1. DEFINITIONS
“Company” means the telecommunication and information technology company, which was incorporated in Cyprus under the name ‘Telnet Holdings Ltd according to Companies Law, cap.113 and which was licensed under the Regulation of Electronic Communications and Postal Services Law of 2004 (L.112(I)2004).
“Customer” means any natural or legal person that is contracted with the Company under the terms of the present Agreement.
“Services” means the Telephone Service, the Internet Services, the Interactive Services and /or the Television Service provided to the customer according to the present Agreement.
“The Internet” means the global data network comprising interconnected networks using TCP/IP (‘Transmission Control Protocol/Internet Protocol’).
“Internet Services” means the services provided to the customer using digital or analogue technology to enable the customer to gain access to the Internet and certain services by means of a television set, computer or otherwise.
“Interactive Services” mean the Internet Services and services provided to the customer using digital technology.
“TV on Demand Services” means all the movies, events and televisions programs which are ordered by the customer and which are subject to the payment of a separate fee per event.
“Event” means each movie, television programs or other event provided by the Company as a ‘TV on Demand Service’.
“Equipment” means any telephone line, Customer Premises Equipment (CPE), Set Top Box, or other equipment or apparatus provided to the customer as an essential part of the provision of the services under the terms of the present Agreement, which belongs to the Company.
“PIN” means the customer’s personal identification number or password. 2. PROVISION OF SERVICE
2.1 The Services can be provided only in cases where there is network coverage and capacity and the length and quality of the customer’s telephone line is proper. The Company is not bound to provide the services in cases where it will not be in a position to guarantee the level of quality that is required for the provision of the Services.
2.2 In cases where, after the installation, there is a distortion to the connection, that causes a permanent defect to the quality of the service, the Company will make every reasonable effort to restore the quality of the services. Where the company fails to restore the defect, the Customer and the Company retain the right to terminate the Services according to the provisions of Article 13. 3. DURATION
3.1 The provision of the Services is agreed with the Customer for a minimum period of 12 months. Termination must be written and must be provided to the Company at least 5 working days before the end of the 12 months’ period. Where the Customer fails to terminate, the Agreement becomes automatically renewed for a year and so on. 4. CHARGES
4.1 The Customer must pay all charges for the provision of the Services and/or the installation of the Equipment by the date specified in his/her bill together with the related amount of Value Added Tax and any other tax, which is imposed or might be imposed in the future.
4.2 In cases where the invoice of the Company or any part of it, is not fully paid by the last date of payment, the Company reserves the right of charging the Customer’s account for late or not payment according to the (commercial lending rate applicable in Cyprus) basic rate of interest set by the Central Bank of Cyprus plus 2%, for each year, starting from the last date of payment until payment in full is made. This does not affect the right of the Company to suspend the Services or terminate the Agreement.
4.3 Any differentiation as to the charges is in the sole discretion of the Company. 5. EQUIPMENT
5.1 The Company has the responsibility of making the installation of the necessary equipment, for the provision of the Services, at the Customer’s premises. In cases where the premises of the Customer are such that need installation different from the ordinary, the Customer might need to pay an additional charge (ordinary installation refers to situations where all the devices are placed in the same room). The Company is also responsible for the maintenance of the Equipment.
5.2 For the equipment to be installed, the Customer must provide the Company with all necessary permissions and licenses. Moreover, for the installation to be made, the Customer must provide a suitable place and the right conditions.
5.3 Nobody, other than a Company’s representative may interfere with, add to, or modify the Equipment in any way.
5.4 In case of a breach of the Condition 5.3, the Company reserves the right of charging the Customer and/or suspending the Services and/or terminating the Agreement and /or retaining the whole or part of the deposit (Condition 6) and/or the Customer may be prosecuted.
5.5 The Customer is responsible for any loss or damage to the Equipment unless such loss or damage is caused by the Company, or its employees, or is due to a manufacturing or design fault, or fair wear and tear. 6. DEPOSIT AND ACCOUNT LIMIT
6.1 The Company might, it if considers it necessary, ask from its customers or from a certain category of its customers, the payment of a reasonable amount as deposit for the provision of the Services and/or the Equipment.
6.2 The deposit is returned to the Customer at the termination of the Agreement and after the settlement by the Customer, of all charges that are still due and the return of the Equipment to the Company.
6.3 Notwithstanding the payment of deposit, the Company has also the right of imposing a maximum limit to the Customer’s account based on the charges that are reasonably expected to incur on that account. 7. PROVISION OF INFORMATION AND DATA PROTECTION
7.1 The Customer is required to inform the Company of any changes to the details he/she has given the Company during the Agreement.
7.2 The Company is under an obligation to treat in strict confidence and secrecy any information or data provided by the Customer, for the purposes of the present Agreement, except in cases where the disclosure of such information or data is imposed by the applicable laws.
7.3 The Company may record and keep any details related to the usage of the services by the Customer for the purposes of administration and training. The Company acts in accordance with the applicable laws and the terms of the present Agreement at all times.
