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General Terms & Conditions
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DEFINITIONS

The following words shall have the following meanings:

  • “Agreement” means these Terms and Conditions, the Customer Authorisation Form, and the Acceptable Usage Policy (each as amended, extended, or replaced by Fastcom from time to time).

  • “All Calls Option” means a single bill provided by Fastcom to the Customer covering all aspects of voice services, at rates determined by Fastcom, where voice services include all telephone services, calls, and Call Management Services unless otherwise excluded.

  • “Authorised Installer” means any person or company appointed by Fastcom to install, adjust, maintain, or repair the Equipment.

  • “Charges” means all charges payable to Fastcom for the Service and includes, without limitation, Line Rental Charges, Equipment rental charges, and Call Management Services Charges.

  • “Cooling-Off Period” means the statutory right of the Customer to cancel the Service without penalty within fourteen (14) days of placing an order with Fastcom, by giving written notice during the Cooling-Off Period.

  • “Customer” means the individual, company, or other legal entity who applies for, contracts for, or uses the Service, and who is responsible for compliance with this Agreement, including the payment of all applicable Charges, whether or not they are the end-user of the Service.

  • “Customer Application” means the Customer’s application for the Services, whether submitted in writing, online, or via Third Party Verification.

  • “Customer Authorisation Form” means the form completed by the Customer to approve the provision of the Service, which may also be captured via TPV or sign-up over the Internet.

  • “Data Protection Legislation” means the Data Protection Acts 1988 and 2003, the General Data Protection Regulation (EU) 2016/679, and any amendment, replacement, or supplement thereto from time to time.

  • “Data Privacy” means Fastcom’s obligations and practices under applicable data protection laws, as further described in Fastcom’s Privacy Policy available on its website.

  • “DSFA” means the Department of Social and Family Affairs.

  • “DSFA Scheme” means the telephone allowance scheme operated by the DSFA from time to time, to which Fastcom shall adhere in charging Customers who are eligible under the scheme.

  • “Equipment” means a telephone, router, or other device provided by Fastcom or the Access Provider, located on the Customer’s premises, for use in connection with the Service.

  • “Fair Usage Policy” While Fastcom offers unlimited usage plans, excessive or abusive use that adversely affects network performance or other customers may result in temporary service restrictions or additional charges. Examples include but are not limited to continuous large-scale data transfer, unsolicited commercial communications, or illegal activities. Fastcom will notify customers if their usage breaches fair usage limits and provide options to resolve such issues.

  • “Fastcom” or “Fastcom Telecom”, “we”, “us” means Fastcom Broadband Ltd T/A Fastcom Telecom, registered at Third Floor, Carroll House, 15/16 Stephen Street, Sligo, F91 ADK4, Ireland.

  • “Minimum Subscription Period” means the period of not less than six (6) or twelve (12) months (depending on the package selected) commencing on the date of installation of the Equipment.

  • “Network” means the telecommunications system used by Fastcom for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations 2003.

  • “Off-Peak” means 6pm – 9am Monday to Friday, 6pm Friday – 9am Monday, and public holidays.

  • “Service” means the Internet Protocol (IP) based internet connectivity service provided by Fastcom, connecting the Customer to the Internet via Fastcom’s network, including any additional services subscribed to by the Customer.

  • “Start Date” means the “go-live” date from which the Customer’s account becomes active and Fastcom commences provision of the Service, as communicated by Fastcom.

  • “Subscription Period” means the entire term of this Agreement. The Agreement shall automatically continue in force after the Minimum Subscription Period unless and until cancelled by either Party upon thirty (30) days’ prior written notice.

  • “Third Party Verification” or “TPV” means the independent means of verifying a Customer’s consent and obtaining the information required to approve the provision of the Service, typically conducted via a recorded telephone call.

 

1. THE SERVICE & THE EQUIPMENT

1.1 In consideration of the Subscription, Fastcom supplies the Service and the Equipment to the Customer pursuant to this Agreement. Fastcom hereby grants the Customer the right to use the Equipment and the Service in accordance with the terms of this Agreement, and the Customer accepts such use on the terms and conditions set out herein.

