S.L. 399.48 Art. 87Information requirements for contracts. S.L. 378.17.

(1) Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services, shall provide the information referred to in regulations 4 and 5 of the Consumer Rights Regulations and, in addition, the information listed in the Eighth Schedule, to the extent that such information relates to a service they provide.

(2) The information referred to in sub-regulation (1) shall be provided in a clear and comprehensible manner on a durable medium or, where provision on a durable medium is not feasible, in an easily downloadable document made available by the provider. The provider shall expressly draw the attention of the consumer to the availability of that document and the importance of downloading it for the purposes of documentation, future reference and unchanged reproduction:

Provided that the information shall, upon request, be provided in an accessible format for end-users with disabilities in accordance with European Union law harmonising accessibility requirements for products and services.

(3) Providers of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services, shall provide consumers with a concise and easily readable contract summary, which summary shall identify the main elements of the information requirements in accordance with sub-regulation (1). Those main elements shall include at least:

(a) the name, address and contact information of the provider and, if different, the contact information for any complaint;

(b) the main characteristics of each service provided;

(c) the respective prices for activating the electronic communications service and for any recurring or consumption-related charges, where the service is provided for direct monetary payment;

(d) the duration of the contract and the conditions for its renewal and termination;

(e) the extent to which the products and services are designed for end-users with disabilities; and

(f) with respect to internet access services, a summary of the information required pursuant to points (d) and

(e) of Article 4(1) of Regulation (EU) 2015/2120.

(4) Providers subject to the obligations under sub-regulations

(1) and (2), shall duly complete the contract summary template established in accordance with Article 102(3) of the Electronic Communications Code, with the required information and provide the contract summary free of charge to consumers, prior to the explicit consent of the consumer to the contract, including distance contracts:

Provided that where, for objective technical reasons, it is impossible to provide the contract summary at that moment, then the contract summary shall be provided without undue delay thereafter, and the contract shall become effective when the consumer has confirmed his agreement after receipt of the contract summary;

Provided further that in accordance with this regulation, the Authority may determine the manner as to how a consumer gives his consent to the contract

(5) The information referred to in sub-regulations (1) to (4), shall become an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise.

(6) Any term or condition in a contract for the provision of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services, even if agreed to by the consumer, shall be null and void to the extent that it is inconsistent with any provisions made by or under the Act or the terms and conditions of the general authorisation under which the service is provided.

(7) Where internet access services or publicly available interpersonal communications services are billed on the basis of either time or volume consumption, the providers of such services shall offer consumers the facility to monitor and control the usage of each of those services. This facility shall include access to timely information on the level of consumption of services included in a tariff plan:

Provided that providers shall notify consumers before any consumption limit included in their tariff plan is reached and when a service included in their tariff plan is fully consumed. AND SERVICES (GENERAL)

(8) The Authority may from time to time:

(a) establish rules requiring providers to notify consumers before any consumption limit included in their tariff plan is reached, and when a service included in their tariff plan is fully consumed;

(b) require providers to furnish such additional information on the consumption level, and temporarily prevent further use of the relevant service in excess of a financial or volume limit as the Authority may determine; and

(c) establish other information requirements to be included in contracts not related to aspects regulated under this regulation, in particular to address newly emerging issues.

(9) The information referred to in sub-regulations (1) to (4) and (8), shall also be provided to end-users that are micro-enterprises, small enterprises or not-for-profit organisations, unless they have explicitly agreed to waive all or parts of those provisions.