7.4 By signing the present Agreement the Customer confirms that he/she has been informed that the Company keeps a filing system and gives its explicit consent for the lawful processing of his/her personal data according to the Processing of Personal Data (Protection of Individuals) Law 138(I)2001. 8. USE OF INTERNET SERVICES AND INTERACTIVE SERVICES
8.1 Any use by the Customer of the Internet Services which interrupts the normal use of the Services by other users, constitutes a misuse of the Services, which could constitute an offence or lead to the criminal prosecution of the Customer.
8.2 The Company has the right to monitor and control the volume of data transmitted via the Interactive Services and/or the Internet Services. In the event of the client exceeding the usage allowances applicable to the provided Internet Services the Company reserves the right to reduce, suspend or terminate the Internet Services and /or the right to re-grade the Internet Services to a different speed and/or usage allowance at the appropriate charge.
9. VARIOUS TERMS
9.1 The Company is under an obligation to respond to all calls in relation to the repairing of the Services or the Equipment. The Company reserves the right to impose a reasonable call out charge in cases where the repairing is not related to a defect for which the Company is responsible according to the terms of the present Agreement.
9.2 The Customer has the right to upgrade any of the services provided by the basic package and/or cancel any upgrades of the basic package after giving the Company one month’s written notice.
9.3 The Services and the Equipment are provided under the present Agreement to Customers for residential use only. The Company bears no responsibility for any damage incurred by a business, trade or profession carried on by the Customer.
9.4 The software of the Services constitutes property owned by the Company. Thus any alteration or intervention to, or copying of the software by the Customer is strictly prohibited.
9.5 It is prohibited to any Customer to copy, reproduce, alter, resale or dispose of, in any way the content of the Services or create derivative works based on the content of the Services without obtaining the explicit consent of the Company or the owner of the intellectual property rights.
9.6 The Company reserves the right to change the terms and conditions of the present Agreement in cases where this is imposed by an amendment of any law or regulation or after a decree or directions by any regulatory, judiciary or governmental Authority and in all other events where this becomes necessary for the maintenance or improvement of the Services provided by the Company. In such cases, the Company will give the Customer written notice.
9.7 The Customer is responsible for the safety of the PIN provided by the Company and in case of disclosure of the PIN or use by a third person without the Customer’s consent, the latter is obliged to report this immediately to the Company.
9.8 The Company is excluded from liability towards the Customer for any breach of the present Agreement caused by an Act of God, fire, earthquake, war, terrorism, calamity, flood, civil disorder, strikes or lockout, uproar, governmental action, laws or any technical defect or any other reason beyond its control.
10. EXCLUSION OF LIABILITY
10.1 The Company is excluded from liability arising out of any damage and/or defect caused to the Customer and/or any third person by the temporary or permanent interruption of the Services and/or the transmission of any information/picture/sound.
10.2 The Company cannot guarantee that the provision of the Services under the present Agreement will be continuing, safe, fault free or that the Services will be available at all times and places.
10.3 The Company is obliged to provide notice to the Customer, in cases where it is necessary for the Services to be interrupted or suspended, given that this is reasonably practicable, and restore the Services the soonest possible.
10.4 The Company is excluded from liability arising out of any advertisement, products, services, programs or any other material provided by the Company or for any claim related to the service provided or its use or content of the Services.
10.5 The Company has no responsibility in cases where the Customer uses the services, provided by the present Agreement, in a way that is offensive, abusive, disgraceful, indecent, obtrusive, and generally in any way that contravenes moral customs and/or laws.
11. SUSPENSION OF SERVICES/TERMINATION/CANCELLATION
11.1 The Customer is under an obligation to pay a reasonable fee of reconnection as well as any other costs incurred in any suspension caused by his/her own fault.
11.2 Without any prejudice to other provisions of termination of the present Agreement, each party reserves the right to terminate this Agreement upon the occurrence of any of the following events:
a. where the Company terminates the provision of the Services
b. where the Company decides that the provision of the Services is no longer useful
c. where the Customer files an application for terminating the Services according to the terms of the present Agreement
11.3 The Company has the right to terminate the present Agreement where the Customer breaches any of the terms of the Agreement, providing a written notice of immediate effect.
11.4 The Customer has the right to terminate the present Agreement where the Company breaches any of the terms of the present Agreement, by providing a written notice within 14 days from the date of the breach.
11.5 The Customer is under an obligation to return the Equipment to the Company within 14 days from the date of termination. Otherwise, the Customer is responsible for the payment of the value of the Equipment.
11.6 The Customer is obliged to report to the Company any unauthorized reception of channels or programs. Otherwise, the Company reserves the right of suspending the Services, terminating the Agreement and/or retaining the whole or part of the deposit.
12. JURISDICTION
12.1 The terms and conditions of the present Agreement are governed and interpreted by the laws of Cyprus and the contracting parties are subjected exclusively to the jurisdiction of the Courts of Cyprus for the settlement of any dispute arising out of the terms and condition of this document.
12.2 All terms of the present agreement are essential and breach of any term or terms by any of the contracting parties is material and gives the right to the innocent party to terminate the Agreement and claim lawful damages. |