1.2 Fastcom will make reasonable commercial efforts to maintain access to the Service and ensure that it is available for use by the Customer. However, Fastcom shall not be liable for accidental non-availability, outages, or unforeseen interruptions to the Service.

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2. CUSTOMER RESPONSIBILITIES

2.1 The Customer is at least eighteen (18) years of age, legally able to enter into contracts, and responsible for this Customer account. The Customer shall pay all fees, taxes, charges, and other expenses incurred in connection with the account.

2.2 The Customer accepts that Fastcom may change or withdraw any element of the Service from time to time and will use reasonable efforts to notify the Customer of any necessary change in the Services.

2.3 The Customer acknowledges that the basis of this Agreement is that:

  • 2.3.1 The Customer shall at its own cost ensure that the Premises are suitable for the installation, use, and accommodation of the Equipment.

  • 2.3.2 If the Customer is not the owner of the Premises, it is the Customer’s responsibility to obtain all requisite consents and authorisations for installation. Fastcom shall have no liability where the Customer fails to procure such consent. The Customer shall indemnify Fastcom for any costs incurred as a result of breach of this clause.

  • 2.3.3 The Customer shall grant access to Fastcom or an Authorised Installer to the Premises for installation, repair, or maintenance. If access is not granted, the Customer shall be responsible for all reasonable costs associated with the lost labour time, and Fastcom shall not be responsible for non-provision of Services as a consequence.

  • 2.3.4 The Customer or their authorised representative must be onsite during any engineer visit and make the premises accessible for works to proceed. If not present, or if access is not provided, Fastcom may cancel or reschedule the visit and charge an abortive visit fee in accordance with its current price list. The Customer must provide at least forty-eight (48) hours’ notice to reschedule or cancel an appointment. Failure to do so may result in an abortive visit or cancellation charge.

  • 2.3.5 From time to time Fastcom may be required to temporarily suspend the Service to verify compliance with applicable licences, authorisations, or network requirements. Fastcom will use reasonable efforts to minimise disruption and schedule such suspensions outside normal business hours where possible.

2.4 Infrastructure Requirements and Installation

  • 2.4.1 If the Premises are not suitable for installation, additional Equipment may be required. Any associated costs must be borne by the Customer in addition to the Subscription.

  • 2.4.2 Fastcom may rely on third-party providers (including infrastructure operators, subcontractors, or wholesale carriers) for delivery, installation, or maintenance. Installation or activation dates are indicative only. Fastcom shall not be liable for delay or failure caused by such third parties. Fastcom is not responsible for the quality or workmanship of independent contractors engaged to carry out installation works. The Customer, or their authorised representative, must be present during installation and confirm satisfaction with the work before the contractor departs.

  • 2.4.3 If installation is delayed, obstructed, or requires additional works due to issues beyond Fastcom’s control, Fastcom reserves the right to pass on any resulting third-party costs to the Customer, including aborted visit charges, survey costs, duct clearing, or installation variation fees.

  • 2.4.4 Where appointments are scheduled with third-party providers (including but not limited to Open Eir, NBI, or other wholesale operators), the Customer must cooperate with confirmation requirements and ensure access is provided. If installation or service fails due to the Customer’s actions or inactions, Fastcom may pass on any related charges or penalties levied by such third-party providers.

2.5 The Equipment is and shall remain the property of Fastcom. The Customer shall not acquire any right, title, or interest in the Equipment during or after this Agreement. All risk of loss or damage in and to the Equipment shall, from the date of delivery, rest with the Customer.

2.6 The Customer shall:

  • 2.6.1 Notify Fastcom in writing if the Equipment is moved to different premises. If Services are not available at the new premises, this Agreement shall terminate, and the Customer shall remain liable for charges for the remainder of the Minimum Subscription Period unless Fastcom decides otherwise.

