Electric Ireland – Your Account Online Terms & Conditions of supply

By subscribing to the Your Account Online internet site, you (Customer) agree to these terms and conditions.

1. Interpretation
2. Access
3. Electric Ireland's obligations
4. Customer Obligations
5. Data
6. Intellectual property rights
7. Governing law
8. Validity
9. Termination
10. Variation

1. Interpretation
   1. Access means the customer's access that is provided electronically via site.
   2. The customer means the person or entity named on the registration form.
   3. Electric Ireland means ESB Independent Energy (NI) LTD of 18-21 St Stephens Green, Dublin 2, its assigns and legal successors.
   4. The site means the Your Account Online internet website provided by Electric Ireland or any substitute or replacement thereof.
   5. The user means any person authorized by the customer to use site on behalf of the customer. "User Password" means a series of letters or numbers chosen by the user in order to obtain the access.
2. Access
   1. Electric Ireland agrees to provide customers with permission to access, use and interact on site subject to these terms and conditions.
   2. The customer must complete a registration form in order to commence access. On submitting the registration form, the customer will be granted administrator permission to set up a number of users who may access the site. The number of users per customer may be set by Electric Ireland from time to time. The customer shall be solely responsible for managing its users and their access to the site.
   3. Electric Ireland reserves the right at its sole discretion to deny users access to site or any part thereof without notice and to decline access to any customer and/or user that is in breach of these Terms and Conditions.
3. Electric Ireland's obligations
   1. Electric Ireland shall:
      1. Exercise reasonable care in compiling the data on the site.
      2. Use reasonable efforts to make the site available to a customer at all times provided that Electric Ireland does not guarantee that the site shall be available at all times and shall not have any liability in the event that the site is unavailable due to maintenance, upgrading or alterations, or for any reason outside Electric Ireland’s reasonable control.
   2. To the extent that the law allows, Electric Ireland excludes all liability (whether arising in contract, tort or otherwise and whether or not due to any negligence on the part of Electric Ireland) including, without limitation, for loss or damage or any nature (whether direct, indirect or consequential) as a result of use of site, howsoever caused including, but not limited to:
      1. Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to site or any information on the site or any reliance thereon;
      2. The unavailability of the site, or any part of it.
      3. Any person acting, or refraining from acting, as a result of data or information contained in site or any site linked to site.
      4. Any virus or other malware passed on or introduced to the customer as a result of accessing site.
   3. The customer acknowledges that the very nature of communication via the internet restricts Electric Ireland from offering any guarantee to the privacy or confidentiality of information relating to the customer passing over the internet. In gaining access via the internet, the customer acknowledges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain confidential. The customer therefore accepts that access is at its own risk.
4. Customer Obligations
   1. The Customer undertakes, and warrants that:
      1. Its systems are sufficient to access the site and have adequate safeguards against the upload or download of viruses and other malware.
      2. It shall provide appropriate training to Users in relation to the access.
      3. It shall take all necessary steps to ensure that only Users have access.
      4. It shall apply security measures in line with industry best practice against unauthorized access to or alteration, disclosure or destruction of the site data and against its accidental loss or destruction, including without limitation taking all necessary steps to ensure that all users are aware of and comply with those measures;
      5. It shall use site solely for its internal business purposes and shall not exploit site or any of its contents for any commercial purpose.
   2. The customer shall indemnify and keep Electric Ireland, its officers, board members, agents, employees and sub-contractors, fully indemnified against all losses, liabilities, damages, claims, actions, causes of action, and expenses of any nature for injury or death of any person or damage to property or any claims brought against Electric Ireland arising out of the breach by customer or any user of these Terms and Conditions.
5. Data
   1. All data on the site remains the property of Electric Ireland.
   2. Links to other sites:
      1. Certain links, including hypertext links, in the site will take a customer outside the site. The customer acknowledges and agrees that links are provided for its convenience and inclusion of any link does not imply approval or endorsement by Electric Ireland of the linked site, its operator or its content. Electric Ireland accepts no responsibility for the content of any website outside the site nor any information provided on site by any third party sites.
   3. Data protection
      1. The customer agrees that Electric Ireland may collect, store and use information about it in accordance with the Electric Ireland privacy policy. The customer acknowledges and agrees to be bound by the terms of the Electric Ireland privacy policy as outlined on the site.
   4. In order that Electric Ireland provides the customer with an effective service, it is necessary for us to collect and use user's personal data. This data is used to manage the site and for operational reasons.
   5. The customer warrants that all users' personal data disclosed to Electric Ireland have been provided with the users' consent and the users' have read and accepted these Terms and Conditions concerning data protection. Electric Ireland may keep the user's data for a reasonable period after the customer ceases to be supplied with electricity but will not keep it for any longer than is necessary and/or as required by law.
   6. Electric Ireland may disclose users' data to other members of the ESB group and third parties who act on behalf of Electric Ireland in connection with the customer. Such third parties are only permitted to use these data as instructed by Electric Ireland. They are also required to keep users' data safe and secure.
6. Intellectual property rights
   1. All rights, including all intellectual property rights, in the design, text, graphics and other material on site and the selection or arrangement thereof are owned by Electric Ireland. Permission is granted hereby to electronically copy and print in hard copy parts of the site solely in connection with access. Any other use of materials on the site (including reproduction for the purposes other than those noted above and alterations, modifications, distribution or republication) without the prior written permission of the Electric Ireland is strictly prohibited.
7. Governing law
   1. These Terms and Conditions shall be governed by the laws of Ireland and each party submits to the exclusive jurisdiction of the Irish courts.
8. Validity
   1. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
9. Termination
   1. Without prejudice to any other rights or remedies to which it may be entitled, Electric Ireland shall be entitled to terminate these Terms and Conditions and all access forthwith without liability to the customer by giving notice to the customer at any time and, in particular, without limitation, if:
      1. The customer is in material breach of these Terms and Conditions.
      2. The customer ceases to be a customer of Electric Ireland
   2. Electric Ireland reserves the right to withdraw and discontinue site at any time without prior notice and without any liability.
10. Variation
    1. Electric Ireland reserves the right at any time without notice to revise the content of site (including the services offered by Electric Ireland) and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on site and by continuing to use site following any such change a Customer will signify its agreement that it agrees to be bound by the revised Terms and Conditions.