common control of the company concerned;
“Ancillary Services” means all ancillary services including call
management services, for example call waiting or call
forwarding, applied to the telephone line and including
equipment owned by you;
“Charges” means all charges payable by you to us to avail of

the Service(s); the current Charge(s) are detailed in the
imagine Product & Pricing Guide(s);
“Customer” or “you” means the person who has entered into
this Agreement with us to use the Service(s);
“Customer Authorisation Form” means a form to be completed
by you to take up the Service(s);
“Customer Address” means the residential or business
premises location in the Republic of Ireland where the Service(s)
are provided;
“ComReg” or “Commission for Communications Regulation”
means the national regulatory authority for the
telecommunications market in Ireland;
“Connected Services” means services that are not provided by
imagine and do not form part of the Service(s) but which may
use the phone line or broadband, for example alarm monitoring;
remote monitoring; medical monitoring; telemetry of any kind;
Content and Content services; TV services and other third party
internet based services;
“Content” means data, information, video, graphics, sound,
music, pictures, text, code, scripts, photographs, software and
any other material (in whatever form) which may be accessible
by use of the Service(s);
“Equipment” means the equipment that is supplied by imagine
to you when you subscribe to the Service(s) that enables you to
connect to the Network and access the Service(s) and includes
any other fittings, accessories and modifications thereto by us
from time to time;
“Internet” means the global public network based on a
common communication protocol which supports
communication through the world wide web;
“Minimum Term” means the first twelve (12) calendar months of
the Service(s) beginning from the Start Date;
“Network” means the telecommunications system owned and
operated by imagine in accordance with its authorisation and

the regulations set out by ComReg and any other amending or
additional regulations or legislation or Codes of Practice (that
are binding upon imagine);
“Order” means an order made by you to us for the provision of
the Service(s) and includes, where necessary, a Customer
Authorisation Form and, where completed, a Direct Debit
Mandate and such order may be made by the Customer in
writing, on-line or via a recording of the call serving as a record
of the customers consent. Acceptance of such order shall be at
the sole discretion of imagine;
“Start Date” means the date on which imagine provides
Service(s) to you or the date on which you use any part of the
Service(s) as determined by imagine, whichever is the earlier;
“Phone Service” means the routing of calls and telephone
services through an IP-based telecommunications network
accessed by you using approved electronic equipment and/or
device(s);
“Broadband Service” means the service which may be provided
through specific electronic equipment, and device(s), and that
enables connection to the Internet over the Network;
“Services” means the telecommunications service provided by
imagine including voice, broadband and any other associated
services supplied by us to you and in accordance with the
imagine Product & Pricing Guide(s) and Acceptable Use Policy;

The headings set out in this Agreement are for convenience
only and shall not affect its interpretation.

1. Commencement of the service and minimum term
1.1 This Agreement shall commence on the Start Date and shall
be for the Minimum Term after which the Service(s) will continue
to be provided by imagine on the terms of this Agreement
unless terminated in accordance with its provisions.

1.2 On entering into the Agreement, you have confirmed to us
that you are aged 18 years or over and have the authority to act
on behalf of your household or business.
1.3 At any time within a period of fourteen (14) days from receipt
of the Order by imagine, you are entitled to cancel the Order for
any reason whatsoever on prior written notice to imagine (“the
Cooling Off Period”). You are liable for any usage charges
incurred prior to this cancellation of the Service(s). No other
cancellation charges shall apply in respect of cancellation
during the Cooling Off Period.

2. Service
2.1 For technical, operational and commercial reasons imagine
shall be entitled to vary, suspend or discontinue the Service(s)
and any aspect thereof at any time.
2.2 On acceptance of a valid Order from you imagine will
provide the Service(s) to you with all commercially reasonable
skill, care and diligence subject to the payment of the Charges
as set out at Clause 9 and the terms of this Agreement.
2.3 imagine will use commercially reasonable endeavours to
provide the Service(s) by any date we indicate to you for that
purpose, but all dates are estimates only and imagine will have
no liability for any failure to meet any such date(s).
2.4 imagine does not warrant that the Service(s) will meet your
requirements or that the operation of the Services will be
uninterrupted, timely, secure or error-free. The quality and
availability of the Service(s) is subject to certain limitations,
such as the proximity of base stations and other aspects that
are outside imagine’s reasonable control including, but not
limited to, man-made and/ or geographic obstructions.

2.5 imagine does not warrant that calls will not be dropped;
broadband sessions will not be lost; that transmission of data
will occur at any particular speed or that any or all traffic can or
will be transmitted by the Network. imagine does not accept
responsibility for the security of broadband sessions or voice
calls. The Customer conducts any broadband sessions or voice
calls at its own risk and is solely responsible for adopting such
appropriate security measures against unauthorised access to
and interference with the Equipment (or associated
software/hardware and data) or voice or data traffic as may be
necessary.
2.6 imagine is not responsible for Connected Services. We give
no warranty as to the availability, suitability, quality or the
continuation of any Connected Services or in relation to
suspension; discontinuation; re-commencement or lack of
interruption thereof. Your use of Connected Services is at your
sole risk and we will not be responsible or liable for any loss or
damage suffered by you arising from the availability or use of
such Connected Services with the Service(s).
2.7 imagine will use commercially reasonable endeavours to
provide uninterrupted Service(s) but from time to time faults or
outages may occur whether on the Network or otherwise and
imagine does not accept any liability for any direct or indirect
loss, damage or claims which may arise as a result of such an
interruption or faults.

