Terms and Conditions for PrimeTel’s Prepaid Mobile Services

     

    1.       Definitions
    “Activation” and “Active” means the use of the Service and consequential reduction of the preloaded or Topped-up credit in Pay as you Go Account.
    “Activation Date” means the date on which the first call is completed.
    “Agents” means any contractors, providers, dealers or agents appointed by us to perform any of our obligations under this Agreement.
    “Agreement” means these terms and conditions between us and you.
    “Bar” means suspending access to Services and may be either an out-bar, restricting use of the Mobile Phone for making calls and accessing the Services, or an in-bar, restricting use of the Mobile Phone for receiving calls and accessing the Services, or both.
    “Commissioner” means the Commissioner of Electronic Communications and Postal Regulation.
    “Connection Pack” means a SIM card with or without preloaded airtime credit which will connect you to the Network.
    “Inactive” means no Activation or Top-up of the Pay as you Go Account for a period of 7 days after the expiry of the Recharge Validity Period.
    “Law” means the Regulation of Electronic Communications and Postal Services Law of 2004 as amended from time to time.
    “Mobile Phone” means a mobile phone or other mobile telecommunications device through which you get the Service.
    “Network” means our infrastructure, equipment and network and/or the network of any Network Operator through which we provide you the Services.
    “Network Operator” means any entity with whom we entered or will enter into an interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.
    “Pay as you Go” means the prepaid service with which you are provided by us the Services through the Connection Pack.
    “Pay as you Go Account” means the account where your monetary credit is stored, and from where the cost of calls and any other Service are deducted.
    “PIN” means the secret personal identification number assigned to you or created by you for the purpose of accessing certain Services.
    “Recharge Validity Period” means in relation to preloaded credit provided in the Connection Pack, 30 days, and in relation to Top-ups, the validity period marked or notified on each recharge card or other mode of Top-up, from its Activation Date.
    “Service” or “Services” means the mobile telecommunications network services and related products and services, including Voice, Messaging, SMS, Data, etc, that are made available to you by us, either directly or through our agents from time to time.
    “SIM Card” means the subscriber identity module needed to operate your Mobile Phone and through which you are connected to the Network, and includes any SIM Card issued to you by us.
    “Top-Up” means loading additional monetary credit to the Pay as you Go Account by any means made available by us from time to time and “Topping-Up” and “Topped-Up” have corresponding meanings.
    “we” or “us” or “PrimeTel” means PRIMETEL PLC, Registration No. 139104 and licensed by the Commissioner to offer the Services and “our” has a corresponding meaning.
    “you” means the customer under this Agreement, being any legal or physical person or entity that purchases and activates a Connection Pack, and “your” has a corresponding meaning.

    2.       Acceptance & Term
    2.1.    By purchasing and activating a Connection Pack you become a customer of PrimeTel’s Pay as you Go prepaid service according to these terms and conditions.
    2.2.    This Agreement commences upon your purchase and activation of a Connection Pack and shall continue until it is terminated in accordance with these terms and conditions.

