This page sets out the following:

A. Viatel’s Legal Notice
B. Acceptable Use Policy
C. Privacy Statement
D. Viatel Group Companies
E. Viatel Terms & Conditions of Sale

The website and other websites owned or operated by Viatel from time to time (“Website”) and the services offered on and through the Website and Viatel systems are offered to you by the Viatel Group companies listed in Section D below (“Viatel”).

Please read this Legal Notice carefully before using Viatel systems or services or the Website or contracting with Viatel through the Website or otherwise. You may not use the Website or their contents or Viatel systems and services for any purpose that is unlawful or otherwise prohibited by this Legal Notice.

1. Acceptance of Legal Notice

1.1 By accessing any part of the Website or using Viatel systems and services, you shall be deemed to have accepted this Legal Notice. If you do not accept this Legal Notice, you must leave the relevant Website immediately and not use any Viatel systems and services.

1.2 Viatel reserves the right to change or update this Legal Notice. Any revisions to this Legal Notice will be published on the Website and any significant changes that affect your rights will be notified to you by email where you have provided your email address to Viatel pursuant to a contract with us.

1.3 Additional terms and conditions apply where you enter into any contract with Viatel for Viatel goods and services via the Websites or otherwise and this Legal Notice will form a part of such contract that you have with Viatel.

1.4 This Legal Notice also incorporates Viatel’s Acceptable Use Policy. Click here to view the Acceptable Use Policy. We advise that you read this document carefully before using the Websites, Viatel systems and services.

2. Copyright and Other Intellectual Property Rights

2.1 Your use of the Website, Viatel systems and services grants no rights to you in relation to copyright, trademarks or other of Viatel’s intellectual property rights or the intellectual property rights of third parties including Viatel’s licensors.

2.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Website, Viatel systems and services except for your own personal, non-commercial use or where Viatel expressly gives you a right to do so on a case-by-case basis. Subject to the above, you may download insubstantial excerpts of such content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

3. Information on the Website

Viatel is constantly seeking to improve the website, Viatel systems and services and their content and Viatel may therefore change any aspect of the Website, Viatel systems and service content, including the availability of any suppliers, features, information, database or content at any time.

4. Limitation of Liability

4.1 Nothing in this Legal Notice shall restrict your statutory rights (including your rights to receive a reasonable standard of service).

4.2 Subject to Clause 4.1 above, all content and services on the Website, Viatel systems or services are provided on an ‘as is’ and ‘as available’ basis. Viatel does not make any promise in respect of the Website, Viatel systems or services or their content, including, without limitation, any advice or other information given and statements made by advertisers on the Website or through Viatel services. Please note that any opinions, views or advice expressed by contributors or visitors to the Website or Viatel services do not necessarily represent Viatel’s own.

4.3 Viatel will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Viatel’s attention. Viatel cannot, subject to Clause 4.1 above, promise that the Website, Viatel systems or services will always be available uninterrupted and in a fully operating condition nor that the information on and provided via the Website, Viatel systems or services will be free from errors or omissions. Further, given that you will be accessing third party owned and controlled content via the Website and in using the Viatel systems and services, Viatel does not make any promises as to such content and notes that any access by you of such content shall be made with your own judgment and at your risk.

4.4 Access to the Website, Viatel systems or services and any content provided via these may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Viatel’s control or pursuant to an investigation pursuant to the Acceptable Use Policy.

4.5 Viatel does not give any promise as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through the Website or Viatel services.

4.6 From time to time, the Website include hyperlinks to websites operated by third parties (including in relation to the sale of goods and services offered via the Website or otherwise from Viatel). Such hyperlinks are provided for your reference and convenience only. Viatel does not control such websites and is not responsible for their contents. Viatel’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In particular, you acknowledge that will not be party to any transaction or contract with a third party that you may enter into in the course of using the Viatel systems and services or via such hyperlinks and that Viatel shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise.

4.7 Viatel will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with a breach of this Legal Notice as otherwise caused in using the Viatel systems, services or Website by you or another user of the Website that is not directly attributable to Viatel’s breach or negligence. Where Viatel is liable for direct loss this will be limited to a maximum of the total price of the products or services acquired or provided directly by Viatel to you via the Website or Viatel services in respect of which a claim is made or the sum of €1,000 whichever is the lesser.

4.8 Nothing in this Legal Notice shall exclude or limit Viatel’s liability for fraudulent misrepresentation or death or personal injury caused by Viatel’s negligence.

5. Competitions, Offers and Prize Draws

Each competition, offer or other promotional features available through the Websites may have specific terms and conditions. You will need to read and accept these before making a submission.

