WEBSITE/PORTAL ACCESS AGREEMENT

These terms and conditions (the "Terms and Conditions") shall apply between you (referred to as "you" or "your") and Digiweb Limited (referred to as "Digiweb", "we", "us" or "our"), and govern your access to and use of the “My Digiweb” portal gateway website (or any other portal gateway website operated by Digiweb) (the "Site" or "Portal") and of the services made available to you via the Site (the “Services”).

Access

By registering for access to and use of the Portal and the Services, you are indicating your consent to be bound by these Terms and Conditions and by accessing and using this Site, you shall be deemed to have read, understood and accepted to be legally bound by these Terms and Conditions. If you do not agree to each and every term of these Terms and Conditions then please do not register for or use the Site or the Services.

Once registered as a user, you will be allocated a user name and password for access to the Site. You are responsible for all usage or activity on your Site account whether authorised by you or not, including safekeeping and confidentiality of your user name and password. You shall not permit any third party to access the Site using your user name and/or password.

If you forget or lose your password, you should request a new password by visiting the 'Forgotten your password' section.

Ownership

This Site is owned, operated and maintained by Digiweb.

Amendments

Digiweb may amend these Terms and Conditions from time to time, by posting amended terms and conditions to the Site, and your use of this Site after such changes have been posted will constitute your agreement to the modified terms and conditions and all of the changes. Digiweb recommends that you periodically revisit this document in order to review amended terms and conditions.

Digiweb Network Contract

You should also note that the Site and certain Services on this Site are provided in conjunction with Our network and/or associated services. Where this is the case, the terms and conditions of your contract with us for use of our network and associated services will apply and must be complied with, in addition to these Terms and Conditions.

The Data

The data, Services and all other information made available to you through this Site forms the database (the “Database”) maintained by Digiweb for the delivering of this Site and Services.

Conditions of Access and Use of Site

The access to this Site and Services must be in accordance with these Terms and Conditions and must be used in a manner so as not to corrupt the Site, or any information on the Database.

You shall not, and shall ensure that no person shall –

a) access any part of the Database, Site or Services to which access is not authorised;

b) transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

c) tamper with the Site or the Database;

d) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site;

e) take any action that imposes an unreasonable or disproportionately large load on the servers rendering this Site and its connected electronic services;

f) use any equipment or software to access this Site or its connected related electronic services in a manner which is inconsistent with these Terms and Conditions;

g) make any additions, modifications, adjustments or alterations to the Site or Database;

h) permit the linking or communication with any other system, equipment or database for the purpose of disseminating any part of the Site or the Database through such other system, equipment or database;

i) use any robot, spider, automatic device or manual process to monitor or copy any pages within this Site or the Database.

Bill Viewing and Payments

Notwithstanding that Digiweb employs recognized standard security procedures which are designed to prevent unauthorised interception of credit or debit card (“Payment Card”) information in transit, there are prevailing risks associated with internet communications and Payment Card use, over which Digiweb has no control.

Digiweb recommends that you protect yourself (by insurance or otherwise), from unauthorised or incorrect Payment Card use, and in the event of loss, theft or unauthorised use of your Payment Card you notify your card provider in accordance with its standard terms. Digiweb’s security procedures include the storage of your Payment Card information. This information is used for processing your payments.

By using the Site and Services, You may be able to view details of recent billing information. Individual users of subscriber lines of a business customer will only be able to view their own billing information. Only authorised personnel can view the billing information of all the subscriber lines of a business customer, and Digiweb reserves the right to request evidence of such authorisation.

Copyright, Patents, Trademarks and other intellectual property rights

You acknowledge that the Site, the Services and the Database, including the design and layout of this Site, are protected by copyright, trademark and other forms of proprietary rights owned by the Digiweb or our licensors

Except as otherwise provided or with the prior written permission of the owners of the intellectual property, you shall not adapt, reproduce, publish, on-sell, upload, post, transmit or otherwise distribute in any way the Database or the Site, or permit or facilitate any of such acts.