3. Customer Care
3.1 imagines’ customer care number is 1800 938 100 and our
address is Sandyford Business Centre, Blackthorn Road,
Sandyford, Dublin 18. You can contact us by phone, by post or
emailing us on support@imagine.ie with regard to your account
or you’re Service(s). Calls to and from our Customer Support

Centre may be recorded or monitored for training and other
purposes.
3.2 imagine’s Code of Practice which sets out our complaints
and dispute resolution procedure is available online at
imagineprodstg.wpengine.com or upon written request.

4. Provision and Installation of the Services
4.1 On Order acceptance by imagine we will provide you with the
use of Equipment for the duration of this Agreement to facilitate
connection to the Service(s). You must take all reasonable care
in the use and storage of the Equipment and at your own risk;
cost and expense protect the Equipment from loss and damage.
Title to the Equipment will at all times remain with imagine and
you will be liable for any damage caused to or loss of the
Equipment from the date of delivery to you.
4.2 The Equipment may only be used by you to connect to the
Network.
4.3 imagine will use its commercially reasonable endeavours to
deliver the Equipment to the Customer Address by the date we
indicate to you. This is normally within ten (10) working days
from the date we accept your order, but all dates are estimates
and imagine shall have no liability for any failure to meet any
such date. You must inspect the Equipment immediately upon
receipt and inform us in writing within five (5) working days of
delivery of any damage or missing items from the delivery.
4.4 If you fail to take delivery of the Equipment (or fail to give us
appropriate delivery instructions) then without prejudice to any
other rights or remedies available to us, we may store the
Equipment until actual delivery and charge you for the

reasonable costs of same, including re-delivery as a result of a
failed delivery.
4.5 If Equipment supplied to you is faulty you must return the
faulty Equipment (in its original packaging and with any
associated equipment and documentation) to imagine within
twenty-eight (28) days of receipt of the Equipment. We will (at
our sole discretion) either repair the Equipment or supply you
with replacement Equipment. If you fail to return the faulty
Equipment to us within twenty-eight (28) days, we reserve the
right to charge you an unrecoverable Equipment charge.
4.6 Where you elect to install the Equipment, you must ensure
when installing it that any Equipment connected to or used with
the Service(s) is connected and used in accordance with all
applicable instructions, safety and security procedures as set
out by imagine from time to time. Prior to installing the
Equipment, you should read the installation instructions
carefully and back up or save any data on your personal
computer or other device. imagine does not accept
responsibility for any failure by you to follow such procedures or
failure by you to follow correct procedures in relation to your
own equipment and/or its compatibility with the Equipment or
the Service(s).
4.7 The following terms apply where imagine or its agents or
Authorised Installers install the Equipment on your behalf:
4.7.1 You will at your own cost ensure that the premises is
suitable for the installation, use and accommodation of the
Equipment. If you are not the owner of the premises on which
the Equipment will be installed, it is your responsibility prior to
the installation of the Equipment, to ensure you have received
all requisite consents and authorisations from the owner of the

premises to install the Equipment at the premises. We assume
no liability whatsoever arising from your failure to procure such
consent. You acknowledge and agree that you shall fully and
effectively indemnify and keep imagine indemnified for any
costs incurred as a result of your breach of your obligations in
this Clause.
4.7.2 In order to facilitate installation of the Equipment, you shall
grant access to imagine or an Authorised Installer to the
premises to allow for installation (and subsequently for the
repair and maintenance) of the Equipment. Should you fail to
grant access to the premises, you shall
be responsible for all reasonable costs associated with the
labour time lost and we shall not be responsible for non-
provision of the Service(s) as a consequence.
4.7.3 In the event the premises are not suitable for installation
using only standard Equipment, it may be necessary to install
additional Equipment to enable you to avail of the Service(s).
Any costs associated with the additional Equipment shall be
borne by you in addition to the Charges.