  • 2.6.2 Not move the Equipment from its installed location without Fastcom’s prior written consent.

  • 2.6.3 Not make any alterations or modifications to the Equipment without Fastcom’s written consent.

  • 2.6.4 Keep the Equipment free from claims of third parties.

  • 2.6.5 Not alienate, transfer, encumber, or allow any lien to arise over the Equipment.

  • 2.6.6 Inform the owner of the Premises that the Equipment remains the property of Fastcom, and prior to entering into this Agreement advise Fastcom of the name and address of the owner (and any subsequent owner) where the Equipment is installed whereupon Fastcom shall be entitled to notify such persons in writing of Fastcom’s rights in the Equipment and shall be allowed to inspect the Equipment at all reasonable times.

  • 2.6.7 Accept that the location of Equipment within the Premises shall be determined by Fastcom or its authorised installers based on technical feasibility. Any relocation or modification after installation shall be chargeable to the Customer.

2.7 Equipment Care and Replacement

  • 2.7.1 The Customer shall take all reasonable care in the use of the Equipment and maintain it in proper working order.

  • 2.7.2 If any Fastcom-supplied Equipment is lost, stolen, or damaged while in the Customer’s possession or control, the Customer shall be liable for the full cost of repair or replacement at Fastcom’s prevailing rates, in addition to ongoing Subscription charges.

2.8 Fastcom shall, at its own cost, remedy any damage to the Equipment caused by faulty workmanship or defects in the Equipment provided it was installed by Fastcom or an Authorised Installer.

2.9 If the Service provided to the Customer is of unacceptable quality (as reasonably determined by Fastcom), the Customer shall be entitled to terminate this Agreement.

2.10 On termination or expiry, the Customer shall allow Fastcom to recover the Equipment, or return it at their own expense to an address nominated by Fastcom.

2.11 Fastcom reserves the right, at its discretion, to access the Customer’s property to maintain or remove Fastcom’s Equipment.

2.12 Customer Assistance & Call-Outs
The Customer shall cooperate with Fastcom in carrying out reasonable troubleshooting steps remotely before a service visit is arranged. If the Customer refuses or fails to do so, and a call-out is requested instead, the visit shall be treated as a chargeable additional service. Any associated costs, including engineer time, travel, and third-party charges, shall be borne by the Customer.

2.13 Equipment Warranty
Equipment provided by Fastcom is covered under the manufacturer’s limited warranty. During the warranty period, Fastcom will repair or replace faulty equipment provided it was properly installed and used. After expiry of the warranty, all repair or replacement costs shall be borne by the Customer. Fastcom supplies equipment “as is” and disclaims any implied warranties regarding fitness, quality, or compatibility.

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3 AGREEMENT

3.1 The Customer agrees to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement and with Fastcom’s Acceptable Usage Policy and any modifications made to same from time to time.

3.2 This Agreement applies in regard to the provision of broadband and voice services.

3.3 Provision of the Service by Fastcom shall be conditional on receipt by Fastcom of a completed Customer Authorisation Form (CAF), or the required authorisation being captured via TPV, or where the Customer has signed up over the Internet in accordance with Fastcom procedures.

3.4 Each Customer Application for the Service shall be deemed to be in regard to voice and broadband unless otherwise specified in the Customer Application.

3.5 The Customer accepts that Fastcom shall have no liability for any losses or damages howsoever arising from non-provision of the Service. The Customer accepts that they do not own any telephone number made available to them under their Contract. The Customer may request Fastcom to port a number from another communications provider, and Fastcom will use reasonable efforts to do so. However, the Customer accepts this may not always be possible. In such circumstances, Fastcom may provide the Customer with a new number. If the Customer has any questions in this regard, they should contact Fastcom Customer Services.

