- The following terms and conditions of the Business Saver price plans are in addition to and form part of the terms and conditions relating to the Three terms of service titled “The Small Print”
- These Plans are only available to new business customers with a minimum of 2 subscribers and is not available if you are dealing as a consumer.
- Your selected Plan includes a per billing cycle Allowance (of minutes/text messages and data to varying amounts). If you exceed any part of your Allowance or you use a service which is not included in your Allowance, you agree to pay additional amounts on top of your monthly recurring charge. These out of Allowance charges are set out at www.three.ie/terms-conditions/business.
- A 24 month minimum term applies to Three Business Saver plans, with the exception of Business Saver 3 SIM Only which has a 30 day minimum term. Business Saver customers on Business Saver 1, Business Saver 2 or Business Saver 4 wishing to cancel their subscription to their Business Saver Plan during the agreed minimum term will be charged a cancellation fee.
- Customers wishing to cancel their subscription to their Business Saver Plan during the minimum term will be charged a cancellation charge. This fee will be calculated by multiplying the number of remaining months in the agreed minimum term by the monthly recurring charge. See the table at number 7 below for details.
- Business Saver plans come with the All you Can Eat Data service. The All you Can Eat Data service can be used in the Republic of Ireland only. For full terms of the All you Can Eat Data service please see //www.three.ie/terms-conditions/services/new/all-you-can-eat-data-terms-conditions
- The following Allowances and charges apply to each Business Saver plan
|Business Saver 1||Business Saver 2||Business Saver 3 (SIM Only)||Business Saver 4|
|Minimum term in months||24||24||30day||24|
|Voice (ROI & EU)||Unlimited||Unlimited||Unlimited||0|
|SMS (ROI & EU)||Unlimited||Unlimited||Unlimited||0|
|Data roaming EU||14GB||14GB||14GB||14GB|
|Three to Three minutes ROI to ROI||3000 minutes||3000 minutes||3000 minutes||3000 minutes|
+ All you Can Eat Data Service in ROI
- Voice minutes allowance applies to:
- Voice calls made to landlines and mobiles within the Republic of Ireland
- Calls made while roaming in EU to other EU numbers and back to Republic of Ireland
Your voice minutes allowance doesn’t include:
- Calls to voicemail
- Roaming calls (other than the mentioned above)
- International calls
- Calls to premium rate numbers, directory enquiries and all other call types including non-geographic numbers (1800, 1850, 1890, 0818, …)
- Any other call types
These calls are charged at rates as set out on our website //www.three.ie/terms-conditions/business/
Text allowance applies to:
- Texts sent to Irish mobile numbers and Irish landline numbers while in the Republic of Ireland.
- Texts sent while roaming in EU to other EU numbers and back to Republic of Ireland
Text allowance doesn’t apply to:
- Texts to premium rate numbers, directory enquiries numbers
- MMS (Multimedia messages)
- International texts
- Texts sent while roaming outside of the EU
- Any other texts
These texts are charged at rates as set out on our website www.three.ie/terms-conditions/business/
- The EU fair use policy is applied in respect of the All you Can Eat Data service and your EU Roaming Allowance is calculated in accordance with the EU fair use policy at //www.three.ie/terms-conditions/business/
For the surcharge which applies if you exceed your roaming fair usage limit, please see the Price Guide at //www.three.ie/terms-conditions/business/
For full terms of the All you Can Eat Data service please see //www.three.ie/terms-conditions/services/new/all-you-can-eat-data-terms-conditions/,
You should always check your allowances via the IVR on 1913 before roaming in the EU. You will be alerted to your usage of the allowances and advised when out of bundle rates will apply.
- The authorised account contact who has the authority to act for the business customer acknowledges that the customer is liable to pay all charges incurred on their account including but not limited to out of bundle charges and where an account subscriber requests an Add-on.
- Where you have used up any roaming allowance data usage will be charged on a per MB basis at standard out of bundle data rates as set out on our website www.three.ie/business
- You acknowledge that data speeds vary and depend on factors such as device capabilities, location, coverage and network congestion.
- If you do not use up your Allowance in a billing cycle, you lose the unused portion of your Allowance and it does not roll over to the next billing cycle and no refund or credit is applied for any unused portion of the Allowance.
- You can only move to another Price Plan within your Minimum Term on such terms as agreed by Three.