5. Your Obligations and Use of the Service
5.1 You undertake not to use the Service(s) or the Equipment:
5.1.1 for any improper, immoral or unlawful purpose, nor cause
any nuisance by the use of the Service(s), nor allow others to
use the Service(s) for any of the foregoing purposes in a way
that may cause degradation of service levels to other
customers as determined by imagine or put the Network at risk;
or

5.1.2 for the transmission of any material which is, may be or is
intended to be a hoax or is of a defamatory, offensive, abusive,
obscene or menacing nature; or
5.1.3 for the infringement of intellectual property rights or trade
secrets of another party or for the processing of automated
personal data as defined in the current Data Protection
Regulations as amended; or
5.1.4 to engage in activities which, in the opinion of imagine,
cause or are liable to cause disruption
or denial of service to any third-party internet or online user; or
5.1.5 to run programs or servers that provide network services to
others through the Services which includes, but is not limited to,
operating a web/mail/ftp server to serve external connections;
5.2 You hereby agree to avail of the Service(s) subject to the
provisions of any telecommunications scheme directed by
ComReg or any other regulatory body and in force for the time
being and the provisions of any legislation applicable hereto.
5.3 You shall ensure that all persons having access to the
Service(s) or the Equipment comply with the terms and
conditions herein stated.
5.4 The Service(s) are provided solely for your own use and you
shall not resell the Service(s) (or any part of the Service(s)) to
any third party.
5.5 Where software is provided to enable you to use the
Service(s), imagine grants you a nonexclusive, non-transferable
licence solely for the term of this Agreement to use the software
for that purpose and you undertake to comply with and be

bound by all conditions of the licence under which the
Equipment is supplied.
5.6 You shall comply and are bound by all conditions of any
licence under which the Equipment or the Service(s) is provided.
5.7 You shall comply with all reasonable instructions given to
you by us in relation to the use of the Service(s).
5.8 You shall inform imagine in writing of any change of your
name, address, email address and/or telephone number and/or
Customer Address. We may charge you any reasonable costs
we incur as a result of such change(s).
5.9 You shall indemnify and hold us harmless against all
liabilities, claims, damages, losses, expenses and proceedings
howsoever arising from or in any way connected with the use of
the Service(s) or the Equipment.
5.10 imagine may at its absolute discretion take any action it
deems reasonably necessary up to and including withdrawal of
the Service(s) from any Customer whose use of the Service(s)
either risks degradation of service levels to other customers,
puts the Network at risk or where the usage of the Service(s) is
inconsistent with normal residential or small business usage or,
in the sole opinion of imagine, is for purposes that are not
reasonably used or envisaged for usage by residential or small
business Customers.

6. Phone Service
6.1 We will provide you with a new telephone number as part of
the Phone Service unless you have chosen to keep your existing
telephone number.

6.2 If you would like to keep your existing telephone number you
can move your number to the Network by means of porting your
number from your current service provider in accordance with
ComReg regulations (“Number Porting”). Once the porting
process commences it may not be possible to discontinue it.
The porting process takes one working day to complete after
your Service(s) is installed.
6.2.1 Your request to port your number shall be as instructed by
you on your completed Order. Your request to port your number
serves as formal notice on your current service provider of
termination of your contract for all telephony services with
them. If you cancel your telephone number directly with your
existing service provider, then you may lose that number and
imagine shall not be responsible for this.
6.2.2 When you port your number to imagine any Ancillary
Services such as call waiting, call barring, voicemail, voicemail
messages, data or facsimile services on your line will not be
transferred to the Phone Service. We do provide call features
with the Phone Service as set out in the imagine Product &
Pricing Guide(s) and any such additional features are available
subject to successful application to us and payment of any
associated charge.
6.2.3 During the porting process there may be a period of
outage of your existing telephone service, which will not exceed
one working day in accordance with ComReg regulations
(“Number Porting”). If there is an outage of your existing
telephone service, Connected Services and any related or
Ancillary Services imagine will not be liable or responsible for
any damage, loss, costs or expenses or other liability in contract,
tort or otherwise direct or indirect incurred as a result thereof.

6.2.4 Upon termination of this Agreement, for whatever reason,
we will port your number to your new service provider provided
a valid porting request is received from your new service
provider and they are able to accept the number from imagine.
6.3 We do not provide a telephone directory service.
6.3.1 If you request, we will make your name, address and
telephone number (as stated on your Order) available to the
National Directory Database for the purpose of inclusion in
telephone directories and a public directory enquires service.
However, it is not the responsibility of imagine to maintain these
databases.
6.3.2 You must notify us, in writing, of the way in which your
name, address, and telephone number is to be made available
by the National Directory Database or if you wish to opt out of
receiving telemarketing calls and if this is your wish then we will
disclose such information only to the extent that we are legally
required to do so or if we receive a request from ComReg or
other regulatory authority.
6.3.4 We do not accept any liability whatsoever for a failure by
the licensed operator responsible for the National Directory
Database service to whom we provide such information to
comply with any listing request that you make to us or to that
licensed operator.
6.4 YOU MAY ACCESS THE EMERGENCY SERVICES WITH THE PHONE
SERVICE FREE OF CHARGE. IF THERE IS AN INTERNET OR ELECTRICITY
FAILURE OR NETWORK INTERRUPTION FOR ANY REASON, IT WILL
PREVENT ALL VOICE SERVICES SUCH AS THE PHONE SERVICE AND
OTHER DATA TRANSMISSION AND RECEIVING SYSTEMS FROM
DIALLING THE EMERGENCY SERVICES AND ANY OTHER CONNECTED

