TERMS AND CONDITIONS  - Last Mile Broadband

 

 

 

Last Mile Limited, a Limited Company incorporated under the laws of the Republic of Ireland with registered offices at Unit 3, Block B, Monksland Business Park, 

Athlone, Co. Roscommon.  Tel.  090 6477701,   Fax   090 6472696,  Website   www.lastmile.ie.

 

Before signing up for our services, you must agree with our terms and conditions below. Please read the following careful y. 

If at any time you choose not to agree to all or any of the following terms and conditions, you must notify the Company immediately to cancel your account.  

 

This Subscriber Agreement (Agreement) is made by and between Subscriber and Last Mile Limited, each as defined in this document, for the provision and use of Fixed

Wireless Broadband Internet access. Now therefore, in consideration of the mutual promises and covenants herein contained, the adequacy of which is hereby 

acknowledged, and intending to be legally bound, Subscriber and Last Mile Limited hereby agree the following. As used in this Customer document, the term the 

"Company" refers to Last Mile Limited. Last Mile Broadband is a trading name for Last Mile Limited. The term “Subscriber” refers to the individual or entity who 

subscribes to the service provided by Last Mile Limited. 

 

1. The Company provides al  services on an "As Is" basis. In providing Internet access and any other services, the Company, its officers, directors, employees, 

representatives and agents, make no representations or warranties except as expressly stated herein and EXPRESSLY DISCLAIM ALL IMPLIED 

WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 

AND SECURITY, AND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND 

WHATSOEVER. WITHOUT LIMITING THE FOREGOING, LAST MILE LIMITED WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM 

THE USE OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET, RELIANCE ON INFORMATION OBTAINED THROUGH 

THE INTERNET, INTERRUPTIONS IN SERVICE, DELETION OF FILES OR E-MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE 

CUSTOMER'S RECORDS OR FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE 

OF PERFORMANCE.  

 

2. The service provided by the Company is best effort and thus, NOT "life safety" qualified. You agree that you have considered the “best effort” nature of your

Internet connection supplied by the Company before deciding whether the use of VoIP telephones, security systems, health monitoring systems or other 

systems requiring permanent, always-on connections is appropriate.  

 

3. To ensure equitable Internet access for all Subscribers, the Company operates a Fair Usage Policy on all contended Services. Fair Usage establishes an

equitable balance in Internet access across High-speed Internet Services for all Subscribers. To ensure this equity, heavy usage Subscribers may experience 

temporary throughput limitations during peak usage hours. Contended services are not intended for continuous high-volume data transfer. Data transfer limits 

apply to some services (AirMax Home – 20GBytes [based on previous 30 days traffic], AirMax Office – 30 GBytes [based on previous 30 days traffic]). File

Sharing eg Kazaa, BitTorrent applications are  tolerated on the basis that they do not degrade overall network performance.  

 

4. AirMax Home Users will not host any type of Server and allow other users to access the Server via the Internet. 

 

5. Subscriber assumes ALL risk and liability for any use of the service. The Subscriber agrees to indemnify the Company against all claims, liability, damages,

costs and expenses, including but not limited to reasonable legal fees, arising out of or related to Subscriber’s use of the service. 

 

6. It is the Subscriber’s responsibility to ensure that battery backup is available to your wireless equipment, routers, etc, during power outages; otherwise the 

Internet connection won't be available during a power outage. In addition, it is the Subscriber’s responsibility to ensure equipment is disconnected or suitably 

protected from lightning strikes or power surges. Damaged equipment is unlikely to be covered under warranty, and the Company will not be liable for your 

failure to protect your equipment as necessary.  

 

7. The Company does not guarantee Internet network performance. The Company provides an Internet access service, and most conditions on the Internet are 

completely outside the control of the Company.   

 

8. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in

advance of the effective date of such changes.  In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10

days from the date of notification of the effective increase to either mail or fax the Company a written request to terminate services. Otherwise, the existing

service will be billed at the new rate.  This Agreement hereby supersedes all previous representations, understanding, or agreements, writ en or oral, by or

between you and the Company, and shall  prevail notwithstanding any variance with terms and conditions of any and all orders submitted.  

 

9. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these 

policies without prior notice at any time.  The actions the Company takes may include account suspension or termination.  The Company does not issue any 

credits for accounts cancelled due to policy violations.  The Company reserves the right to refuse service to anyone at anytime for any reason.

 

10. The Subscriber agrees that this service is and shall be governed by and construed in accordance with the laws of Ireland and both Parties hereby submit to the

exclusive jurisdiction of the Irish Courts to resolve any dispute arising hereunder. 

 

11. The Customer Premises Equipment will be installed at the Service Address as specified in the Subscriber Agreement. The Company is responsible for 

delivery of service to the Customer Premises Equipment Subscriber interface, further distribution of the service is not the responsibility of the Company and 

no support will be provided for issues beyond the Customer Premises Equipment Subscriber interface. The Subscriber is responsible for the provision and

configuration of a PPPoE client (PC or Router) which is required for accessing the service. 

 

12. The Subscriber is not permitted to resell or redistribute your Internet connection to other parties unless agreed to in writing by the Company. A violation of 

this policy will result in the immediate termination of your account. 

