Fixed Line Network Speeds

Contractual speeds (fixed service) - Regulation (EU) 2015/2120

Each product listed above shows the maximum available download and upload speeds.  The maximum achievable speed for the product you purchase will be measured on your line after it has been connected to the Three broadband service and will depend on the distance from the nearest telephone exchange.

The normally available speeds on all services up to 18MB should be 70% of the maximum available as measured on your line and services greater than 18MB should be 90% of the maximum available as measured on your line.

You acknowledge that the following factors may affect the bit rates or speeds achieved by your fixed broadband service and that Three cannot and does not guarantee that the fixed broadband services will achieve any specific speeds:

• Contention in the network. Speeds will be slower when there are more users on the line. This is more likely to happen during peak hours e.g.6pm to 11pm.
• Distance from the nearest telephone exchange.  The closer your premises is to the exchange, the greater speed your fixed broadband service will achieve.
• The products and services used by you on the same line. Switching off / removing these products will enhance the speeds achieved by your Three broadband service.
• Internal Wiring/Cabling. Three does not support any internal wiring from the point of entry of the customer’s premises to the customers modem or other connection points within the building. Any faulty cabling can cause issues with broadband speed.
• Wifi. Third-party factors e.g. internal walls, may have an effect on the speed of the fixed broadband service.

The variability of the download and upload speeds achieved, and the technology used to access the fixed broadband services services, may affect your experience of our services and your ability to access and distribute information and content, and use and provide applications and services.

Three relies on information provided by our wholesale network provider in order to give you details on your line speed. From time to time, details provided by our wholesale providers will vary. This could be due to data updates, changes to the network or changes in the technology delivering the speed.

If there is a significant issue with your speed, we will work with you and our wholesale provider in order to resolve any issues with your service.

If you believe the maximum achievable, minimum, or normally available speeds (the “Contractual Speeds”) have not been made available to you for five consecutive days as verified by a monitoring mechanism certified by the Commission for Communications Regulation (ComReg) (a “continuous or regularly recurring discrepancy”) you must contact our dedicated Customer Care team within 30 days of the issue arising in order to enable Three to investigate and remedy. You can reach our Customer Care team on 1800 800 002.

Your query will be dealt with according to our Code of Practice available here You agree to provide reasonable information to enable Three to investigate your query.

In the event of a continuous or regularly recurring discrepancy between the actual performance of the internet access service, regarding speed or other quality of service parameters, and the performance as indicated in these terms and conditions  that is not remediable by Three, you may be entitled to issue legal proceedings for (a) damages; (b) restitution; or (c) rescission of your contract. These remedies are subject to the provisions of your contract with Three and are without prejudice to any other rights you may have under law, including, without limitation, your rights under consumer protection legislation such as the Sale of Goods and Supply of Services Act 1980, or your rights at common law. If the value of any claim you might have does not exceed €2,000, you may be entitled to have your claim determined by the Small Claims court, which has jurisdiction to determine certain consumer law matters up to a maximum value of €2,000. If the value of any claim you may have is in excess of €2,000, you may be required to bring such a claim in the District Court, which has jurisdiction to determine contractual disputes up to a maximum value of €15,000. In the event that legal proceedings were issued and determined against you, you could be liable for the costs of those proceedings.

Our liability to you will be excluded if the continuous or regularly recurring discrepancy is caused or contributed to by the following circumstances:

• Where a fault is caused by third party activities such as cable damage, or gunshot.
• Where a fault is caused by severe weather conditions such as storms, flooding, fire or lightning.
• Where a fault occurrence is due to changes in customer provided apparatus.
• Where the fault is related to customer premises equipment dialling 13xxx codes.
• Where the fault is not in the wholesale provider’s network.
• Where a fault is reported and no fault is detected when the service is tested from end to end.
• A failure by the customer to allow access to premises or equipment when requested.
• The customer failing to operate the service in accordance with wholesale provider terms and conditions for the provision of the service.
• A failure of the customer to report the fault in accordance with the fault reporting procedures.

In any event, Three’s liability, if any, will never exceed the value of any payments made by you under, or in connection with, your contract with Three.

Your rights and the terms and conditions regarding the Contractual Speeds as set out above should be read and construed together with the existing terms and conditions applying to you (your “Agreement”) and form part of such agreement with Three.  Your and Three’s other rights and obligations under the Agreement are otherwise unaffected.