3.6 If the Customer wishes to set up new accounts at a new location, they acknowledge they must provide Fastcom with what is regarded as suitable proof of new address. Fastcom will follow good industry practice in deciding what proofs of address are required. If an existing Customer is moving address and cannot provide this information, Fastcom will not be able to terminate the existing account, and the Customer will remain liable for any charges that remain due for the remainder of the term of the Service (for example, the balance of the Minimum Period for broadband or charges for calls made on the Service).

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4 CUSTOMER SUPPORT

4.1 Service Levels and Commitments
Fastcom aims to provide a reliable and high-quality Service with a target network uptime of 99.5%. We endeavour to respond to fault reports within twenty-four (24) hours and resolve issues within five (5) working days. In the event that these standards are not met, the Customer may be eligible for service credits or remedies, as detailed in Fastcom’s Service Level Agreement (SLA), which is available upon request.

4.2 Contact Information
Fastcom’s Customer Support number is 0818 70 71 71 or +353 71 9174092.

4.3 Service Alterations
The Customer shall contact Fastcom in the event that they wish to alter any aspect of the Service, including but not limited to: the addition of a telephone account, SIP account, upgrades to telephone service, changes in the Call Management Services, or changes in the Customer’s premises where the Service is provided.

4.4 Complaints and Dispute Resolution
The Customer shall raise any complaints in relation to the Service and address these to:
Fastcom Telecom, Third Floor, Carroll House, 15/16 Stephen Street, Sligo, F91 ADK4, Ireland.

If the Customer has a complaint regarding Fastcom’s services, they should contact Fastcom’s Customer Service team via the contact details provided. Fastcom will acknowledge receipt of the complaint within two (2) business days and aim to resolve it within ten (10) business days. If the Customer is not satisfied with Fastcom’s response, they may escalate the matter to the Commission for Communications Regulation (ComReg) or the relevant Ombudsman.

 

5 PAYMENT OF CHARGES & TERMINATION

5.1 The Customer shall pay the Subscription to Fastcom in the amount stipulated in the Customer Application Form or as advised by a Fastcom customer service representative, monthly in advance, on the first (1st) of every month. Direct debits are processed between the ninth (9th) and the eleventh (11th) of every month.

5.1.1 Billing for fibre or wireless service connectivity will commence on the same day after completion of the installation by Fastcom or a third party.

5.2 The Subscription may increase or decrease at such times and dates as may be notified to the Customer from time to time, subject to restrictions during the Minimum Subscription Period.

5.2.1 Fastcom reserves the right to increase quotation pricing at any time to reflect inflationary pressures, including cases where Fastcom is notified of third-party cost increases. A revised quotation will be issued reflecting the new pricing.

5.2.2 Pricing for services excludes Customer site works. Any additional site works required must be arranged and paid for by the Customer. Any charges imposed by third-party providers due to delays, rescheduling, or aborted installations caused by the Customer may be added to the Customer’s invoice without further notice.

5.2.3 Internal Works & Cabling
The Service is delivered to the technical demarcation point within the Customer’s premises, as determined by Fastcom or its authorised installer. Any internal extension works, including but not limited to cabling beyond this demarcation point to offices, comms rooms, or other internal locations, are the sole responsibility of the Customer. Such works are not included in the Service and must be arranged and paid for separately by the Customer. Fastcom accepts no liability for delays, costs, or performance issues arising from internal wiring or equipment not installed or maintained by Fastcom or its authorised contractors.

5.3 Fastcom shall be entitled, at its election, to immediately cancel this Agreement, suspend the supply of Services, and/or recover the Equipment upon failure by the Customer to pay the Subscription or if the Customer is in breach of the terms of this Agreement.

5.4 Should a Customer’s payment fail for any reason that is due to the Customer, Fastcom reserves the right to apply an administration charge, the amount of which will be notified to the Customer from time to time, for each failed payment event.

5.5 An administration charge may apply to all bills for Customers who do not pay by Direct Debit, as notified by Fastcom from time to time.

5.6 Where a Customer’s Service is disconnected by Fastcom following continued payment failures or non-payment, a reconnection charge will apply. The applicable amount will be notified to the Customer at the time of reconnection.

