Terms of Service

These Terms of Service ("Terms of Service") shall govern the use and participation in the online dispute resolution services provided by NetNeutrals EU. (“NetNeutrals EU”). NetNeutrals EU provides its Services via its site, https://www.netneutrals.eu (“Site”). By choosing to use the Site and Services, all parties also agree to these Terms of Service and express intent and agree to be bound by them.

Please read through these Terms of Service carefully, as they may have changed since your last visit to the Site. NetNeutrals EU reserves the right to change these Terms of Service, or any portion thereof at any time and without notice. These changes will not apply to existing cases in which Users have agreed to prior Terms of Service. Any persons or entities unwilling to agree to these Terms of Service shall discontinue further use of the Site and Services.

Service Provided
The Service provided by NetNeutrals EU is Online Dispute Resolution (ODR). The process includes:
  1.  Negotiation, whereby the consumer and the trader work directly together to find an acceptable solution.
  2. Mediation, whereby a trained, independent Neutral joins in an online dialogue with the Consumer and the Trader to facilitate a mutually agreeable settlement. There are two possible outcomes:
    1. If the parties agree on a settlement the case is closed.
    2. If the parties cannot find an agreement, the Neutral declares the case has resulted in an Impasse. When the case ends in Impasse, the Neutral will file a Proposed Settlement. Both the Consumer and the Trader can file comments on the Proposed Settlement. If no solution is found, in most instances the case can proceed to Adjudication.
  3. Adjudication, whereby a new, trained Neutrals reviews the entire case file and makes a final determination of how the case is to be resolved.
 
Please note that the Site and the Service provided are merely a platform to settle disputes between Consumers and Traders. NetNeutrals EU, its Administration, and the Neutrals are not parties to any disputes between Consumers and Traders. By using the NetNeutrals EU site, Users understand that NetNeutrals EU and the Neutrals have no liability related to disputes. Except for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against NetNeutrals EU and Neutral based on any act or omission in connection with the ODR proceedings under the Rules.
 
 
Payment
The fee for Negotiation and Mediation is a one-time, flat rate amount totaling £75 (€100). These Services are free to the Consumer. The fee is paid by the Trader. There is an additional fee of £75 (€100) if the Trader elects to proceed with Adjudication. The payment must be made via PayPal, unless the Trader has an existing agreement with NetNeutrals EU. The Trader is directed to the PayPal site directly from the NetNeutrals EU Site when they agree to participate in the case. The process will not start until the Trader’s payment is processed by PayPal and received by NetNeutrals EU.

Refund/Appeal Policy
Mediations that end in Impasse are considered closed and cannot be reopened. Adjudicated decisions are final and are not subject to negotiation or to appeal. Refunds will not be issued under any circumstances once the Neutral has completed the Proposed Settlement and the Adjudicated decision, if any. At that time the Service has been provided and is complete, regardless of whether the Consumer/Trader is satisfied by the outcome.

Indemnity and Liability
In consideration of the services provided by NetNeutrals EU, the Consumer and Trader agree to hold harmless NetNeutrals EU and any of its directors, officers, agents, servants, employees, independent contractors, assignees, permittees, designees, or shareholders from and against any and all claims, causes of action, liabilities, costs and/or expenses of any kind arising from or in connection with the third party alternative dispute resolution programme currently known as NetNeutrals EU.

Neither NetNeutrals EU Administration nor any Neutral shall be liable to any party for any act or omission in connection with any case handling conducted under these rules.

This programme is intended as a fair and expeditious means of resolving Consumer/Trader disputes. By agreeing to participate in the NetNeutrals EU process, the parties understand they are submitting the dispute to a final dispute settlement process.

To the maximum extent allowed by the law, NetNeutrals EU Administration and the Neutral are immune from civil liability to the same extent as a judge. By agreeing to dispute resolution under these rules, the parties understand that NetNeutrals EU Administration and the Neutral cannot be subpoenaed by either party in any subsequent legal proceeding.

NetNeutrals EU Administration and the Neutral are not necessary parties in a judicial proceeding related to the IFR process. Therefore, they are not competent to testify in a judicial, administrative or similar proceeding.

The Neutral and /or NetNeutrals EU Administration cannot be required to produce records regarding any statement, conduct, decision or ruling that occurred during the process.

