Terms of Service (ToS)

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 6NET 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 thirty (30) days from receipt of the Order by 6NET, you are entitled to cancel the Order for any reason whatsoever on prior written notice to 6NET (“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.

2.1 For technical, operational, and commercial reasons 6NET 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 6NET 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 6NET 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 6NET will have no liability for any failure to meet any such date(s).

2.4 6NET 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) are subject to certain limitations, such as the proximity of base stations and other aspects that are outside 6NET’s reasonable control including, but not limited to, man-made and/ or geographic obstructions.

2.5 6NET does not warrant that 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. 6NET 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 6NET 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 6NET 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 6NET 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.

3.1 6NETs’ customer service number is +353504 60601 and our address is 10 Cabra Court, Thurles, Co. Tipperary. You can contact us by phone or emailing us at support@6net.ie with regard to your account or your Service(s). Calls to and from our Customer Support Centre may be recorded or monitored for training and other purposes.

3.2 6NET’s Code of Practice which sets out our complaints and dispute resolution procedure is available online at www.6net.ie or upon written request.

4.1 On Order acceptance by 6NET, 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 6NET 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 6NET 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 6NET 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 6NET 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 6NET 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. 6NET 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 6NET 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 6NET 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 6NET 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.

5.1 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 6NET 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 6NET, 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), 6NET 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 6NET 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 6NET 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 6NET, is for purposes that are not reasonably used or envisaged for usage by residential or small business Customers.

With the exception of abnormal circumstances outside the control of 6NET, 6NET’s internet Service will be provided on the following basis.

6.1 The internet service is available in a number of different packages. The details of each package, including download speed, data usage allowances, and the Usage Policy are set out in the 6NET Service & Price Guide(s) (the “Internet Package(s)”).

6.2 6NET internet is supplied in a number of different delivery methods. Customers are free to switch between delivery methods when available.

6.2.1 Wireless: We use the latest advanced wireless technologies to connect premises to the nearest fibre point of our partnered network to quickly deliver reliable high-speed internet services as an alternative to fixed-line internet networks. 

6.2.2 Fixed-line, Fibre/Copper, FTTH: Our cable partners allow us to resale their line to provide our customers with fibre and copper solutions.

6.2.3  Satellite: Our satellite partners provides us with access to their network to provide our customers with a last resort satellite internet service, enabling 6NET to offer 100% coverage in Ireland.

6.3 As our partners rollout the network the service is dependent on and will vary based on the individual location of customers. 6NET will provide you with the available maximum download and upload internet access speed at your location at the time of installation and may give multiple options on speed and pricing subject to the delivery method. These are your contracted Maximum Speed achieved at the 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 864Mbps, 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.

6.4 The maximum download and upload access speed of your internet service is different to the internet throughput speed you experience when you use the internet from your device(s). internet 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.

6.5 The Normally Available speed that you could expect to receive most of the time when accessing your internet 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.

6.6 If you experience any continuous or regularly recurring discrepancy between the actual performance of the internet 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 internet Service are established by a monitoring mechanism certified by ComReg or to 6NET’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 6NET in accordance with 6NET’s customer care policy and Code of Practice and 6NET has been given the opportunity to remedy the situation.

7.1 The Charges in respect of the Service(s) are set out in the 6NET Service & Price Guide(s). The current 6NET Service & Price Guide(s) is available on-line at www.6NET.ie. 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.

7.2 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. 6NET reserves the right to charge you an additional administrative fee for any unpaid Direct Debits, debit or credit card payments. 6NET 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 6NET Service & Price Guide(s).

7.2.1 Should a payment due by you fail for any reason, 6NET shall apply an administration charge for each and every event of failure or as may be set out from time to time in the 6NET Service & Price Guide(s).

7.2.2 Should your Service(s) be disconnected by 6NET 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 6NET as may be set out from time to time in the 6NET Service & Price Guide(s).

7.2.3 A once off connection charge applies to the Service(s) as may be set out from time to time in the 6NET Service & Price Guide(s).

7.3 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 6NET 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.

7.3.1 The first payment shall be due 30 days after installation and each bill date will be every 30 days.

7.3.2 You will be issued a summary itemised bill by email and can view all bills, payments, and statements at my.6net.ie

7.4 6NET 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).

7.5 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 www.6NET.ie.

