eircom Voice Portal Help

1.1 In this Agreement:

"Commencement Date" means the date upon which the Service goes live (There is a two phase enablement of the Services (a) provision of the Service on our platform which allows the Customer to log in and avail of the Service. (b) when the "Authorised Person" receives their eircom voice portal log in details, they can log in and access their account. They Service is deemed to commence from point (a) above.
"Customer" means the person who has agreed to avail of the Service.
"Authorised person" means the individual who is provided with username and password, when the Customer makes their application for the Service.
"Service" means the eircom Service known as "eircom Voice Portal", which will be an add-on to the Customers existing freefone, PRS or VPN Service. In respect of VPN Customers it will enable them to produce reports on their Service only.
"eircom Voice Portal" is a facility which allows Customers to make changes and report on their eircom telemarketing and or VPN Services, which eircom agrees to provide to the Customer under this Agreement
"Permitted Access" is the means of access as specified in eircoms Voice Portal order form
"Order Form" means the eircom Voice portal order form which specifies the customer requirements.
"Freefone" means Telemarketing numbers
"PRS" means Premium Rate Service
"VPN" means Virtual Private Network.

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2.1 eircom will provide the Customer with the Service subject to the terms and conditions of this Agreement.
2.3 eircom reserves the right, at its absolute discretion, to modify, withdraw, suspend or restrict the availability of the Service or any part thereof.

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3.1 The Customer will use the Services in accordance with the applicable law, including data privacy laws, communications regulations and tariffs, and standard conditions of use established by eircom, and agrees to indemnify eircom in respect of any breaches of Service which arise.

3.2 The Customer will use any access codes, details, Customer/user identities, passwords, account formula or similar material (the “Customer Details”) assigned to it only from the locations authorised for those Customer Details. The Customer details may not be divulged to any unauthorised person or assigned without the prior written approval of eircom. The Customer will use the Service in accordance with the manner which their permitted access allows. The Customer will be able to make changes to their telemarketing Services and any changes undertaken to the Service will be implemented in real time on eircoms network. eircom shall have no liability for any such changes implemented by the Customer at their own risk.

3.3 Without prejudice to the generality of Clauses 3.1, 3.2, the Customer agrees that it shall: observe and comply fully with the laws of copyright and intellectual property rights in respect of the information provided through the Services and the Customer may not use, copy or deal with such information other than for the Services without the due and proper authorisation of the copyright owner;

• Unless the Customer has obtained in writing the prior written approval of eircom the Customer is prohibited from allowing any other party access to the Service.
• ensure that all software and hardware equipment or facilities required in order to provide a connection to the Service is made available and in good and compatible working order.

3.4 Where the Customer has been granted a facility to add its own telephone numbers as termination points on the eircom Voice Portal, the customer agrees that it will only add telephone numbers which are within its control and agrees to indemnify and hold eircom, its employees and agents harmless against any liability, claims, damages costs and expenses including legal costs arising directly or indirectly from any Customer errors made in the exercise of this facility.

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4.1 - The Customer should be aware that eircom will only hold customer files and data for a period of three months and beyond that the customer is responsible for the necessary back-up of its files, data and programs or any other form of information.
4.2 The Customer acknowledges that eircom employees and representatives may gain access to the Customer's data in the course of providing Services to the Customer. eircom will protect from unauthorised disclosure or access the Customer data in its possession to which its employees or representatives gain access by using the same degree of care that eircom takes to protect its own data of a similar nature. However, this obligation will not apply to the Customer data which is or becomes publicly available without fault on the part of eircom, is already in eircom possession prior to the time eircom gains access to the data under this Agreement, is independently developed by eircom, or is rightfully obtained from third parties. Both parties agree to comply with their obligation under the Data Protection acts 1988-2003.
4.3 Each party shall treat as confidential all information obtained from the other pursuant to this Agreement and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other parties prior written consent, provided however that this clause shall not extend to information rightfully in the possession of such party prior to commencement of the negotiations leading to this Agreement, which is already public knowledge or will become so at a future date (otherwise that as a result of a breach of this clause) or which is trivial or obvious. Each party shall ensure that its employees are aware of and comply with the provisions of this clause. The foregoing obligations as to confidentiality shall survive any termination of this Agreement.
4.4 The security and confidentiality obligations of eircom under this Clause 4 are subject to all applicable law. It is expressly agreed that eircom shall be released from these obligations in the event of the breach of Clause 3.1 by the Customer.

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5.1 Unless otherwise stated this Service may be terminated by either party upon written notice thirty (30) days prior notice.
5.2 This Agreement may be terminated forthwith by eircom in the event of:

• If the Customer commits a breach of any of the terms of this Agreement and fails to remedy such breach within fourteen (14) days notice by eircom requiring such breach to be remedied.

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6.1 To the maximum extent permitted by law, eircom shall have no obligation, duty or liability whatsoever in contract, tort or otherwise to the Customer.
6.2 eircom shall have no liability under this Agreement in respect of any fault which is the responsibility of any third party Service provider.
6.3 In no circumstances shall eircom be liable to the Customer for loss of profits, goodwill or any type of special, indirect or consequential loss (if such loss was reasonably foreseeable or eircom had been advised of the possibility of the Customer incurring the same) how so ever arising.

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