SERVICES INCLUDING BUT NOT LIMITED TO ALARM SYSTEMS OR
MEDICAL MONITORING SYSTEMS. CUSTOMERS SHOULD HAVE AN
ALTERNATIVE MEANS OF ACCESSING THE EMERGENCY OR
CONNECTED SERVICES IN SUCH INSTANCES INCLUDING, FOR
EXAMPLE, HAVING A CHARGED MOBILE PHONE AVAILABLE.
6.5 NETWORK CONGESTION OR VARIATIONS IN THE SPEED OF THE
NETWORK CAN RESULT IN IMPAIRMENT OR DELAY IN ROUTING CALLS
TO EMERGENCY SERVICES OR CONNECTED SERVICES.IT IS YOUR
RESPONSIBILITY TO INFORM ANY HOUSEHOLD RESIDENTS, GUESTS
AND OTHER THIRD PERSONS WHO MAY BE PRESENT AT THE PHYSICAL
LOCATION WHERE YOU UTILISE THE SERVICE(S)OF THE IMPORTANT
DIFFERENCES OF THE PHONE SERVICE COMPARED WITH
TRADITIONAL FIXED LINE PHONE SERVICES. IT MAY NOT BE POSSIBLE
TO DETERMINE ACCURATELY THE EXACT GEOGRAPHIC LOCATION OF
A CALLER FROM THE PHONE SYSTEM AS IT IS NOMADIC AND CAN BE
USED IN VARIOUS LOCATIONS. THE EMERGENCY SERVICES (999 OR
112 OR OTHER SUCH NUMBER) OR THE OPERATOR MAY BE UNABLE TO
DETERMINE YOUR PHYSICAL LOCATION OR ADDRESS INFORMATION.
YOU SHOULD GIVE THEM THIS INFORMATION AS SOON AS THE CALL
IS CONNECTED AS OTHERWISE THE EMERGENCY SERVICES MAY NOT
BE ABLE TO RESPOND PROPERLY.
6.6 IT MAY NOT BE POSSIBLE TO DETERMINE ACCURATELY THE EXACT
GEOGRAPHIC LOCATION OF A CALLER FROM THE PHONE SYSTEM AS
IT IS NOMADIC AND CAN BE USED IN VARIOUS LOCATIONS. THE
EMERGENCY SERVICES (999 OR 112 OR OTHER SUCH NUMBERS) OR
THE OPERATOR MAY BE UNABLE TO DETERMINE YOUR PHYSICAL
LOCATION OR ADDRESS INFORMATION. YOU SHOULD GIVE THEM
THIS INFORMATION AS SOON AS THE CALL IS CONNECTED AS
OTHERWISE THE EMERGENCY SERVICES MAY NOT BE ABLE TO
RESPOND PROPERLY.

6.7 imagine does not have any control over and accepts no
responsibility of any nature or to any extent for the manner in
which calls using our Phone Service are answered or addressed
by the emergency services or Connected Services provider or
whether they respond at all. You shall defend, indemnify, and
hold imagine and its Affiliates and agents and Authorised
Installers and any other service provider who furnishes services
to you in connection with the Service(s) harmless, from any and
all claims, losses, damages, fines, penalties, costs and expenses
(including, without limitation, legal costs ) by, or on behalf of,
you or any third party relating to the absence, failure,
interruption or outage of the Service(s) including the inability of
any user of the Service(s) to be able to access emergency
services or Connected Services.
6.8 imagine will use its commercially reasonable endeavours to
protect the security of your calls however the security of your
calls is not guaranteed, and we accept no liability with respect
to call confidentiality.
6.9 If we identify unusual call patterns, suspicious payment
patterns or any usage that indicate that the Service(s) is not
being used in a manner consistent with normal residential or
small business usage or if we suspect a fraud is being
committed we may restrict your ability to make calls including
but not limited to premium rate, mobile and international calls
permanently or temporarily suspend or terminate the Service(s).
We will make reasonable efforts to contact you before
suspension or termination of the Service(s). Imagine will not be
liable for any damage, loss, cost or expenses as a result of such
suspension or termination. You are liable for all usage of the
Service(s). Further information on digital telephony telephone
services can be found on the Commissioner for
Communications Regulation (ComReg) website

at https://www.comreg.ie/ (in particular see ComReg document
number 05/50).

7. Call Packs
The following additional terms and conditions apply to imagine
Call Packs. Details of these packages are also set out in the
imagine Product and Price Guide(s):
7.1 The Phone Service may come with a Call Pack which allows
you to make certain calls from your Phone Service to any local
and national fixed line number in Ireland including Northern
Ireland (accessed using the (048) prefix).
7.2 Such calls are up to 60 minutes per call after which per
minute standard rates apply as set out in the imagine Product &
Pricing Guide(s). To avoid being charged the per minute rates
you should hang up and redial after 59 minutes. There is no call
set-up charge for calls made within Call Packs.
7.3 The Call Pack may not include calls made to mobile
numbers, international numbers, none geographic numbers,
satellite numbers, Internet subscription-based services and
other numbers or services. All such calls and services will be
charged at imagine standard call rates as set out in the
imagine Product & Pricing Guide(s).
7.4 The Call Pack can be applied to one digital phone line on
your account. Any calls made on additional line(s) will be
charged at the standard rates as set out in the imagine Product
& Pricing Guide(s).
7.5 Details regarding the Call Pack including information on the
call types, rates of charge and applicable times can be found in
the imagine Product & Pricing Guide.

