Effective Date: August 1st, 2019
The Customer recognizes and accepts that the present terms and conditions may be modified by MBS Media Limited at any time in accordance with the provision herein and any changes will be posted on www.mbsmedia.store site, along with the effective date.
These Terms and Conditions govern the provision of and use of residential and online services, including, but not limited to, Virtual Private Networking, Media Maintenance services and Cloud Storage services provided by MBS Media Limited , as well as any hardware, equipment or devices provided by MBS Media Limited in conjunction with these services. Unless otherwise specified, services will be offered for an indeterminate term.
Payment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. MBS Media Limited requires pre-authorized bank or credit card payments for certain services. Payments are due every month on the date specified in the service order, or upon receipt of invoice. Overdue amounts are subject to interest fees of 1.25% per month (16.07% per year).
For all packages, the acceptance of the order is conditional on the payment of the first invoice which includes the shipping, activation and installation fees, as well as service charges for the initial billing period if applicable. The payment is non-refundable unless MBS Media Limited cannot provide the service to the Customer.
In the event of a payment default, any outstanding amount becomes immediately payable and due. A fifteen dollar ($15.00) charge may be applied for any payment items returned by the bank. In the event of returned pre-authorized charges to a bank or credit card, MBS Media Limited may attempt to process payment before the next regularly scheduled payment.
A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to The Customer, amount will be refunded within 15 days.
If the Customer disputes any charges, fees reported within an invoice, the Customer shall notify MBS Media Limited in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. MBS Media Limited reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.
MBS Media Limited reserves the right to change payment notification methods, including the cessation of mailed debit notices, where not required by law. As part of our commitment to the environment, and to save our Customers’ costs, MBS Media Limited is committed to converting from mailed debit notices to electronic notifications, wherever possible. Unless otherwise specified in writing, Customers agree that MBS Media Limited may debit their bank account or credit card (as applicable) by an amount equal to the monthly charges, applicable usage charges and any amounts in arrears, without any notice or further authorization from the Customer].
3) EARLY TERMINATION FEES:
If the Customer subscribes to a term service and cancels prior to the end of the term, the Customer may be charged Early Termination Fees (ETFs) The ETFs are not a penalty. They are an estimate of damages suffered by MBS Media Limited as a result of the Customer’s early cancellation of MBS Media Limited Services.
Any ETFs will be calculated based on the amount of the discount (whether to services, hardware or both) offered in exchange for a fixed term, prorated to the time remaining in the fixed term, and will not exceed the value of the original discount for services and/or hardware provided.
4) SERVICE SUSPENSION
In the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, MBS Media Limited may suspend service without prior notice.
MBS Media Limited may impose a charge of up to $5 for disconnection of each Service and a separate charge of $5 for reconnection of each Service, and the Customer shall pay to MBS Media Limited all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by MBS Media Limited following a reconnection request.
Orders are subject to credit approval and in the event of unacceptable credit risk, MBS Media Limited may interrupt some or all services or features without prior notice.
5) LIMITATION OF LIABILITY AND INDEMNIFICATION
MBS Media Limited will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. MBS Media Limited aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL MBS Media Limited, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH MBS Media Limited ’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT MBS Media Limited WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
The Customer agrees to defend, indemnify, and hold harmless MBS Media Limited , its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or MBS Media Limited in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including but not limited to their provision of incorrect information to MBS Media Limited in connection therewith.
6) PRICES AND SERVICE FEES
Long Distance rates which can change without written notice. Price for other services and/or discount rates may be subject to change upon written notice. In such cases, the Customer will be informed thirty (30) days before the effective date.
Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.
In the event of non-maintenance related interruptions, MBS Media Limited may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.
Service orders may be subject to credit approval and in the event of unacceptable credit risk, MBS Media may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice. Deposits will earn simple interest based on the overnight rate of the Bank that is then in effect plus 1.25%, calculated on a monthly basis based on your billing period and prorated for any partial month MBS Media Limited holds the deposit. When MBS Media Limited Services are cancelled or the conditions justifying the deposit no longer apply, MBS Media Limited will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to MBS Media Limited , then refund you the balance of the deposit, if any.
7) EQUIPMENT PROVIDED BY MBS Media Limited
The Customer agrees to maintain and operate any equipment, software and services provided by MBS Media Limited in compliance and in accordance with the applicable operating instructions provided by MBS Media Limited . If MBS Media Limited provides equipment to the Customer, a shipping fee of $10.00 will apply.The obligations listed in this section above will survive the expiration or termination of the service agreement.
8) EQUIPMENT PURCHASE FROM MBS Media Limited
The sale of any equipment shall be final and the equipment may not be returned or exchanged without the consent of MBS Media Limited . Any equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date, or the first date of the rent-to-own period, for parts and labour. MBS Media Limited will replace any defective equipment with comparable Equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, the Customer agrees to notify MBS Media Limited promptly so that MBS Media Limited may arrange to make the necessary assessment.
9) REMOTE SUPPORT AND MAINTENANCE
In order to provide The Service to its Customers, MBS Media Limited may directly or through a third party connect on Customer request remotely to Equipment such as but not limited to modems, Internet Telephone Adaptors, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.
In addition to the above, for the purposes of correcting or analyzing service problems, MBS Media Limited may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.
MBS Media Limited may, without any liability, interrupt the services for technical or maintenance purposes. Where possible, MBS Media Limited shall provide advance notice via electronic communications or by posting a notification on the web site under “Network Status”.
10) FORCE MAJEURE
Notwithstanding any other provisions, MBS Media Limited shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
11) TRANSFER OF ACCOUNT
This account shall not be assigned or transferred in any way whatsoever without the prior written consent of MBS Media Limited which may be withheld at its discretion.
12) CANCELLATION OF SERVICE
Cancellation of service requests must be communicated to MBS Media Limited in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. Unless otherwise specified in the request, the cancellation date of services will be effective on the last day of the current billing period.
Early cancellations of plans with a specific term may result in a recalculation of monthly rates in exclusion of any previously applied prepayment discounts prior to the refunding of any deposits or credits due to the customer.
13) DELETION OF MESSAGES AND DATA
Upon termination of the Service, MBS Media Limited is authorized to delete any files, programs, data, voicemail, E-mail or any other types of messages associated with The Service without additional notice to The Customer.
14) ACCEPTABLE USE POLICY (“AUP”)
The Customer agrees to abide by the MBS Media Limited Acceptable Use Policy which is available in the Legal section of www.mbsmedia.store site.
15) UNAUTHORIZED ACCESS
Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code.
16) VIOLATION OF THIS AGREEMENT
Use of the Service in a manner which MBS Media Limited , in its sole discretion, believes violates this Agreement, may result in MBS Media Limited taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. MBS Media Limited shall not have any liability for any such responsive actions.
The above described actions are not exclusive remedies of MBS Media Limited and MBS Media Limited may take any other legal or technical action it deems appropriate.
MBS Media Limited reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, MBS Media Limited may suspend The Service(s) involved.
17) NO WAIVER
The failure of MBS Media Limited to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.
MBS Media Limited
Reg. N0: 653103
3 Coliemore Road
Dalkey, Co. Dublin