- Call and text usage will be applied in the following manner:
- Three to Three minutes (where applicable with your price Plan)
- Purchased Add-ons.
- Price plan Allowance.
- Out of bundle rates
- Where your Price Plan has an unlimited element this is for ROI to ROI use only, unless otherwise stated and it is subject to a fair usage allowance of 3,000 minutes and/or texts per month.
- Where your Plan includes All you can eat Data and your data usage exceeds 60GB in a billing cycle and your usage affect other network users, we reserve the right to limit your service. Three continuously monitors network performance to ensure that the service received by customers is not impacted through a minority of users placing high demand on network resources (e.g. large bandwidths over long periods).
- Three Services are available for use with your Three SIM Card in an approved handset only. Tethering or use of the Three handset as, or the SIM in conjunction with, a modem is not allowed and may result in your access to Three Services being disabled.
- It is your responsibility to ensure that your SIM is compatible with the handset intended for use. Certain SIM cards may not support 4G. If your handset is not a 4G compatible handset, it will not support 4G access. For further details log onto www.three.ie/business/4G.
- You agree not to connect or maintain the connection of any GSM Gateways to the Three Network or otherwise provide telecommunications services to a third party or allow any subscriber to do same.
- The Three Price Plan cannot be used in conjunction with any device connected to a PBX, such as a mobile line device, mobile gateways and SIM Boxes and Three reserves the right to terminate the Service without notice where it appears to Three that any customer uses, or has used, the Service in this or in any related mobile. The Three Text feature cannot be used in conjunction with any device connected to a PC for the purposes of sending or receiving large volumes of text messages, or through desktop text applications and Three reserves the right to terminate the Service without notice where it appears to Three that any customer uses, or has used, the Service in this or in any related manner
- The EU Fair Policy below forms part of these terms and conditions.
EU Fair Use Policy
The ‘EU Roaming Regulation’ (Regulation (EU) 2015/2120) permits operators to apply a fair use policy in accordance with the European Commission’s Fair Use Regulation (Commission Implementing Regulation of 15.12.2016).
The following definitions shall apply for the purposes of this fair use policy:
- The following terms have the same definition as provided for in Regulation (EU) No. 531/2012, as amended: (i) regulated roaming call; (ii) regulated roaming SMS message; (iii) regulated data roaming service; and (iv) domestic retail price.
- ‘Open data bundle’ has the same definition as provided for in Article 2 of the European Commission’s Fair Use Regulation.
- ‘Regulated retail roaming service’ means a regulated roaming call, regulated roaming SMS message or regulated data roaming service.
These terms and conditions may be amended from time to time in line with the EU Roaming Regulation.
- Normal residence or stable links
- 1.1 Three may reasonably request customers to provide proof of normal residence in the Republic of Ireland or proof of stable links entailing a frequent and substantial presence in the Republic of Ireland.
- 1.2 In the case of pre-paid tariff plans (as defined in the European Commission’s Fair Use Regulation (Commission Implementing Regulation of 15.12.2016), as an alternative to section 1.1 above, Three may limit the consumption of data roaming retail services within the EU at the domestic retail price to the volumes equivalent to at least the volume obtained by dividing the overall amount, excluding VAT, of the remaining credit available and already paid by a customer to Three, at the moment of commencing roaming, by the prevailing regulated wholesale roaming charge referred to in Article 12 of Regulation (EU) No. 531/2012.
- Monitoring fair usage
- 2.1 Three may monitor a customer’s usage of Three’s voice, SMS and data services over a cumulative four month period to establish whether consumption of Three’s voice, SMS or data services in the Republic of Ireland constitutes more than 50% of the customer’s consumption of Three’s voice, SMS or data services over that cumulative four month period..
- 2.2 Three may monitor a customer’s presence while consuming Three’s voice, SMS or data services over a cumulative four month period to establish whether the customer was present in the Republic of Ireland for more than 50% of the time (measured in days) that the customer is consuming Three’s voice, SMS or data services over that cumulative four month period.
- 2.3 Three may decide not to provide regulated retail roaming services at the domestic retail price to a customer where that customer’s consumption of Three’s voice, SMS or data services in the Republic of Ireland constitutes 50% or less of the customer’s aggregate consumption of Three’s voice, SMS or data services over a cumulative four month period and if that customer’s presence in Ireland over the cumulative four month period constitutes 50% or less of the time (measured in days) that the customer consumes Three’s voice, SMS or data services over that cumulative four month period.