5.7 Should the Customer ever be required to pay to Fastcom any ancillary amount not otherwise provided for in this Agreement, such amount shall be paid directly to Fastcom in addition to the charges set out in this Agreement.

5.8 If the Service is not available as a result of damage to the Equipment by the Customer, whether inadvertently or intentionally, the Customer shall remain liable for the full Subscription amount during the period where the Service is unavailable.

5.9 Should the Customer wish to discontinue their Service, they must provide Fastcom with one (1) month’s prior written notice.

5.10 If the Customer opts for a paper or hard copy bill, a monthly charge may be payable. The applicable amount will be notified to the Customer from time to time.

5.11 If the Customer disputes any charges shown on their bill, they must lodge a complaint with Fastcom’s customer service prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts remain payable on the due date pending the outcome of the complaints procedure. If it is established that charges were incorrect, Fastcom shall credit any overpayment to the Customer’s account.

5.12 The Customer is responsible for checking any existing contracts with other providers and for paying any ongoing or termination charges due to that provider.

5.13 A Customer’s eligibility under the DSFA Scheme must be declared when applying for the Service. If it is later determined that the Customer was not eligible, Fastcom may recoup improperly awarded DSFA credits through subsequent invoicing.

5.14 Credit Limit
Where the Customer has entered into a Contract, their account may be subject to a monthly Credit Limit as set by Fastcom.

  • 5.14.1 Depending on payment history, Fastcom may lower or raise the Credit Limit.

  • 5.14.2 As the billing system is not instantly updated, the Customer may exceed their Credit Limit. The Customer is liable for all charges, including those above the limit.

  • 5.14.3 Fastcom may suspend the Service if the Credit Limit is exceeded.

5.15 Fastcom may require a non-interest-bearing deposit to offset unpaid Charges. Refunds may be requested but could result in the Credit Limit being reduced.

5.16 Charges for calls will be based on details logged by Fastcom. Calls are charged at the rate applicable when initiated. Charges are rounded up to the nearest cent and minimum call charges may apply, as set out in Fastcom’s price list.

5.17 Late Call Data Records (CDRs) received from network operators may be included in later bills.

5.18 Fastcom may amend charges or change the Customer’s Tariff Plan from time to time. Decreases will be reflected in the next bill. Increases will be notified via Fastcom’s website and take effect at the end of the current billing period. Customers may terminate the Service with 30 days’ notice if they do not accept increased charges.

5.19 Upon termination of any Service for any reason, all outstanding sums and cancellation charges shall become immediately payable. This includes any third-party disconnection charges incurred by Fastcom.

5.20 The Customer agrees to pay all reasonable costs incurred by Fastcom or its agents in collecting unpaid charges.

5.21 Neither party may terminate during the Minimum Period except as otherwise provided. If the Customer terminates early, they shall be liable for the balance of the Minimum Period.

5.22 After the Minimum Period (or where none applies), either party may terminate by giving thirty (30) days’ written notice.

5.23 Fastcom may terminate immediately, with retrospective notice, if:

  • 5.23.1 the Customer is in material breach (including non-payment);

  • 5.23.2 the Customer fails to remedy a breach within thirty (30) days of notice;

  • 5.23.3 the Customer misuses the Equipment;

  • 5.23.4 the Customer provides false or misleading information;

  • 5.23.5 Fastcom must comply with orders of a competent authority;

  • 5.23.6 the Customer is suspected of fraud or unlawful use;

  • 5.23.7 the Customer dies, becomes insolvent, or is unable to pay debts as they fall due.