    3.       Coverage, Maintenance and Service
    3.1.    We will take reasonable endeavors to provide quality Services. However, due to the nature of mobile telecommunications, it is impossible to provide a fault – free Service and the quality and coverage of the Services depends partly on the Mobile Phone, partly on the Network and partly on other providers and telecommunications networks to which our network is connected or connects.
    3.2.    Coverage and Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion maintenance, outages on other networks and provider sites or other operational or technical difficulties which means that you may not receive some or all of the Services in certain areas or at certain times.
    3.3.    Coverage and Services can change with Network expansion or reconfiguration.
    3.4.    Due to changes and advancements in the mobile telecommunications industry, the Services may be changed, modified, advanced or removed. We will try to notify you before introducing new Services. If any of our new Services require new or upgraded Mobile Phones or equipment, you will be solely responsible for obtaining that new or upgraded Mobile Phone or equipment.
    3.5.    Voice messaging is part of the Services we provide. When the facility is available, you are solely responsible for changing the PIN (“Voice Messaging PIN”) from preset number and setting your own Voice Messaging PIN for the voicemail Service and keeping that information confidential. You acknowledge full responsibility for all access into and out of the voicemail Service and for any charges incurred as a result, whether you reset the Voice Messaging PIN or not. In the interest of others, and as result of the fair usage policy we implement, we may have to and we have the right to limit the number and duration of messages that can be left on your voicemail Service. You are also solely responsible for setting your own password(s) for access to any email Services made available to you through the Services and for keeping that information safe and confidential.
    3.6.    You may make local, national and international calls and send text messages, access the internet and use other Services. Calls are charged in accordance with clause 4.
    3.7.    Services are provided to other countries subject to you meeting our credit criteria and may be withheld and/or withdrawn anytime at our discretion. The terms and conditions which you may use overseas networks will depend on the country you are visiting and the foreign networks and you undertake and warrant that you shall comply fully with such terms and conditions at all times. You further acknowledge and accept that not all mobile phones will work with mobile services in other countries.
    3.8.    You may not make operator assisted calls; collect calls, special number calls, or any calls where charges are not immediately available. In cases that you will be allowed to make calls where charges are not immediately available you will be charged for those charges once and upon these are received by us and in case of insufficient funds in the Pay As You Go Account these charges will be deducted on the next Top-Up.
    3.9.    We may stop or suspend any particular Service. If we do so, we will try to inform you in advance. We will also try to inform you about any substitute Service provided.
    3.10.    You agree to follow our instructions about the use of the Service and ensure that everyone you are responsible for also meets and abides by your responsibilities and our requirements arising from this Agreement when using the Mobile Phone. You agree and undertake to keep us protected and indemnified against any legal action taken against us and/or any losses, damages, costs or expenses incurred by us as a result of such use of the Services. You are also solely and fully responsible, if any third person, whether authorized by you or not, uses or misuses the Mobile Phone or the Services.
    3.11.    You agree and undertake not to use the Mobile Phone or the Services for any abusive, unethical, illegal or fraudulent purpose. If you do or attempt to do so or if we have any reason to suspect or believe that you did or attempted to do so either to our detriment or to the detriment of any third person then we have the right to suspend and/or terminate the Services, without any prior notice.
    3.12.    We can require you to stop using any Mobile Phone or SIM Card immediately and/or we may suspend the Service: (i) if we believe that it could cause interference, (ii) if you, or if we are of the opinion that you, used it in an illegal or an unethical way, or to spam other users or for sending an excessive number of text or other messages, or (iii) if it is not approved for use in connection with the Services or pursuant to the Agreement.
    3.13.    Using or agreeing to use the Services does not give you any rights in any part of the Services.
    3.14.    You agree, acknowledge and accept that if you do not use the Mobile Phone or the Services in accordance with these terms and conditions we may restrict or suspend the use of the Services, without you having any claim or right to claim against us.
    3.15.    If the Mobile Phone is stolen or lost, you must inform us immediately so that we may attempt to prevent further calls being made from it. You will be fully and solely responsible for all calls made or Services accessed from the Mobile Phone up to the time you advise us of its loss or theft and we acknowledge receipt of such advice and we confirm deactivation, notwithstanding any prepaid card limit.
    3.16.    Some Services are available via the internet and, although we will endeavor to maintain the security of information, we cannot guarantee that information received or send by you with the use of the Services will be secure at all times. You acknowledge and accept that we are unable to exercise control over, and we make no representations or warranties concerning, the security or content of data or information passing over the Network and the internet.
    3.17.    If you experience any problem with the Services you should contact us in order to investigate any potential maintenance issues and use reasonable endeavors to arrange rectification.