The parties may not call any Neutral or employee of NetNeutrals EU Administration as a witness or expert in any informal proceeding or legal action involving the parties related to Services conducted by this programme. In addition, the parties may not subpoena any notes or other materials created by the Neutral.

Unless applicable law provides otherwise, the parties are deemed to have consented that the Neutral’s decision may be entered in any court having jurisdiction.

If any party initiates a judicial proceeding before or during the arbitration process, it will not be considered a waiver of any party's right to submit the dispute to NetNeutrals EU process.

Privacy
See NetNeutrals EU’ privacy policy at www.netneutrals.eu/privacy-policy for information concerning the use of your personal information.
 
Security
NetNeutrals EU uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet. This is meant to ensure that the information provided to NetNeutrals EU is not transmitted over the Internet unencrypted and cannot be viewed by unauthorised individuals.
Parties’ Responsibilities

By participating in NetNeutrals EU process, the Consumer and Trader agree to act in good faith, which includes taking reasonable steps to achieve a fair and expeditious resolution of the dispute.

NetNeutrals EU insists users post comments that offer significant information concerning the item transaction, and settlement requests or offers. By way of example, and not as a limitation, the Consumer and Trader agree that when using the Service, they will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the party owns or controls the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that the party knows, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
Failure to comply with these Responsibilities can result in the case being cancelled.

Confidentiality
Dispute Resolution processes are generally considered to be a confidential means to settle disagreements. As such, information contained in the comments posted by either party is not intended to be copied or distributed. NetNeutrals EU insists the parties observe discretion in matters related to the details and specifics of a claim. NetNeutrals EU takes reasonable measures to ensure the privacy of the dispute and the participants. NetNeutrals EU agrees to treat all information received in the course of its review activities as confidential with respect to persons or entities. NetNeutrals EU further agrees that such confidential information may not be used for any purpose by NetNeutrals EU except to fulfill its dispute resolution obligations. For more information, please see our privacy statement
 
Waiver
If NetNeutrals EU fails to enforce any right or provision of these Terms, it will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorised representative of NetNeutrals EU. Unless expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Copyright and Trademark Notices
All contents of the NetNeutrals EU Site are Copyright 2015 by NetNeutrals EU and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETNEUTRALS EU SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NETNEUTRALS EU AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NETNEUTRALS EU SITE AT ANY TIME. ADVICE RECEIVED VIA THE NETNEUTRALS EU SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NETNEUTRALS EU AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NETNEUTRALS EU SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NETNEUTRALS EU AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETNEUTRALS EU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NETNEUTRALS EU SITE, WITH THE DELAY OR INABILITY TO USE NETNEUTRALS EU SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NETNEUTRALS EU SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NETNEUTRALS EU SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NETNEUTRALS EU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETNEUTRALS EU SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETNEUTRALS EU SITE.

Force Majeure
If performance under these Terms of Service is interfered with by any condition beyond a party's reasonable control, the affected party will be excused from such performance to the extent of such condition.

Choice of Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, USA and you hereby consent to the exclusive jurisdiction and venue of courts in Waukesha, Wisconsin, USA in all disputes arising out of or relating to the use of the NetNeutrals EU Site. Use of the NetNeutrals EU Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The parties agree that no joint venture, partnership, employment, or agency relationship exists between the parties and NetNeutrals EU as a result of this agreement or use of the NetNeutrals EU Site. NetNeutrals EU’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NetNeutrals EU’s right to comply with governmental, court and law enforcement requests or requirements relating to the parties use of the NetNeutrals EU Site or information provided to or gathered by NetNeutrals EU with respect to such use.

How to Contact Us
Users can email questions, comments, or concerns to info@netneutrals.eu or call our office +353 (0)87 2424386.
Contact
​ Fill out the form if you are having trouble opening a case or if you have another question about our process. We will review your case and get back to you as soon as possible.

NetNeutrals EU
Johnstown House Johnstown, Naas
Co Kildare 
Ireland W91 C99T
​+353 1 531 2836
   

NetNeutrals EU is an approved Dispute Resolution body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015

NetNeutrals EU is an approved Dispute Resolution body under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

NetNeutrals EU is approved by the Civil Aviation Authority (the UK aviation regulator) to operate as a Dispute Resolution body for aviation consumers.