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Guidelines for Irish telecoms subscriber contracts

OUT-LAW News, 28/10/2003 

The Irish Commission for Communications Regulation, or ComReg, has published guidelines to help electronic service providers comply with new laws governing their subscriber contracts, to give subscribers a minimum level of legal certainty in their contracts.

The new regulations are part of a package of Europe-wide measures to update and simplify the regulatory framework for the telecoms industry, which had to be implemented in Member States' laws by 25th July this year.

Under this framework, all electronic communication service providers are required to include a minimum set of terms and conditions in their subscriber contracts. The rules affect both new and existing contracts.

ComReg has now issued guidelines to help operators and providers comply with these obligations, and to improve the quality of information being included in the contracts. The intention is that clear and unambiguous contract terms will allow subscribers to directly enforce their contractual rights with their service providers, providing a transparency safeguard.

In particular, the contracts must include details of:

  • The identity and address of the supplier;
  • The services to be provided, quality of service offered, and period within which initial connection will take place;
  • Maintenance services offered;
  • Costs and charges;
  • Period for which the contract is to run;
  • How to claim compensation or refunds; and
  • Dispute procedures.

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