Part 8

Eirpac Service

36.  Eirpac:

36.1 Scope:

The articles in this Part of this scheme apply to Eirpac service only but are in addition to the articles contained in Part 3 of Section 4 of this scheme.

36.2 Nomination of point of contact:

36.2.1 An Eirpac customer shall nominate an individual to provide a point of contact with the company.

36.2.2 An Eirpac customer shall be responsible for obtaining at the Eirpac customer’s own expense all necessary consents from the owners or operators of computers, terminals or databases with which the Eirpac customer wishes to communicate.  Provision of service to an Eirpac customer does not give the Eirpac customer or any other person access by right to any computer, terminal or database to which access is available.

36.3 Allocation and invalidation of network user identity:

36.3.1 The company may at its discretion and where appropriate allocate to an Eirpac customer such code, called "network user identity", as the company may think fit.

36.3.2 The company may at the request of an Eirpac customer or a person appearing to the company to be acting on behalf of the Eirpac customer, allocate to the Eirpac customer for such minimum period as the company may determine, either generally or in relation to a particular case, one or more additional network user identities, or, on notice to the Eirpac customer, withdraw from the Eirpac customer any additional network user identity so allocated.  Any such request, if not made in writing, shall be confirmed in writing by the Eirpac customer or the person making the request, such confirmation to be received by the company before the day upon which such allocation is requested to take effect. There shall be charged to and paid by the Eirpac customer in respect of compliance by the company with each such request the charge specified in Part 17 of Section 1 of this scheme.

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36.3.3 The company may at its discretion from time to time, at the request of an Eirpac customer or a person appearing to the company to be acting on behalf of the Eirpac customer, temporarily invalidate any network user identity allocated to an Eirpac customer.  Any such request, if not made in writing, shall be confirmed in writing by the Eirpac customer or the person making the request, such confirmation to be received by the company within seven days of the making of such request.  Any fee or charge for any network user identity shall continue to be payable in respect of any period of invalidation.

36.4 Allocation and alteration of network user address:

The company may at its discretion allocate to an Eirpac customer from time to time such code, called network user address, as the company may think fit.  The company may at its discretion and on notice to the Eirpac customer alter an Eirpac customer’s network user address at any time.

36.5 Payment for Eirpac:

36.5.1 The charges fixed for Eirpac service are in addition to any charges in respect of telephone or other services or any telecommunications lines and fixtures and accessories rented by the customer from the company for use directly or indirectly in connection with Eirpac service.

36.5.2 An Eirpac customer shall pay to the company in respect of any Eirpac call or attempted Eirpac call originating from or on equipment or apparatus under the Eirpac customer’s control Eirpac call charges calculated with reference to the total charges applicable to:

(a) the volume of data passed through and measured in units, each capable of containing sixty four characters of data including non-alphanumeric characters and spaces, and known as segments, determined and recorded by the packet switching exchange and not by reference to the volume of data originated and received by the customer’s equipment and apparatus; and

(b) the duration, where applicable, of the Eirpac call determined and recorded by the packet switching exchange.

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36.5.3 The charges applicable to the volume and duration and where appropriate dial up access referred to at (a) and (b) respectively of article 36.5.2 are set forth in the Part 17  of Section 1 of this scheme.  Such charges shall be calculated at the appropriate rate by reference to the charging bands set out in the said Schedule to this scheme.

36.5.4 Every Eirpac call made by dial up access to the public switched telephone exchange system, shall in addition to the charges referred to at (a) and (b) of article 36.5.2 be considered to be a local call and the appropriate local call charge specified in Part 2 of Section 1 will be applied thereto.

36.5.5 An Eirpac customer shall pay in advance to the company in respect of any fee or charge for Eirpac service the appropriate sums set forth in Part 17 of Section 1 of this scheme.

36.5.6 An Eirpac customer shall pay to the company in respect of connection charges the sums set forth in Part 17 of Section 1 of this scheme.

36.5.7 An Eirpac customer shall pay to the company in respect of the facilities listed in Part 17 of Section 1 of this scheme the sums set forth in the said Part.

36.6 Pactex:

36.6.1 At the request of an Eirpac customer, the company may provide Pactex to the Eirpac customer.  There shall be charged to and paid by the Eirpac customer in respect of Pactex the appropriate charges specified in Part 17 of Section 1 of this scheme.

36.6.2 At the request of an Eirpac customer, the company may provide an electronic mailbox, in this scheme referred to as "Pactex mailbox", to enable the Eirpac customer to receive telex messages making use of Pactex.  There shall be charged to and paid by the Eirpac customer in respect of a Pactex mailbox the charges specified in Part 17 of Section 1 of this scheme.

36.7  Use of Eirpac service:

36.7.1 Except with the written consent of the company, which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time by notice in writing to the Eirpac customers, Eirpac service shall not be used by or on behalf of any person other than the Eirpac customer for whom such service is provided.  An Eirpac customer shall observe any requirements or restrictions of which the company may from time to time notify the Eirpac customer as to the use of the service by or on behalf of another person.

36.7.2 Except with the written consent of the company, which may be unconditional or subject to conditions, which conditions may be amended, varied or revoked from time to time by notice in writing to the Eirpac customers, an Eirpac customer shall not receive or permit any other person to receive any consideration, which shall be deemed to include not only money or money’s worth, but also the giving or withholding of business or any other advantage or benefit of any kind or description, either directly or indirectly in return for or on account of the use by or on behalf of any person other than the Eirpac customer of Eirpac service provided on the application of the Eirpac customer. 

36.8 Liability for breach:

An Eirpac customer who fails to comply with the provisions of articles 36.5, 36.6 or 36.7 of this scheme shall continue to be liable for any sum of money, fee, charge, expense or damages payable or to become payable in respect of the Eirpac service.

36.9. Data Virtual Private Network:

The company may provide a facility, in this scheme referred to as "Data Virtual Private Network" facility, to Eirpac customers generally or to such groups of Eirpac customers as it shall determine, whereby an Eirpac customer may make Eirpac calls to pre-determined Eirpac numbers within the State ("on-net Eirpac calls").  There shall charged to and paid by the Eirpac customer in respect of the Data Virtual Private Network facility the charges specified in Part 17 of Section 1 of this scheme.

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