6. General

6.1 Viatel shall not be liable for any failure for any suspension, or termination of access to the Website or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Viatel or Viatel’s suppliers, partners or agents.

6.2 If any of the terms of this Legal Notice are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

6.3 This Legal Notice shall be governed by and interpreted in accordance with the laws of Ireland. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

6.4 For a list of the Viatel Group Companies’ VAT numbers, registered office and company number where relevant, see Legal Notices, section D.

7. Contact Details

If you have any questions or complaints regarding this Legal Notice, the Website or any Viatel Group company, then you can contact us as follows:

Customer Services Viatel Ireland Limited, Unit 1 College Business & Technology Park, Blanchardstown, Dublin 15, Ireland. Tel No: +353 (0) 1 256 9200. Email: support@viatel.com

B. Acceptable Use Policy

1. Acceptance of Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) applies to all persons and entities (collectively, “Customers”) using the products and services of Viatel including Internet services. This Policy is designed to protect the security, integrity, reliability and privacy of both the Viatel network and the product and services Viatel offers to its Customers (the “Services”). Viatel reserves the right to modify this Policy from time to time, effective immediately upon posting of the modification. Your use of Viatels Services constitutes your acceptance of the Policy in effect at the time of your use. If you do not accept the terms of this Policy, you must leave the relevant website immediately and not use any Viatel systems and Services.

Viatel supports the free flow of information and ideas over the Internet and does not actively monitor use of the websites and Viatel systems under normal circumstances. However, Viatel seeks to balance this aim with Viatel’s obligations to other users, third parties and at law. Viatel does therefore conduct random checks or investigations from time to time to ascertain compliance with this Policy and to comply with or investigate any enforcement agency or police request or other complaints.

You are solely responsible for any and all acts and omissions that occur during or related to your use of the service, and you agree not to engage in any unacceptable use of the service. Additional terms and conditions apply when you enter into any contract with Viatel for Viatel services and these terms of use and this Policy is incorporated into such agreements by reference.

2. Prohibited Uses

Unacceptable use includes, but is not limited, to any of the following:

  1. Illegal Activity – Viatel’s services shall at all times be used in compliance with all applicable laws. Accordingly, Viatel strictly prohibits the use of services for the transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation. This prohibitions includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat or is obscene, defamatory or otherwise unlawful.
  2. Installation or distribution of “pirated” or other software products that are appropriately licensed for use by the customer.
  3. Deceptive marketing practices.
  4. Actions that restrict or inhibit anyone – whether a customer of Viatel or otherwise – in his or her use or enjoyment of Viatel’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
  5. Introduction of malicious programmes into the Viatel network or servers or other products and services of Viatel (i.e. viruses, trojan horses or other harmful programmes).
  6. Causing or attempting to cause security breaches or disruptions of Internet communications.
  7. Executing any form of network monitoring that will intercept data not intended for the customer.
  8. Circumventing user authentication or security of any host, network or account.
  9. Interfering with or denying service to any user other than the customer’s host (e.g. denial of service attack).
  10. Use of the websites, Viatel systems or services to conduct any fraudulent activity including, without limitation, any “pyramid scheme”, “ponzi scheme” or “chain letter.
  11. Harassment, whether through language, frequency or size of messages.
  12. Unauthorised use or forging of mail header information.
  13. Use of unsolicited E-mail originating from within the Viatel network or networks of other Internet Services Providers on behalf of or to advertise any service hosted by Viatel or connected via the Viatel network.
  14. Any other inappropriate activity or abuse of the services (as determined by Viatel in its sole discretion.
    No failure or delay in exercising or enforcing this Policy shall constitute a waiver of the Policy or of any other right or remedy. If any provision of this Policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Policy shall remain in effect.

3. Content

It is a well-known fact that the Internet contains material that is inappropriate for minors and may cause offence to others. We do not censor or restrict access to any material or information on the Internet unless required to do so by a competent authority. It is your responsibility to determine restrictions on access. We will however refer any complaints to the Hotline (www.hotline.ie ) run under the auspices of the Irish Internet Advisory Board for further investigation. Use of the Services by minors should be supervised and you should always bear in mind the inherent nature of the Internet.

4. Enforcement

4.1. Viatel may take any or all of the following action at its discretion. Viatel will determine what action is appropriate to be taken against a user on a case by case basis.