5.24 Fastcom may terminate by notice if a Force Majeure event continues for thirty (30) days or longer.

5.25 If, on termination, charges remain outstanding, Fastcom may continue to bar the line until paid in full.

5.26 Termination or suspension shall not affect accrued rights or obligations.

5.27 On termination, all charges accrued during the Agreement remain payable.

5.28 On termination, the Customer shall return all Equipment to Fastcom.

5.29 Cancellation or termination automatically terminates any related agreement for the same line.

5.30 Fastcom may terminate if suspension continues for more than ninety (90) days.

5.31 If the Customer refuses payment under SEPA without prior notice to Fastcom Accounts Department, an administration fee will apply, and the Customer may face disruption to service. The applicable amount will be notified by Fastcom at the time.

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Contract Renewal and Termination
This Agreement will automatically renew for successive terms of equal duration unless either party provides written notice of non-renewal at least thirty (30) days before expiry of the current term. Early termination fees may apply if termination occurs before the Minimum Term. Upon termination, all outstanding charges become immediately payable.

 

6 INDEMNITY AND LIMITS OF LIABILITY

6.1 The Customer hereby indemnifies and holds Fastcom harmless from and against any and all losses, expenses (including all reasonable legal fees), injury, damage, costs, demands, liabilities, fines, penalties and claims of whatsoever nature and howsoever arising from or in connection with this Agreement. This includes, without limitation, claims in connection with the use of the Equipment or the Services, whether caused by any act or omission of the Customer or of any third party. It also includes any delay, failure, or breach by third-party service providers engaged by Fastcom in the provision of the Service, and any costs incurred due to the Customer’s failure to ensure timely access to the premises, obtain consents, or resolve site infrastructure issues.

6.2 Liability is neither restricted nor excluded for:

  • 6.2.1 death or personal injury resulting from any negligent act or omission by Fastcom, or the acts or omissions of Fastcom representatives or contractors while acting on its behalf;

  • 6.2.2 direct physical damage to the Customer’s personal property or to the premises, where such damage arises from Fastcom’s own negligence, or the negligence of its employees, representatives or contractors while acting in the course of employment by Fastcom. Fastcom’s liability for such damage shall not exceed a reasonable amount, determined in line with applicable law;

  • 6.2.3 any statutory obligations which cannot by law be excluded or restricted, including liability arising under the Sale of Goods and Supply of Services Act 1980.

6.3 Fastcom will not be liable under or in connection with this Agreement for any unforeseen, consequential, or indirect loss or damage. This includes (without limitation) loss of profits, loss of business or revenue, loss of contracts or anticipated savings, wasted expense, financial loss, loss of or damage to data or hardware, liability to third parties, or compensation for loss of use of the Services.

6.4 Fastcom shall not be liable for failure to comply with its obligations under this Agreement if prevented or hindered by circumstances outside of its reasonable control. Such circumstances may include (but are not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, terrorist activity, war, actions of government, industrial disputes, or the performance or failure of third-party telecommunications services, network operators, or the Internet. For the avoidance of doubt, this includes delays, failures, or defects in workmanship by third-party contractors engaged for installation or maintenance.

6.5 Nothing in this Agreement is intended to limit any rights the Customer may have under common law or statutory rights which cannot legally be excluded.

6.6 Fastcom shall make reasonable efforts to prevent unauthorised access to the Service by third parties, but shall have no liability to the Customer for any loss or damage caused by unauthorised third-party access to the Services or the Equipment.

6.7 Fastcom shall have no liability for failure of the Service or the Equipment due to incompatibility with any equipment not supplied by Fastcom.

6.8 Alarm Systems
Although alarm signals can be carried across a Network, Fastcom is not responsible for lack of service or failure to deliver an alarm signal due to:

  • 6.8.1 the Customer’s use of the Services;

  • 6.8.2 a Network going down;

  • 6.8.3 suspension of the Customer’s account;

  • 6.8.4 misuse or damage of the Customer’s phone or broadband equipment;

  • 6.8.5 factors outside Fastcom’s control (including, without limitation, a technical failure of a Network during testing, modification or maintenance, or where access to a Network is denied to Fastcom).

 

7 USE OF THE SERVICE

Usage Restrictions
The Service must not be used for:

  • Resale or commercial distribution without prior written consent from Fastcom.