7.6 A fair use policy applies to all call packs which are intended
for normal residential or small business use. If you make
excessive use of your call pack your service may be restricted,
or you may be asked to subscribe to an alternative service
package. imagine at its sole discretion will define from time to
time what constitutes excessive use of the Service(s). Once
customers exceed this limit additional calls will be charged at
the standard rates as set out in the imagine Product &
Pricing Guide(s). imagine reserves the right to cancel or change
the Call Pack facility at any time.

8. Broadband Service
With the exception of abnormal circumstances outside the
control of imagine, imagine’s Broadband Service will be
provided on the following basis.
8.1 The Broadband Service may be available in a number of
different packages. The details of each package, including
download speed, data usage allowances and the Fair Usage
Policy (defined within the imagine Acceptable Use Policy) are
set out in the imagine Product & Pricing Guide(s) (the
“Broadband Package(s)”).
8.2 The imagine broadband network uses the latest advanced
wireless technologies to connect premises to the nearest fibre
point on our network to quickly deliver reliable high-speed
broadband services as an alternative to fixed line broadband
networks. While imagine is deploying the latest advanced
4G/5G technologies, unlike mobile networks, to ensure the
quality of the service we provide and the high data usage of
home and business users imagine limits the number of
customers in a given area and only connects premises where a
reliable high quality connection can be provided.

8.3 As we rollout the network the service is dependent on and
will vary based on the individual location of customers. Imagine
will provide you with the available maximum download and
upload internet access speed at your location at the time of
installation. These are your contracted Maximum Speed
achieved at point of installation which we undertake to deliver
to your premises, however as we continue to optimise the
network exact speeds experienced across the network will vary
and may be higher. While the current release of technology
used in the network deployed is capable of a maximum
download speed of 280Mbps, the advertised download speed at
this time is ‘up to 150Mbps’ and this is the maximum download
speed we will commit to delivering over a single connection.
8.4 The maximum download and upload access speed of your
broadband service is different to the broadband throughput
speed you experience when you use the internet from your
device(s). Broadband throughput speed can be dependent on
many factors. Speeds achievable and service quality are strictly
subject to your device(s) and service capabilities. Best speeds
will always be achieved by connecting your device via a direct
cable connection to the modem. Speeds over wireless
connections will vary based on the quality of your Wi-Fi signal,
distance from and placement of the router, the amount of users
connected, the number of devices connected at the same time,
the capability of those devices and speed they run at, the
number and usage of other users accessing your connection
over Wi-Fi especially during peak times, the level of use on the
network and the capacity of the sites, services and the content
you are accessing. Your Wi-Fi will also be affected by other
electrical devices that may be using the wireless channel e.g.
cordless phones, microwaves or baby monitors. Keeping up to
date with software, firmware and antivirus updates may also
ensure your device(s) will be able to achieve optimum speeds.

8.5 The Normally Available speed that you could expect to
receive most of the time when accessing your broadband
service is 80% of your Maximum Speed achieved at point of
installation. While average speeds are significantly higher the
contracted minimum download speed is 2Mbps and the
minimum upload speed available is 1Mbps.
8.6 If you experience any continuous or regularly recurring
discrepancy between the actual performance of the Broadband
Service and the speeds set out you should contact us, and we
will endeavour to diagnose and resolve your issue. Where your
account has had several or reoccurring unresolved issues in
relation to your service and it is not possible to remedy the issue
and where the relevant facts in relation to the actual
performance of the Broadband Service are established by a
monitoring mechanism certified by ComReg or to imagine’s
satisfaction, then you have the right to withdraw from this
Agreement without penalty. You may also choose to exercise
your rights under common law such as seeking rescission of the
contract or under consumer law, such as the Sales of Goods and
Supply of Services Act, 1980 (as amended) in accordance with
your rights under Irish law. For the purposes of this clause,
“continuous or regularly recurring” means that the customer has
raised the matter with imagine in accordance with imagine’s
customer care policy and Code of Practice and imagine has
been given the opportunity to remedy the situation.