(i) remove any material that, in Viatel sole discretion may be inappropriate or that Viatel may suspect to be illegal, may subject Viatel to liability, damage Viatel reputation or which may violate this Acceptable Use Policy or where Viatel is required to do so by law;
(ii) Issue you with verbal or written warnings and take such further action as Viatel deems appropriate if such warnings are not heeded;
(iii) Suspend or terminate your access to any or all of the websites or Viatel systems and services without notice at any time;
(iv) Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
(v) Bring legal action against your or any other user in relation to any breach by you or such other user of this Policy or any illegal or suspected illegal activity.

4.2 You acknowledge that the services are provided to other users and we owe a duty to them as a whole to preserve our network integrity and to avoid network degradation. If, in our reasonable opinion, we consider it necessary to maintain our network integrity or prevent network degradation we may change your services, (including without limitation, your transmission speed) or manage your use of, or access to our broadband service as we see fit in the circumstances. These reasons include, but are not limited to, any circumstances where you are running an application or program that places excessive demands on service for continued periods.

For the reasons set out above and in accordance with the terms of this Policy, we may, at any time and at our sole discretion, impose a fixed limit or a cap to the amount of data that you may download and/or upload if your usage is affecting, or may affect, other users’ enjoyment of the services. We will always endeavor to act reasonably when exercising our discretion in this regard.

4.3 In addition to the provisions of clause 4.2, you accept that we may apply limits to your use of any service, which we provide. We may do this on various grounds including, without limitation, any use of the services by you, which is inappropriate or unfair or affects (or may affect) other users’ enjoyment of the service or is significantly different from the usage that we would expect from a typical consumer/business user as applicable.

4.4 Your breach of this Policy may also give rise to termination of or further action under any other contract that you may have with Viatel that incorporates this Policy.

4.5 You acknowledge that Viatel may be required by law or regulation to access, monitor, store or copy material sent by you or to you or other users without further notice.

4.6 In addition to the obligations set out in clause 2 you agree that in using the websites, Viatel services and systems, you will at all times comply with all relevant laws and regulations.

4.7 You agree to compensate us for any loss or damage that may be caused to Viatel (including reasonable legal costs) as a consequence of your breach of this Policy

5. Complaints and Contact Information

Any complaints, questions or comments regarding this Policy, prohibited use or other abuse of the Viatel Network, should be sent to customerservices@viatel.com, or write to Viatel at;
Customer Services,
Viatel Ireland Limited,
Unit 1 College Business & Technology Park,
Blanchardstown,
Dublin 15.

C. Privacy Statement

Viatel is committed to protecting your privacy when you visit our websites and/or provide us with information in submitting an enquiry. Viatel seeks to ensure the highest standards of compliance with all relevant Data Protection Laws and Regulations.

This Privacy Statement explains how we use any personal information we may collect when you visit a website or submit an enquiry.

1. What information will we collect?

When you visit our site, fill in an order form to purchase goods and services, enter a competition or other promotion, disclose your data through the website, contact our call centers and make an enquiry we may collect personal information, including without limitation, your name, address, telephone, email, bank and credit or debit card information and other contact details, details of how you use the service and any other information relating to you which you may provide.

In certain circumstances Viatel may collect your data from third parties who have provided it to us. Viatel always requires that such third parties comply with relevant data protection legislation in making such disclosure to Viatel.

Please also note that calls to or from our call centers are recorded and may be monitored for quality control and training purposes

2. Cookies

Cookies are small amounts of data generated by a website and saved by your web browser. Viatel uses cookies to allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the website and services. Most web browsers automatically accept cookies, though you do not have to accept. Viatel does not control the use of cookies by third parties. If you wish to disable cookies then you can do so by readjusting your browser settings although please note that by disabling cookies you may not be able to register with or use all features of the website.

For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at http://www.allaboutcookies.org.

3. How do we use this information?

Your personal information may be processed by Viatel, for purposes including, without limitation:

(i) administering our relationship with you;
(ii) providing any goods, services or information you have requested;
(iii) providing you with information about our products and services; and
(iv) for monitoring usage of the site.

Viatel will sometimes need to engage others to provide our services to you and/or fulfil other obligations. Your information will not be disclosed to any third parties except where we have your approval or where this is necessary and in accordance with applicable law. In providing services to you, we may need to transfer your personal data to Viatel affiliates or partners outside the European Economic Area (EEA). This does not affect your rights and we will take all reasonable steps necessary to ensure that any personal information that is transferred outside the EEA will be treated securely, in accordance with this Privacy Statement and with the same level of protection required by data protection law. By submitting your personal information to us, you agree that you do not object to any such transfer, processing or storage. The transmission of data via the internet is not completely secure and is at your own risk. Although we will do our best to protect your personal data, e.g. through encryption, password protection or limiting access to your information, we cannot guarantee the security of information submitted via our websites. We have policies and technical measures in place to safeguard and protect your personal information against unauthorised access, accidental loss, improper use and disclosure. We will also take all reasonable precautions to ensure that our staff and employees who have access to information about you have received adequate training.