 

13. The Subscriber is responsible for creating their own back-up copy of any important or critical information that they may have stored on their system or any 

Company server. 

 

14. The Subscriber agrees that the username and password will be kept secure from others to prevent unauthorised access to the service.  

 

15. The Company grants to the subscriber a non-exclusive, non-assignable and non-transferrable licence to use and display any software provided by or on behalf 

of the Company only for the purposes of accessing the service. Unauthorised copying of the software is expressly forbidden. The Subscriber may not sub-

licence, assign or transfer the licence or the software. 

 

16. Network address assignments issued by the Company are the property of the Company and are considered to be hired to the Subscriber as part of this 

agreement. AirMax Home service includes a Dynamic Public IP address which may vary from session to session. AirMax Office, AirMax SME and AirMax 

Enterprise services include a Fixed Public IP address. In the case of the Company network upgrade it may be necessary to issue a new Public IP Address, if 

this arises the Company will endeavor to give reasonable advance notice to enable the Subscriber to plan for the changeover. 

 

17. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s).  

Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, 

possible prosecution, and assessment of legal fees accrued. 

 

a) Users are responsible for the integrity of content for messages sent from their account, whether sent as mail or as electronic postings, and must 

therefore meet standards as if they were tangible documents.  

b) Users shall  not use their account to create or distribute any images, sounds, messages or other material, which are obscene, harassing, racist, malicious, 

fraudulent or libelous, nor use the account for any activity that may be considered unethical, immoral, or illegal.  

c) Users shall  not intentionally seek information about, browse, obtain copies of or modify files, passwords, or tapes belonging to other people, no matter 

where they are located, unless specifically authorized to do so by those individuals.  

d) Users shall not attempt to decrypt any encrypted material unless authorized to do so.  

 

18. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in

full.  This Agreement is effective when you first use the Company's services, including but not limited to access to the Internet, and continues until service is

terminated.  If either party terminates this Agreement, you are still responsible for any charges on your account. 

 

19. The connection fee and first month’s rental must be paid before installation of wireless equipment. There is a fixed charge for a Standard Installation. Non-

standard Installations will be dealt with on a case-by-case basis and usually attract an additional connection fee. Any additional fee will be agreed with the 

Subscriber in advance of installation and be paid at time of installation or col ected on the first Direct Debit transaction. 

 

20. Service provision using Wireless technology is dependant on Line-of-sight between a Base Station and the Subscriber premises. In the case where there is 

doubt regarding Line-of-sight, The Company may offer to carry out a Line-of-sight test to establish if service can be provided. A non-refundable charge 

will be levied for this test and must be paid in advance. 

 

21. Where a service call is requested by the Customer and it transpires that there was no fault with the Last Mile Broadband system, a service call charge will be 

levied to cover the cost of an engineer visiting the Customers site.   

 

22. The Company bills for most services in advance. Payments are due in advance, on or about the 1st of each month. Accounts are considered active until 

cancelled by the user. Unused time in any month is non-refundable. Accounts in default may be subject to a late payment charge of EUR 20 and an interest 

charge of 1.5% per month on the outstanding balance. If your account is referred to collection the Subscriber agrees to pay any collection costs incurred 

including reasonable legal fees, and court costs.  

 

23. Billing statements will be sent via e-mail if requested. VAT Invoices will not be issued for a AirMax Home service.

 

24. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited.  Bulk e-mail (spamming) 

is defined as identical or similar e-mail messages sent to 25 or more recipients where the recipient has not specifical y requested such e-mail.  Any violation 

of this policy may result in the immediate termination of your account, at the sole discretion of the Company. 

  

25. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.  

 

26. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by 

the Company as a result of your violation of any terms and conditions of this Agreement.  This includes, but is not limited to, solicitors' fees and costs 

resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news 

server violations.   

 

27. In the event the Subscriber wants to cancel the Service, the Subscriber must notify the Company in writing thirty (30) days prior to such cancellation.  This

notice must be e-mailed, faxed or mailed to the Company or otherwise delivered in accordance with the Company’s policies. Where the Service is cancelled 

before the conclusion of the 12 month contract the Subscriber will be liable for cancellation fee of €200 including VAT.  

 

28. All connection service equipment except mounting brackets/mounting hardware wil  remain the property of the Company and will be recovered in

the event of disconnection of service. It will be the responsibility of the customer to ensure that all equipment is used and maintained in a reasonable  way.   

 

29. All enquiries and Customer service requests shall be directed to sales@lastmile.ie, please see our Code of Practice for further detail. 

 

INSTRUCTIONS & AUTHORISING SIGNATURE   

Please sign below to be bound by the Terms and Conditions under which service is provided. 

I, the undersigned, being an authorised representative of Subscriber and intending to be legal y bound, agree and accept ful y the terms and 

conditions as set out in this agreement:  

Signed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  _ _ _   

This agreement will run for a minimum period of twelve (12) months. Non payment of charges wil  result in restriction, suspension or termination of service. 

This service is provided on a best efforts basis. Last Mile Limited undertakes no liability for failure of service