9. Payment
9.1 The Charges in respect of the Service(s) are set out in the
imagine Product & Pricing Guide(s). The current
imagine Product & Pricing Guide(s) is available on-line at
imagineprodstg.wpengine.com. We reserve the right to alter
such Charges and will notify you of such a change by notice, in
writing, thirty (30) days in advance of the implementation date

of any such change. All quoted rates shall be inclusive of Value
Added Tax (“VAT”) unless stated otherwise.
9.2 In order to avail of the Service(s) you agree to pay by
monthly Direct Debit, debit or credit card only. You shall pay all
sums due to us in full within seven (7) days of the date of the bill.
You agree that you are liable for any Charges incurred on your
account irrespective of whether those Charges were incurred by
you or anybody else with or without your consent. imagine
reserves the right to charge you an additional administrative fee
for any unpaid Direct Debits, debit or credit card payments.
imagine also reserves the right to charge administration fees in
relation to cessation, connection and reconnection of the
Service(s). Charges as are set out in the imagine Product &
Pricing Guide(s).
9.2.1 Should a payment due by you fail for any reason, imagine
shall apply an administration charge for each and every event
of failure or as may be set out from time to time in the
imagine Product & Pricing Guide(s).
9.2.2 Should your Service(s) be disconnected by imagine
following continued payment failures or non-payment, a
reconnection charge will be levied and must be paid by you in
each instance prior to reconnection by imagine as may be set
out from time to time in the imagine Product & Pricing Guide(s).
9.2.3 A once off connection charge applies to the Service(s) as
may be set out from time to time in the imagine Product &
Pricing Guide(s).
9.3 You will be charged monthly in advance for all Service(s)
that have a fixed monthly charge. Any other usage of the
Service(s) shall be charged monthly in arrears or otherwise as

deemed appropriate by imagine from time to time for usage of
the Service(s). We may alter your billing date or billing
frequency. As some usage of the Service(s) takes longer to bill
you may be billed for Charges incurred in a prior billing period.
9.3.1 The first payment shall be due by you pro-rated to and
corresponding with the period for which the Service(s) has been
activated and consequently the first Charge may be for a
partial period in arrears in addition to the regular Charge period
in advance.
9.3.2 You will be issued a summary itemised bill by email or by
paper bill if you request it.
9.4 imagine may from time to time require a deposit or advance
payment in respect of any sum of money, fee, Charge,
subscription or expense payable or to be payable by you for the
Service(s).
9.5 Should you disagree with any Charges shown on your bill
you must write or phone us before the date that payment is due
highlighting the Charges that you are querying and, unless
otherwise agreed in writing by us, all charges will remain due in
full at the payment date. If the Charges that you have
highlighted are incorrect then we will apply a credit to your
account in respect of any incorrect Charges. If following the
application of a credit an amount remains outstanding, we will
advise you of the amount and the new payment date. Unless a
credit is issued the full amount remains due. Please refer to the
Code of Practice on dispute resolution on-line at
imagineprodstg.wpengine.com.

9.5.1 All charges for the provision of the Service(s) will be
calculated by reference to the data recorded or logged by
imagine. The determination of imagine in respect thereof is final.

10. Termination
10.1 Subject to the provisions of clauses 10.2 and 10.3 or as
otherwise provided for in this Agreement this Agreement may
be terminated by either party on thirty (30) days prior written
notice to the other.
10.2 If the Customer terminates this Agreement or the Service(s)
or any of them, during the Minimum Term, including in
circumstances where the customer is changing address,
imagine may, without prejudice to its rights to treat the
termination as a breach or repudiation of this Agreement, agree
to accept such termination provided that the Equipment is
returned in good order and that thirty (30) days prior written
notice has been received of such termination and the Customer
agrees to pay to imagine all outstanding charges accrued in full
together with the early termination charge of one hundred Euros
(€100) inclusive of VAT for early termination of the Service(s) as
set out in the Imagine Product & Pricing Guide.
10.3 imagine shall have the right to terminate or suspend the
Agreement immediately for any reason, including, but not
limited to:
10.3.1 non-payment of charges in accordance with Clause 9
above; or
10.3.2 breach by the Customer of the terms of this Agreement; or
10.3.3 if any information supplied by the Customer to imagine is
false or misleading; or

10.3.4 if we are obliged to comply with an order, instruction or
request of Government, ComReg, emergency service
organisation or other competent authority; or
10.3.5 you are suspected of involvement with fraud or acts which
are of defamatory, offensive, abusive, obscene, menacing,
unsuitable or of unlawful character in connection with use of the
Service(s);
10.3.6 you are in breach of the Acceptable Use Policy.
10.4 While the Service(s) are suspended or terminated you will
be unable to make calls or access the internet. You will still be
liable to pay all Charges due and any other reasonable costs
and expenses which imagine may incur as a result of such
suspension or termination and any subsequent reconnection of
Service(s). Please refer to the Code of Practice on dispute
resolution.
10.5 The termination of the Agreement or default of the
Customer hereunder shall not affect any obligations of the
Customer under the Agreement. Without prejudice to the
generality of the foregoing, on suspension of the Service(s) or
termination of the Agreement, all Charges incurred by you
together with all Charges arising from such suspension or
termination shall become immediately due and payable.