4. Marketing

We may use the information you submit for marketing purposes. If you no longer wish to receive marketing information, please contact us either by e-mail or at the address listed below. If you no longer wish to receive certain specific material, you may unsubscribe by replying with an email stating this.

5. Your rights

You have a right to request a written copy of the personal information we hold about you and to have any inaccurate information about you corrected. You also have the right to request we stop using your details for marketing activities and other promotional activities. If you would like a copy of your personal information, or wish to update your data, please contact us in writing at Customer Care, Viatel Ireland Limited, Unit 1 College Business & Technology Park, Blanchardstown, Dublin 15 or info@viatel.com. Evidence of identity and a small fee may be payable.

6. Other links

Please be aware that our websites may link to other websites that may be accessed by you through the website. Viatel is not responsible for the data policies, content or security of these linked websites.

7. Notification of changes

If we change this Privacy Statement we will post the amended Policy on our website so that you are always aware of how we collect, use and disclose your personal information.

Contact information Requests for further information about our Privacy Statement can be sent by email to 
info@viatel.com or by writing to:

Customer Care
Viatel Ireland Limited
Unit 1 College Business & Technology Park
Blanchardstown
Dublin 15

D. Viatel Group Companies

Ireland

Viatel Ireland Limited
Registered in Ireland with Registered office: Unit 1 College Business & Technology, Blanchardstown, Dublin 15
Directors: Colm Piercy, Michael Doyle
Company Registration Number: 327562 VAT: IE6347562i

DHL Investments Limited
Registered in Ireland with Registered office: Unit 1 College Business & Technology, Blanchardstown, Dublin 15
Directors: Colm Piercy, Michael Doyle
Company Registration Number: 541592 VAT: IE 3253548SH

Digihost Limited
Registered in Ireland with Registered office: Unit 1 College Business & Technology, Blanchardstown, Dublin 15
Directors: Colm Piercy, Michael Doyle
Company Registration Number: 543131 VAT: IE3258968TH

Digiweb Limited
Registered in Ireland with Registered office: IDA Industrial Park, Dundalk, Co, Louth
Directors: Colm Piercy, Michael Doyle
Company Registration Number: 263513 VAT: IE8263513T

Viatel Global Services Ireland Limited
Registered in Ireland with Registered office: Unit 1 College Business & Technology, Blanchardstown, Dublin 15
Directors: Colm Piercy, Michael Doyle
Company Registration Number: 573600 VAT: 3401813IH

United Kingdom

Viatel Global Services (UK) Limited
Registered in England & Wales with Registered office: Golden Cross House, 8 Duncannon Street, London, WC2N 4JF, United Kingdom.
Directors: Colm Piercy, Michael Doyle
Company Registration Number: 9735402 VAT: 230663627

France

Viatel Global Services France SAS
Registered in France with Registered office: 105 Rue Anatole France, 92300 Levallois-Perret, France.
Directors: Viatel Global Services Holdings Limited represented by Michael Doyle and Colm Piercy.
Company Registration Number: 814454872 VAT: FR06814454872

The Netherlands

Viatel Global Services Nederland BV
Registered in the Netherlands with Registered office: Herengracht 282, Amsterdam, 1016 BX, The Netherlands.
Directors: Colm Piercy, Michael Doyle.
Company Registration Number: 64456005 VAT: 855673837B01

Germany

Viatel Global Services Deutschland GmbH
Registered in Germany with Registered office: Messeturm, 25 Stockwerk, Friedrich-Ebert-Anlage 49, 60308 Frankfurt, Germany.
Directors: Colm Piercy, Michael Doyle.
Company Registration Number: HRB 103784 VAT: DE304134124

Belgium

DT (Belgium) BVBA
Registered in Belgium with Registered office: 4th Floor South Centre Titanium, Marcel Broodthaer Square 8, 1060 Belgium.
Directors: Michael Doyle.
Company Registration Number: 0552.828.932 VAT: BE 0552828932

Viatel Global Services Belgium SPRL
Registered in Belgium with Registered office: 4th Floor South Centre Titanium, Marcel Broodthaer Square 8, 1060 Belgium.
Directors: Colm Piercy, Michael Doyle.
Company Registration Number: BE 0657.839.994 VAT: BE 0657.839.994