    4.       Charges & Payment
    4.1.    Call and other service charges are set out in our web site at www.primetel.com.cy. We can vary these charges from time to time by providing one month’s notice or as required by the Law or by a competent authority. There may be additional charges for data and other Services. We reserve the right to charge you a reasonable fee if you request information about your calls or other Services.
    4.2.    No bill or invoice will be issued for the use of the Pay as you Go Service.
    4.3.    Each call is charged at the rate which is applied when the call commences. A chargeable call can only be made if you have a credit balance in the Pay as you Go Account and in case where there is a minimum charge that credit balance should cover at least the minimum call charge.
    4.4.    Local calls to fixed and mobile numbers whilst in Cyprus are charged per second and there is no minimum call charge. Any other calls may be charged on a different mode (e.g. per minute) and there may be a minimum charge, as these are publicised and notified from time to time on our website at www.primetel.com.cy.
    4.5.    In case the Connection Pack or any subsequent Top-Up includes any airtime or credit bonus (the “Bonus”), the Bonus: (i) will be used/utilized first, (ii) can only be used for calls to national networks (fixed and mobile), SMS to national and international Networks and Mobile Internet while you are in Cyprus. International calls, calls/SMS to special and premium services as well as the usage while on roaming are explicitly excluded, (iii) is not transferable (iv) will expire 30 days after the Activation Date or the Top-Up Date and (v) may be subject to special terms or conditions as stated on the Connection Pack or the Top-up card, as the case may be.
    4.6.    The Pay as you Go Account can and should be Topped-Up with selected prepaid amounts. The ability to make calls (except emergency calls) will cease when the credit on the Pay as you Go Account is zero or has expired, even if you are on a call. We are not responsible for any calls being cut off due to insufficient or expiry of credit.
    4.7.    We reserve the right to change or remove the method of prepayment of Services.
    4.8.    Calls to access voicemail Service are chargeable.
    4.9.    In case you buy a Mobile Phone with the Connection Pack this Mobile Phone may be locked to the SIM Card which forms part of our network or the Network. An unlocking fee may apply if you wish to have it unlocked.
    4.10.    It is your full and sole responsibility to have at all times control of the SIM Card. Even when the SIM Card is not in your possession, all charges for calls made using that SIM Card or the voicemail Service linked to that SIM Card will be deducted from your Pay as you Go Account. You should notify us immediately if the SIM Card is lost or stolen so that it can be deactivated.
    4.11.    All monetary credit on the Pay as you Go Account is specific to the SIM Card. You may make a balance transfer, provided that it is not a Bonus, only to other PrimeTel Pay as you Go Accounts or SIM Cards, subject to acceptance by the receiving party and respecting the safety limits. These limits are published on our web site at www.primetel.com.cy and may change from time to time.

    5.       SIM Card and PIN
    5.1.    If the SIM Card is lost, stolen or damaged a new SIM Card or Connection Pack must be purchased. In such a case any unused monetary credit in the Pay as you Go Account may, at our discretion, be transferred to the new SIM Card or Connection Pack.
    5.2.    For your own protection, the SIM Card and access to the voicemail Service can and should be PIN protected with your own PIN that is and should be kept confidential to you. The PIN should not be disclosed or recorded to or near the SIM Card or the Mobile Phone.

    6.       Provision of Hardware and Additional Services
    6.1.    If you have acquired a Mobile Phone or other accessories, such as battery pack or mains charger, from us, or from one of our dealers or agents, all claims in relation to those products are covered by the relevant manufacturer warranty only, if any.
    6.2.    If the Mobile Phone does not support all of the Services offered by us in Cyprus and/or overseas, we are not under any obligation to take any action so that you can access any such Services. Features and access to content and Services, may vary between different Mobile Phones.
    6.3.    We do not make any representation or warranty as to the accuracy, completeness or currency of any content or material which you may access or we provide to you, via the use of the Services and we not accept any responsibility or liability for the quality or nature of Services provided by a third party.
    6.4.    Content or material which you may access or we may provide to you, via the use of the Services, is for your use only. You may not forward or interfere with any such content or material to any third party in any way.
    6.5.    You agree and undertake that you are solely and fully responsible for ensuring that you have the right to send all data and information that you send via the use of the Services. You further acknowledge and accept that we may alter any such data or information that you send when using the Services in order to enable delivery of that data or information to the recipient.
    6.6.    If you get a Mobile Phone in a reduced price or free as part of a Special Offer or Price Plan we reserve the right, in case of termination of the Services in breach of these terms and conditions or of the advertised or announced or publicised terms and conditions applicable to the Special Offer or Price Plan or the Mobile Phone, to charge a penalty and/or exit charge and/or request the return of the Mobile Phone and/or all or any of the aforesaid, at our sole and absolute discretion.