  • Sending unsolicited marketing or spam communications.

  • Activities that harm or degrade the network or services, including hacking, virus distribution, or denial-of-service attacks.

  • Any unlawful, fraudulent, or malicious activities.

Failure to comply may result in suspension or termination of the Service without notice.

7.1 The Customer may use the Service for consumer, domestic, personal and/or business purposes. The Customer understands they must take Fastcom’s call service where applicable and will not be able to use another provider for those calls. It is also understood, where applicable, that Fastcom’s Call Service does not include: telephone or other equipment (other than line rental); or internet access.

7.2 Fastcom may provide ancillary optional services, for which additional charges may apply. The Customer may change their selected service options at any time, subject to provisioning times as advised by Fastcom.

7.3 The Customer undertakes not to use, or permit others to use, the Service or the Equipment:

  • 7.3.1 for business purposes to sell on or supply the Service on a commercial basis;

  • 7.3.2 for any improper, immoral, or unlawful purpose, nor cause nuisance through use of the Service;

  • 7.3.3 in any way that may cause degradation of service levels to other customers or put the Network at risk;

  • 7.3.4 to send unsolicited commercial communications or promotional material;

  • 7.3.5 to transmit, publish, or disseminate any material that is defamatory, offensive, abusive, obscene, indecent, menacing, or in breach of intellectual property rights;

  • 7.3.6 to process “personal data” as defined in Data Protection Legislation in contravention of this Agreement;

  • 7.3.7 in any manner contrary to applicable law, regulation, licence, authorisation, or any instruction given by Fastcom;

  • 7.3.8 for any fraudulent or criminal activity, or for unauthorised purposes.

7.4 The Customer shall use the Service subject to the provisions of the Telecommunications Scheme and all applicable law.

7.5 The Customer shall ensure that all persons having access to the Service or Equipment comply with these terms and conditions.

7.6 The Customer shall maintain all Equipment in good working order and in compliance with Fastcom’s reasonable instructions.

7.7 The Customer shall comply with all reasonable instructions given by Fastcom in relation to use of the Service.

7.8 The Customer shall indemnify and hold Fastcom harmless against all liabilities, claims, damages, losses, expenses, and proceedings arising from the Customer’s use of the Service or the Equipment, or any breach of this clause.

7.9 If the Customer is moving home, Fastcom will use reasonable efforts to transfer the Service and retain the Customer’s existing telephone number, but cannot guarantee this.

7.10 A new installation at a new property will usually attract a new installation charge and may require a new minimum term contract.

7.11 If there is a fault with the Service, the Customer should contact Technical Support. Fastcom will use reasonable efforts to repair the fault within five (5) working days of the report.

7.12 If the Customer agrees to a visit from an engineer, but access is not provided, Fastcom reserves the right to apply an abortive visit charge.

7.13 Fastcom may also charge for an engineer visit where it reasonably believes that the Customer has caused the fault by damaging the Equipment.

7.14 Calls may be monitored or recorded for business purposes such as quality control, training, security, and fraud prevention.

7.15 Fastcom will take reasonable steps to secure communications but cannot guarantee against unlawful interception or access by third parties.

7.16 Any communications made using the Service, including calls, emails, or SMS, may be recorded or monitored for lawful business purposes.

7.17 Failure by either party to exercise or enforce rights under this Agreement shall not constitute a waiver of those rights.

7.18 Except as expressly permitted, no person who is not a party to this Agreement has any rights to enforce its terms.

7.19 Any network address assignments issued by Fastcom (e.g., Internet Protocol numbers) remain the property of Fastcom and revert upon termination of the Service.

7.20 If the Customer transacts over the Internet, Fastcom accepts no liability for failures or duplications of such transactions unless Fastcom is a direct party to the transaction.

7.21 Fastcom currently does not operate a Fair Usage Policy for unlimited plans. However, Fastcom reserves the right to introduce such a policy or amend usage terms, providing 30 days’ notice. If the Customer is not satisfied, they may terminate the Agreement by written notice within the 30-day period.