11. Liability
11.1 You are solely responsible for preventing unauthorised
access to and use of the Service(s) and imagine shall have no
liability in this regard.
11.2 We shall not be liable for any loss or damage of any kind
caused by the failure of the Service(s) or Equipment howsoever

arising or due to the incompatibility with equipment supplied or
used by you with the Service(s) or the Equipment. The Customer
shall indemnify imagine against all claims made against
Imagine or its sub-contractors or agents, for loss, damage or
injury to any person or property occasioned by or arising from
the use of the Service or the presence of Equipment.
11.3 We shall not be liable to you or any third party in contract,
tort or otherwise for any financial loss whatsoever or for any
indirect or consequential loss or Anticipated Savings howsoever
arising in relation to the use of the Service(s) or the Equipment
or any failure or error or default by us in the provision thereof, or
otherwise in connection with this Agreement. “Anticipated
Savings” means any expense, which the Customer expects to
avoid incurring or to incur in a lesser amount than would
otherwise have been the case by reason of using the Service.
Your statutory rights are not affected.
11.4 We have no liability under this Agreement for the acts and
omissions of other telecommunication operators or Content
providers.
11.5 We are not liable for claims arising out of a breach in the
security or privacy of messages or calls transmitted using the
Service(s).
11.6 Equipment Warranty: imagine warrants to you that the
Equipment will be substantially free from material defects under
normal use (as determined by imagine) for a period of six (6)
months from the date you receive the Equipment whichever
shall be the earlier (“Limited Warranty“). This Limited Warranty
excludes any defects resulting from abuse, misuse, neglect,
theft, vandalism, fire, unusual physical or electrical stress, water,

your failure to comply with imagines’ policies or other
instructions
issued by imagine, alteration or additions to the Equipment not
approved in writing by imagine, or any other cause beyond the
commercially reasonable control of imagine. Repair or
replacement, in imagine’s sole discretion, of the Equipment is
imagine’s only responsibility and your exclusive remedy for
breach of any warranty regarding the Equipment or the
installation thereof. This Limited Warranty is personal to you and
may not be assigned. Subject to the maximum period, the
Limited Warranty for the Equipment shall terminate upon
expiration or termination or expiry of this Agreement.
11.7 This Clause 11 shall continue to apply notwithstanding
termination of this Agreement.

12. Maintenance
12.1 You agree that from time to time it may be necessary for
imagine to temporarily suspend the Service(s) during periods of
repair, essential maintenance or alteration or improvement to
the Network or otherwise in accordance with law. Where
reasonably practicable imagine will give the Customer notice
prior to such suspension of the Service(s) and imagine shall
restore the Service(s) as soon as reasonably possible after such
suspension. Imagine shall endeavour to carry out such work
outside normal usage hours. No liability will be accepted by
imagine for any loss or damage arising
Have any questions? Call: 1800 938 100 as a result of an
interruption in the Service(s) during such maintenance or repair
time.
12.2 You agree to notify us as soon as possible after a defect,
fault or impairment in the operation of the Service(s) is detected
and imagine shall use its commercially reasonable endeavours

to attend to the fault as soon as reasonably practicable as
determined by imagine. We will do so during normal business
hours at the Customer Address or at whichever location imagine
considers the reported fault to be located.
12.3 imagine reserves the right to charge you additional fees for
maintenance or repair where you prevent us from carrying out
our maintenance or where the fault or defect resulted from any
cause whatsoever which is beyond the commercially
reasonable control of imagine, its employees and agents, or if in
the sole opinion of imagine it arises from the wilful neglect or
default of you or of any of your suppliers or agents or from your
failure to comply with the provisions of this Agreement, or from
fault in or other damage to Equipment caused by you.

13. Use of Your Information
13.1 In accordance with the applicable data protection
legislation, any of your personal information or data obtained by
imagine through an application for or the use of the Service(s)
may be accessed and used by imagine or its Affiliates for the
purposes to provide to you and manage for you the Service(s),
for legitimate business purposes or to comply with a legal or
regulatory obligation in accordance with this Agreement and as
set out in the Privacy Policy.
13.2 We use the information we collect for the purposes as set
out in the Privacy Policy including to provide the products and
services you request, to manage our relationship with you as our
customer and administer your account for service delivery,
provisioning, customer services enquires, technical support,
billing, payment processing, to manage collections and to
record instructions you give us and keep you updated on any
changes to your service as well as to record our
communications with you including emails and phone

conversations. We also use your information to administer your
account and for verification, training and quality assurance, to
route and manage traffic and usage across our network, to
ensure our network is secure and detect and prevent fraud or
carry out network troubleshooting, to meet our legal or
regulatory obligations, to protect or enforce our rights or those
of a third party, to protect someone’s vital interests, to apply
your requested National Directories Database preference, to
improve our products and services and offer new features, to
conduct analyses of the performance of our services, network or
customer services through anonymised or aggregated
information which doesn’t identify you.
13.3 We share your information with trusted third parties for a
number of reasons as set out in our Privacy Policy including with
other Affiliates, third party suppliers who work on our behalf to
provide and manage our services, to detect, prevent or
otherwise address fraud, security or technical issues, to carry
out credit checks or debt collection processes, if you fail to meet
your contractual obligations with us, to protect or enforce our
rights or those of a third party, to deal with complaints, queries
and protect our legal rights, to protect someone’s vital interests,
if there was a merger or change of ownership of Imagine, if a
third party who is processing your data on our behalf is required
to disclose it by law and if required to comply with a law,
regulation or legal request. If we need to transfer your data
outside the EEA when we require a third party to work on our
behalf for the performance and delivery of a product or service,
we require any such service providers to process your
information in a secure manner and in accordance with Irish
and EU law on data protection.
13.4 We will only use your information with your consent for
marketing purposes or when you accept the use of cookies on