    7.       Mobile Phone Numbers and Numbers Transfer
    7.1.    Mobile phone numbers allocated to you by us are our property.
    7.2.    We may be required by law, or by contractual obligations with other Network Operators or for other reasons to change the Mobile Phone number(s). We will do our best to inform you if such a change is required. We will not be liable for any costs which you, or anyone else, may incur as a result of such change.
    7.3.    If the Services are disconnected or terminated for any reason (excluding number portability), we may allocate your Mobile Phone number to another customer.
    7.4.    In case you have reserved or chosen a specific number from us there may be limitations as to the transfer of this number to another operator as set out in our Number Reservation Terms and Conditions.
    7.5.    We reserve the right to reject a number portability request in case there are outstanding amounts due to us until such amounts are paid in full.

    8.       Data Protection
    8.1.    You acknowledge, accept and agree that we and our Agents can collect information about you and the way in which you are using the Services. This information may be obtained from you or we will obtain it from our records. You may ask to see/review the personal information we hold about you and request for any incorrect information to be corrected.
    8.2.    You acknowledge, agree and accept that we and any of our Agents can use and hold information about you, as above, and share it with one another, for a range of lawful purposes connected with our business operations.
    8.3.    Some personal information can or has to be shared with other Network Operators so you can make and receive calls, transfer numbers from one network to another and to monitor or investigate fraud. We may also need to give your personal details to emergency services or other agencies as required by Law.
    8.4.    If we offer and you choose Caller ID Restriction (CLIR), we will prevent your number being shown on any receiver. Your number may still be displayed to our records or emergency or other services or when you send a text message. If you do not choose or we do not offer CLIR, your number may be displayed to the receiver.
    8.5.    Subject to any rights you have or may have under the Processing of Personal Data (Protection of Individuals) Law of 2001, we will not be liable to you, or to anyone else, for the content or lack of confidentiality of any Services you use, or any disclosure we must make by law or a court order.

    9.       Limitation of Liability
    9.1.    We have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider and we do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses or any other form of economic loss.
    9.2.    We will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our reasonable control.
    9.3.    Except as expressly set forth in this Agreement, all conditions, warranties and representations implied by statute, common law or otherwise in relation to our provision of the Services are hereby excluded to the fullest extent permitted by law.
    9.4.    The maximum liability we have towards you under any circumstances is limited to the value paid for the Connection Pack and/or the last Top-Up, whichever is less.

    10.       Assignment/Transfer of Agreement
    10.1.    We have the right to and may transfer or assign, either fully or partly, the whole or any part of this Agreement and/or any interest in the Network, to any third party.