 

8 SUSPENSION / BARRING OF THE SERVICE

8.1 Without prejudice to any rights of termination under Clause 5, Fastcom may temporarily bar, suspend, restrict, or disconnect the Customer’s use of the Service (collectively “suspension”) for non-payment of charges. Payment is due monthly in advance on the 1st of each month. Direct debits are processed between the 9th and 11th of each month. Failure to pay by the last Thursday of the month may result in suspension.

8.2 Suspension will remain in effect until the breach is remedied to Fastcom’s satisfaction.

8.3 If the Service is suspended, the Customer will be unable to make emergency calls and may not have access to broadband during the suspension period.

8.4 The Customer remains liable for all charges during suspension.

8.5 A reconnection charge will apply following any temporary suspension, the amount of which will be notified to the Customer at the time.

8.6 Fastcom may also suspend the Service, without liability, for network alterations, improvements, or maintenance.

8.7 If suspension occurs under Clause 8.6, the Contract remains in effect and the Customer must continue to pay all charges due prior to proper termination. The Service will only be reactivated once the Customer confirms they will comply with the Agreement.

 

9 FORCE MAJEURE

9.1 Neither party shall be held in breach of this Agreement (except payment obligations) nor liable for any delay or failure to perform due to causes beyond its reasonable control, including failure of access providers’ networks, acts of God, interruption of power supplies, flood, drought, lightning, fire, strike, lockout, industrial action, acts or omissions of Government or other authorities, or other circumstances outside its control.

 

10 ASSIGNMENT

10.1 Fastcom may assign this Agreement without consent, provided the assignee is bound by the same obligations.

10.2 The Customer shall not assign this Agreement in whole or in part without Fastcom’s prior written consent.

 

11 WAIVER

11.1 Failure by either party to enforce rights under this Agreement shall not be deemed a waiver of those rights.

11.2 Any deficiency in the Customer’s authority to use the Service or Equipment shall not prevent Fastcom from exercising its rights.

 

12 NOTICE

12.1 Fastcom may send notices to the Customer by post, email, on the Customer’s bill, via its website or portal, or through national newspapers.

12.2 The Customer shall send all notices to the address most recently provided in writing by Fastcom.

12.3 Notices by post or via Fastcom’s website shall be deemed served 48 hours after posting, or earlier if proven delivered. Notices via national newspapers shall be deemed served on the date of publication.

 

13 USE OF INFORMATION

13.1 Fastcom will process personal data in accordance with applicable Data Protection Legislation, including GDPR.

13.2 Information obtained by Fastcom may be used for credit references, billing, and service operation. Use of information beyond these purposes will require Customer consent.

13.3 Fastcom may use Customer contact details for promotions unless the Customer opts out.

 

14 JURISDICTION

14.1 This Agreement is governed by the laws of the Republic of Ireland. The Courts of Ireland have jurisdiction over disputes.

 

15 MISCELLANEOUS

15.1 This Agreement (these terms and the Customer Application) forms the entire agreement. In the event of conflict:

  • 15.1.1 these terms prevail;

  • 15.1.2 followed by the Customer Application.

15.2 Fastcom may alter these terms for legal, technical, operational, or commercial reasons, or change tariffs/packages, by giving 14 days’ notice. Notice may be given by national newspaper, website publication, or written notice. The Customer may terminate during this notice period, subject to paying charges due.

15.3 If any part of this Agreement is unenforceable, the remainder shall continue in effect.

15.4 Prices, quotations, and descriptions on Fastcom’s website are subject to change and do not constitute an offer.

15.5 Fastcom recommends the Customer print a copy of these terms for records. Electronic storage or exchange of this Agreement shall not affect validity.

15.6 All trademarks, logos, software, graphics, and content are the property of Fastcom or its licensors.

15.7 The Customer acknowledges that they have read, understood, and agree to be bound by these terms, and that all information provided by them is true and correct.

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