- 2.4 Three may decide not to provide regulated retail roaming services at the domestic retail price to customers using a specific SIM card where that SIM card has not been used or has virtually not been used over a four month period for making or receiving a call, sending an SMS or for data services in the Republic of Ireland in accordance with paragraph 37 of guidelines issued by BEREC (the Body of European Regulators for Electronic Communications) on 27 March 2017 (BEREC Guidelines on Regulation (EU) No 531/2012, as amended by Regulation (EU) 2015/2120 and Commission Implementing Regulation (EU) 2016/2286 (Retail Roaming Guidelines)) .
- 2.5 Three may decide not to provide regulated retail roaming services at the domestic retail price to a customer that has subscribed to and sequentially used multiple SIM cards while roaming in accordance with Article 4 (4) sub-paragraph 7 of the European Commission’s Fair Use Regulation.
- 2.6 Where Three detects that a customer’s use of a SIM card allows Three not to provide regulated retail roaming services at the domestic retail price in line with sections 2.3 – 2.5 above, Three shall alert the customer about the detected behaviour indicating that the customer will be charged a surcharge pursuant to Article 6e of Regulation (EU) No 531/2012 for use of Three’s regulated retail roaming services after the date of such alert unless the customer demonstrates actual consumption of Three’s voice, data or text services in Ireland or actual domestic presence within two weeks of the alert.
- 2.7 For the purposes of sections 2.2 and 2.3 above, any day when a roaming customer has logged onto the Three network shall be counted as a day of domestic presence of that customer.
- Organised resale
Three may immediately take any necessary measures at wholesale or retail level to ensure compliance with a relevant customer contract when it detects that a number of SIM cards have been the object of organised resale to persons not effectively residing or having stable links in the Republic of Ireland for purposes other than periodic travel.
- EU Roaming Data Allowance and Surcharge - Open Data Bundles
- 4.1 Where applicable, your EU roaming data allowance is calculated in accordance with Regulation (EU) No 531/2012, as amended and prevailing data wholesale roaming caps from 15 June 2017. Article 4 (2) of the European Commission Fair Use Regulation provides: “Without prejudice to any applicable domestic volume limit, in the case of an open data bundle, a roaming customer is able to consume when periodically travelling in the EU a volume of data roaming retail services at the domestic retail price equivalent to at least twice the volume obtained by dividing the overall domestic retail price of that open data bundle, excluding VAT, corresponding to the entire billing period by the regulated maximum wholesale roaming charge referred to in Article 12 of Regulation (EU) No 531/2012. In the event of bundled sale of mobile retail services with other services or terminals, the overall domestic retail price of the data bundle is determined by taking into account the price applied to the separate sale of the mobile retail services component of the bundle, excluding VAT, if available, or the price for the sale of such services with the same characteristics on a stand-alone basis”. In accordance with paragraph 48 of guidelines issued by BEREC on 27 March 2017, your EU roaming data allowance may be calculated by reference to a SIM only offer equivalent to your handset plan.
By way of example:
The EU roaming data allowance for Three’s 3 Classic Flex Max plan as at 1 January 2018 has been calculated by reference to Three’s 3 Classic Flex Max SIM only plan. The overall domestic retail price of 3 Classic Flex Max SIM only, excluding VAT, is €22.76. This is divided by the prevailing data wholesale cap (€6.00 per GB from 1 January 2018) and multiplied by 2. This produces an EU roaming data allowance of 7.6 GB.
For details of your EU roaming data allowance, please see //www.three.ie/price-guide/
- 4.2 When you exceed the EU roaming data allowance that applies to your plan, a surcharge will apply. For details of the surcharge, please see //www.three.ie/price-guide/
- 4.3 Three will send a notification to you when your volume limit of data roaming service is fully consumed. This notification will indicate the surcharge that will be applied to any additional consumption of data roaming services by you. You have the right to require Three to stop sending such notifications and the right, at any time and free of charge, to require Three to provide the service again.
- Advice of Charge
The Advice of Charge message that you receive when roaming in the EU will include information on this fair use policy and the surcharges which apply in excess of your volume limit.
If you have a complaint in respect of this policy, please contact us on 1913. All complaints will be dealt with in line with our Code of Practice: //www.three.ie/legal/policies/code-of-practice/.