our sites or applications. You can manage your contact
preferences and decide how you would like us to keep you
updated or not about our products, services and exclusive
promotions via post, telephone, text or email at any time via
your My Imagine customer portal using the contact preferences
link at the bottom of our website or just click unsubscribe at the
bottom of any email or text message we may send you. We
don’t share your information with third parties for marketing
purposes – we only send you information that’s relevant to our
services. To provide you with your service and manage your
account with us we will always send you communications about
your Account, Billing or important Service updates.
13.5 Your personal information or data will not be retained for
longer than required for the purposes of its processing, subject
to any limitation periods imposed by law.
13.6 You have rights in relation to the personal information that
we hold about you, as defined by data protection legislation
and as set out in our Privacy Policy. As we use your information
to provide you with your services and for the performance of our
contract with you, if you object to processing information or
make requests for restriction or erasure of your data these may
affect our ability to provide you with the service requested. You
can exercise any of your rights by contacting our Data
Protection Officer at dataprotection@imagine.ie
13.7 Further information on how imagine obtains, holds and uses
such Customer information or data is available online in
our Privacy Policy which forms part of this Agreement.
13.8 By entering this Agreement, you acknowledge that your
personal information or data will be used to provide and
manage the Service(s), for legitimate business purposes or to

comply with a legal or regulatory obligation in accordance with
this Agreement and as set out in the Privacy Policy.

14. Miscellaneous
14.1 The Order, these Terms and Conditions and the Acceptable
Use Policy together with the current imagine Product &
Pricing Guide(s) (as amended from time to time constitutes) the
entire agreement (“the Agreement”) between the parties in
relation to the Service(s) and shall supersede any previous
agreement(s) that may have been executed by you for the
provision of the Service(s) at any time. In the event of a conflict
between these Terms and Conditions and any of the other
documents referred to then these Terms and Conditions shall
prevail.
14.2 The parties agree that the fact that this Agreement may be
stored or exchanged or displayed or notified in electronic form
shall not affect its validity.
14.3 imagine reserves the right to change any terms of this
Agreement, the Service(s) or any part thereof and the
imagine Product & Pricing Guide(s) upon one (1) months written
notice to you. You have the right to withdraw from this
Agreement without penalty if you do not accept the changes.
The continued use of the service after the effective date of the
change shall be deemed acceptance of the change. The
changed Terms and Conditions shall then become applicable to
you.
14.4 If any of the provisions of this Agreement are held to be
unenforceable, illegal or void in whole or in part the remaining
portions of the Agreement shall remain in full force and effect.

14.5 Notices to Customer: imagine will send all relevant notices
either to your billing address and/or by email and/or by SMS text
message to your mobile phone as provided by you on your
completed Order and this shall be accepted as proper
notification. All correspondence from imagine shall be deemed
served 48 hours after posting or immediately on emailing or on
earlier proof of delivery. Notices to imagine: imagine’s address
for service of any notice here under shall be Sandyford Business
Centre, Blackthorn Road, Sandyford, Dublin 18 or such other
address as we may specify.
14.6 Assignment: You may not assign this Agreement in whole or
in part without the prior written consent of imagine. imagine
may assign this Agreement to an Affiliate or third party at any
time.
14.7 No Waiver: Failure by either party to exercise or enforce any
right conferred by this Agreement shall not be deemed to be a
waiver of any such right and does not operate so as to bar the
exercise or enforcement thereof of any such right or any other
right on any later occasion. Any deficiency in the Customer’s
authority to avail of the Service(s) or to use the Equipment shall
not preclude reliance by imagine on any of its rights under this
Agreement.
14.8 Force Majeure: In the event of Force Majeure, imagine shall
not be held in breach of its obligations here under nor be liable
to the Customer or any other party for any loss or damage
which may be suffered by the other party due to any cause
including, without limitation, any act of God, failure, interruption
of power supplies, flood, drought, lightning or fire, strike, lockout,
trade dispute or labour disturbance, acts or omissions of
Government, highway authorities or other circumstances

beyond the commercially reasonable control of imagine that
prevents it from providing the Service(s).
14.9 Use of the Service(s) or any part of them also constitutes
acceptance of these Terms and Conditions.
14.10 This Agreement shall be governed by and construed in
accordance with Irish law and the parties hereby submit to the
exclusive jurisdiction of the Irish Courts.

Version R3-November-2020