7.5.1 All charges for the provision of the Service(s) will be calculated by reference to the data recorded or logged by 6NET. The determination of 6NET in respect thereof is final.

8.1 Subject to the provisions of clauses 8.2 and 8.3 or as otherwise provided for in this Agreement, this Agreement may be terminated by either party on thirty (30) days prior to written notice to the other.

8.2 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, 6NET 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 6NET all outstanding charges accrued in full together with the early termination charge of one hundred Euros (€100) exclusive of VAT for early termination of the Service(s) as set out in the 6NET Service & Price Guide.

8.3 6NET shall have the right to terminate or suspend the Agreement immediately for any reason, including, but not limited to:

8.3.1 non-payment of charges in accordance with Clause 7 above; or

8.3.2 breach by the Customer of the terms of this Agreement; or

8.3.3 if any information supplied by the Customer to 6NET is false or misleading; or

8.3.4 if we are obliged to comply with an order, instruction or request of Government, ComReg, emergency service organisation or other competent authority; or

8.3.5 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);

8.3.6 you are in breach of the Acceptable Use Policy (delivery method-specific).

8.4 While the Service(s) are suspended or terminated you will be unable to access the internet. You will still be liable to pay all Charges due and any other reasonable costs and expenses which 6NET 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.

8.5 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.

9.1 You are solely responsible for preventing unauthorised access to and use of the Service(s) and 6NET shall have no liability in this regard.

9.2 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 6NET against all claims made against 6NET 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.

9.3 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.

9.4 We have no liability under this Agreement for the acts and omissions of other telecommunication operators or Content providers.

9.5 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).

9.6 Equipment Warranty: 6NET warrants to you that the Equipment will be substantially free from material defects under normal use (as determined by 6NET) for a period of twelve (12) 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 6NETs’ policies or other instructions issued by 6NET, alteration or additions to the Equipment not approved in writing by 6NET, or any other cause beyond the commercially reasonable control of 6NET. Repair or replacement, in 6NET’s sole discretion, of the Equipment is 6NET’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.

9.7 This Clause 9 shall continue to apply notwithstanding termination of this Agreement.

10.1 You agree that from time to time it may be necessary for 6NET 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 6NET will give the Customer notice prior to such suspension of the Service(s) and 6NET shall restore the Service(s) as soon as reasonably possible after such suspension. 6NET shall endeavour to carry out such work outside normal usage hours. No liability will be accepted by 6NET for any loss or damage arising

Have any questions? Call: 0504 60601 as a result of an interruption in the Service(s) during such maintenance or repair time.

10.2 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 6NET shall use its commercially reasonable endeavours to attend to the fault as soon as reasonably practicable as determined by 6NET. We will do so during normal business hours at the Customer Address or at whichever location 6NET considers the reported fault to be located.

10.3 6NET 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 6NET, its employees and agents, or if in the sole opinion of 6NET 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.

11.1 In accordance with the applicable data protection legislation, any of your personal information or data obtained by 6NET through an application for or the use of the Service(s) may be accessed and used by 6NET 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.

11.2 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.

11.3 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 6NET, 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.

11.4 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.6net.ie 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.

11.5 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.

11.6 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 team at custcare@6net.ie

11.7 Further information on how 6NET obtains, holds, and uses such Customer information or data is available online in our Privacy Policy which forms part of this Agreement.

11.8 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.

12.1 The Order, these Terms and Conditions and the Acceptable Use Policy together with the current 6NET Service & Price 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.

12.2 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.

12.3 6NET reserves the right to change any terms of this Agreement, the Service(s) or any part thereof and the 6NET’s Service & Price 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.

12.4 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.

12.5 Notices to Customer: 6NET 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 6NET shall be deemed served 48 hours after posting or immediately on emailing or on earlier proof of delivery. Notices to 6NET: 6NET’s address for service of any notice here under shall be 10 Cabragh Court, Thurles, Co. Tipperary OR to info@6net.ie, or such other address as we may specify.

12.6 Assignment: You may not assign this Agreement in whole or in part without the prior written consent of 6NET. 6NET may assign this Agreement to an Affiliate or third party at any time.

12.7 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 6NET on any of its rights under this Agreement.

12.8 Force Majeure: In the event of Force Majeure, 6NET 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 6NET that prevents it from providing the Service(s).

12.9 Use of the Service(s) or any part of them also constitutes acceptance of these Terms and Conditions.

12.10 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.