    11.       Terminating or Suspending this Agreement
    11.1.    You may terminate this Agreement by ceasing to use the Service.
    11.2.    Where the Pay as you Go Account has become Inactive but you wish to resume Service, you will need to purchase a new Connection Pack in which case it will be deemed that a new agreement has been created between you and us upon the terms and conditions applicable on Activation of the new Connection Pack (or any package that contains a new SIM Card).
    11.3.    If the Pay as you Go Account becomes deactivated: (i) you will lose the allocated Mobile Phone number; (ii) we will own any credit balance in your Pay as you Go Account; (iii) you will lose any names or numbers stored on your SIM Card; and (iv) you will lose any voicemail in relation to your Mobile Phone number.
    11.4.    We can immediately suspend, Bar or restrict the use of any or all of the Services or disconnect your connection at our discretion without liability or responsibility on our side if: (i) any or our licences to operate the Network expires, terminated, or suspended; or (ii) any interconnection agreement with any other Network Operator expires or is terminated; or (iii) you are in breach of any of the terms and conditions in this Agreement; or (iv) you make abusive, offensive, malicious or nuisance calls or communications, or use any of the Services in an offensive way; or (v) we suspect that you are using the Services for any illegal or fraudulent activity; or (vi) all of the Services are permanently or temporarily (for any reason) unavailable to you; or (vii) the Pay as you Go Account becomes Inactive; or (viii) you tamper with or modify or attempt to tamper with or modify any SIM Card or any recharge card issued by us for Topping-up the Pay as you Go Account other than in accordance with instructions issued by us; or (ix) for any other reason we reasonably believe that it is appropriate to do so.
    11.5.    The text messaging Service may be suspended from the Pay as you Go Account if you use it with an insufficient airtime credit balance or if you do not comply with this Agreement.

    12.       Rights and Responsibilities that Continue
    12.1.    Terminating this Agreement does not affect any of the rights or responsibilities which are intended to continue or to come into existence after this Agreement is terminated, including (without limitation) any obligation you may have to return any equipment of ours you may held on loan from us or on under a usage license or to pay any amounts due to us.
    13.       Network Operators and Other Suppliers
    13.1.    We have and you acknowledge and accept that we have or may have obligations towards other Network Operators and/or the Agents and suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services and of the Network, including (without limitation) your access to and use of any provider’s site or Network Operator’s networks.

    14.       Notices and Variations of Charges, Terms and Price Plans
    14.1.    We reserve the right to increase/decrease or remove any of the charges and/or benefits from time to time and/or introduce new charges. Any such changes will be made publicly known via the press and/or our web site at www.primetel.com.cy and/or via any other mode we may deem appropriate one month prior to coming into effect.
    14.2.    We reserve the right to remove or change any Price Plans or other offers done by us from time to time or replace them with new Price Plans or offers.
    14.3.    We may amend or substitute these terms and conditions from time to time by providing one month’s notice via the press and/or our web site and/or via any other mode we may deem appropriate. The amended or replaced terms and conditions will be posted on our web site at www.primetel.com.cy and will apply to the Services from their publicised effective date. Use of the Services following the effective date of the publicised terms shall mean that you accept the new and/or amended terms and conditions and that you agree to be bound by them. If you do not accept any of the amendments and/or the new terms and conditions you can reject them by not using the Services.

    15.       Administration Charges
    15.1.    Where you require us to provide you with technical support, or administration services (including, as applicable, Service suspension, call barring, call redirection), we may charge you for the costs we incur in carrying out these services. We will inform you of the relevant applicable charges before proceeding with any requested by you services.

    16.       Agents
    16.1.    We may appoint an Agent to provide Customer Services.
    16.2.    Any mobile phone supplied to you by an agent is supplied by the agent acting in its right and not as our agent. We do not accept any responsibility for any matters relating to the mobile phone supplied by an agent.

    17.        Cyprus Law & Disputes
    17.1.    This Agreement is governed by the laws of Cyprus and the Courts of Cyprus shall have exclusive jurisdiction over this Agreement and any disputes arising therefrom.

    18.       Waiver
    18.1.    If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.

    19.        Severability
    19.1.    If, based on the legislation in force, one or more of the provisions included in this Agreement is or will be deemed invalid, illegal or non-executable in any way, the validity, legitimacy and executability of the remaining provisions included in this Agreement will not be affected in any way and the Agreement will be read as if the invalid, illegal or non-executable provision or its part had not been excluded.

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