Except as otherwise provided, you shall not commercialise the products and services obtainable from this Site in any way without the prior permission of, and subject to such conditions as may be imposed by Digiweb.

Disclaimer of Warranties and Liability

The Site, Database and the Services are provided on an "as is" and “as available” basis and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, Digiweb makes no warranties or representations:

a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Site, Database and the Services;

b) that the Site, Database and the Services will be free of all viruses or other harmful elements;

c) that the Site or any Service will meet your requirements or that the operation of the Site or any Service will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;

d) that the information transmitted through the Site is secured;

Liability and Indemnities

You agree to indemnify and hold Digiweb, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) sustained pursuant to the use of the Site or any Service by you, your agents or any third party via your Service account(s) or your breach of these terms and conditions.

Digiweb (and any third parties involved in the provision of the Site or Services) shall not be liable for any costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings), losses or damage (other than death or personal injury caused by negligence), whether based in contract, tort, or otherwise, even if Digiweb (and any third parties involved in the provision of the Site or Services) has been advised of the possibility of such losses, damage, costs or expenses, arising out of or in any way connected with:

a) the provision of or failure to provide the Site or any Service, and the use by you of same;

b) breaks, errors, defects, or delays in the provision of the Site or any Service;

c) Your dealing with any third parties, including but not limited to advertisers, promoters, vendors or service providers;

d) the loss, corruption or overwriting of any information, material, data, communication or message;

e) any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Site or any Service;

f) the suspension or termination of any Service (or any part thereof);

Your Responsibilities and Specific Warnings

You must ensure that your access to this Site and the use of the Services on this Site is not illegal or prohibited by laws which apply to you.

You must install and execute anti-virus software and take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any related web site.

Right of Access

Digiweb reserves all rights to deny or restrict access to this Site or any Services to any particular person or organisation, or to block access from a particular Internet address to this Site, at any time, without notice and without ascribing any reasons whatsoever. Digiweb’s liability disclaimer will nevertheless survive any such termination.

Links from this Web Site to other Web Sites

This Site may contain hyperlinks to other web sites (“linked websites”) which are not maintained by Digiweb. We are not responsible for the contents or privacy practices associated with the linked web sites. The linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary. Use of the hyperlinks and access to such web sites are entirely at your own risk.

Hyperlinks to other web sites are provided as a convenience. In no circumstances shall Digiweb be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on web sites to which this Web Site is linked. You shall evaluate the accuracy, reliability, correctness or completeness of any information and evaluating any goods (including software) or services offered by any third parties via the Site or linked sites. Digiweb shall not be a party to or be in any way responsible for any transactions between you and such third parties;

Links to this Web Site from other Web Sites

Except as set forth below, caching and links to, and the framing of this Site or any of its contents are prohibited

You must secure permission from Digiweb prior to hyperlinking to, or framing, this Site or any of its contents, or engaging in similar activities. Digiweb reserves the right to refuse or to impose conditions when permitting any hyperlinking to, or framing of this Site or any of its contents.

Your linking to, or framing any part of this Site or its contents constitute acceptance of these Terms and Conditions. This is deemed to be the case even after the posting of any changes or modifications to these Terms and Conditions. If you do not accept these Terms and Conditions, you must discontinue linking to, or framing of this Site or any of its contents.

In no circumstances shall Digiweb be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on web sites that link to this Site or any of its contents.

Digiweb reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

Digiweb reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Site or any of its contents.

Waiver and Severability

If Digiweb waives any rights available to Digiweb under any of these Terms and Conditions (to include the provision of additional time) on one or more occasion; this does not mean that those rights will automatically be waived or time extended on any other occasion. Any delay by Digiweb in acting on a breach does not constitute a waiver of that breach.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue to be valid and enforceable, and the invalid or unenforceable provision shall be deemed to be amended and replaced by an enforceable provision that matches as closely as practicable the intent of the original provision.

Governing Law and Jurisdiction

You agree that these Terms and Conditions shall be governed and construed in accordance with laws of the Republic of Ireland, and you submit to the exclusive jurisdiction of the courts of Ireland.