General Terms and Conditions for the Provision of PrimeTel services
“Account” means the Subscriber’s account with the Company in respect of the provision of Services by the Company to the Subscriber in accordance with the Agreement, which shall be debited with any amounts invoiced to the Subscriber and shall be credited with any amounts paid by the Subscriber.
“Agreement” means the agreement between the Subscriber and the Company for the provision of Services which comprises of the Agreement for the Provision of Services, the General Terms and Conditions and, if applicable, the Special Terms and Conditions.
“Agreement for the Provision of Services” or “APS” means the agreement between the Subscriber and the Company for the provision of the Services or the MTS, as stated therein, pursuant to the terms of the Agreement.
“AUP” means the Acceptable Use Policy applied by the Company in respect of the Services as this may be amended or substituted by the Company from time to time.
“Bar” means suspending access to the Mobile Telephony Services and may be either an out-bar, restricting use of the Mobile Phone for making calls and accessing the Mobile Telephone Services, or an in-bar, restricting use of the Mobile Phone for receiving calls and accessing the Mobile Telephony Services, or both.
“Basic Package” means the initial package of Services that the Company offers from time to time without any Service upgrades by the Subscriber.
“Commissioner” means the Commissioner of Electronic Communications and Postal Regulation.
“Common Place” means the Premises, whether operating for profit or not, which are a common place for the visitors of the Premises, including without limitation, restaurants, unions, pubs, cafeterias, coffee shops, canteens, book makers and similar shelters.
“Company” means the electronic communications company with the name Primetel PLC registered in Cyprus in accordance with the Companies Law, Cap. 113 and licensed pursuant to the Law.
“Connection Fee” means the non-refundable lump sum fee stated in the APS which the Subscriber shall pay to the Company upon singing of the Agreement with regards to and/or in relation to the MTS.
“Decree” means the Determination of the Quality of Electronic Communications Provision Decree of 2005, as this is amended each time by the Commissioner and the Decree on Open Internet Access of 2017, as may be modified from time to time.
“Equipment” means any telephone line, subscriber equipment (CPE and/or STB), television decoder or other equipment or device provided to the Subscriber, including any software licensed or sub-licensed to a software (either belonging to the Company or to a third party) as part of the provision of Services by the Company in accordance with the Agreement and it constitutes property of the Company (unless an agreement in writing is made with the Subscriber for the sale of the Equipment).
“Event” means each movie, television program or other event provided by the Company within the framework of “Television Services on demand”.
“Fixed Monthly Charge” means the fixed monthly charge for the Services provided to the Subscriber in accordance with the Agreement.
“FUP” means the Fair Use Policy applied by the Company in respect of the Services as this may be amended or substituted by the Company from time to time.
“General Terms and Conditions” or “GTC” means these general terms and conditions for the provision of the Services and/or any terms amending and/or substituting them.
“Initial Duration” or “ID” means the duration of the Agreement provided in clause 4.1 of the GTC.
“Interactive Services” means the Internet Services and Services provided to the Subscriber by the Company using digital technology in accordance with the Agreement, and it includes, without limitation, short message service (sms) from the Company to the Subscriber and/or the exchange of sms / chat between Subscribers and/or the upload and/or sharing of data by Subscribers via the Internet Services and/or the MTS and/or the Television Service and/or any other service provided by the Company to the Subscriber from time to time via the Company’s website, including without limitation viewing and/or management of the Account and/or of Invoices, upgrade and/or downgrade and/or acquisition and/or management of Services.
“Internet Services” means the services provided to the Subscriber by the Company by using the digital or analogue technology in accordance with the Agreement enabling the Subscriber to have access to the internet and to certain other services by means of television or personal computer or a mobile phone or devise or otherwise.
“Invoice” means the invoice issued by the Company to the Subscriber in relation to the Services the amount of which shall be debited in the Account.
“Low Usage Package” or “LUP” means the package of Services consisting of the Telephone Service and Internet Services (or other Services if such are stated to be included in the LUP) which is stated as such on the PSA and which is or may be subject to restrictions on the usage of Internet Services and/or of email services.
“Mobile Phone” means a mobile phone or other mobile telecommunications device through which the Subscriber receives the Mobile Telephony Services.
“Mobile Telephony Services” or “MTS” means the postpaid mobile telecommunications services and related products and services including voice, messaging, SMS, MMS, data, and any other services that are and/or will be made available to the Subscriber by the Company from time to time.
“Network” means the Company’s network and/or the network of any Network Operator through which the Company provides the Services to its Subscribers.
“Network Operator” means any entity with whom the Company has or will have an interconnection agreement or arrangement (directly or indirectly) for the passing of Subscriber’s generated or destined communications or data between the Company and that entity.
“Law” means the Regulation of Electronic Communications and Postal Services Law of 2004, L.112(I)/2004 in force for the time being and comprises any law amending or substituting the same.
“PIN” means the Personal Identification Number or access code of the Subscriber provided by the Company to the Subscriber that the Subscriber shall use in order to access all or any of the Services.
“Premises” means the premises of the Subscriber located at the address mentioned in the PSA to which the Service is being provided by the Company to the Subscriber in accordance with the Agreement.
“PRESS RED TO SUBSCRIBE” or “PRTS” means the utility pursuant to which the Subscriber has the ability to upgrade any services or to order additional Services via its television set following the instructions and accepting the terms appearing on the screen.
“PRIMETEL” or “PrimeTel” or “PTL” means the Company.
“Public Viewing Package” or “PVP” means the package of television programs and/or other services, as these may be provided by the Company from time to time, which the Subscriber receives from the Company in accordance with the Agreement to the Premises which are a Common Place, and which the Subscriber is entitled to show publicly to the said Premises provided that it pays the applicable from time to time charges for public viewing.
“Registration Fee” means the non-refundable lump sum fee stated in the APS which the Subscriber shall pay to the Company upon singing of the Agreement with regards to and/or in relation to the Services.
“Services” or “Service” means the Telephone Service, the Mobile Telephony Services, the Internet Services, the Interactive Services, the Television Service and/or any of them and/or any other service or services provided to the Subscriber by the Company in accordance with the Agreement. In case of Common Place the terms “Services” or “Service” shall include also the “Public Viewing Package”.
“SIM Card” means the Subscriber’s identity module to operate the Mobile Phone, through which the Subscriber is connected to the Network and it includes any SIM Card issued by the Company to the Subscriber.
“Special Terms and Conditions” or “STC” means any special terms and conditions which are additional and supplementary to the GTC and which apply to any service or service package or offer, as specified in the APS. The STC may be in the form of additional document or terms and conditions that may apply, as aforesaid, as publicized or advertised in any way by the Company. In case of contradiction and/or conflict between the GTC and the STC, the provisions of the STC shall prevail.
“Subscriber” means any legal or natural person contracting with the Company under the terms of the Agreement.
“Telephone Service” means the service of fixed telephony provided to the Subscriber by the Company in accordance with the Agreement.
“Television Service” means the service of television programs provided to the Subscriber by the Company either with additional charge or not in accordance with the Agreement and it includes the Television Services on demand.
“Television Services on demand” mean all the Events ordered by the Subscriber and which are subject to the payment of a separate fee per Event.
“Terminal Equipment” means the terminal equipment of each technology which is used by the Company for the time being.
“The Internet” means the global data network comprising interconnected networks by using TCP/IP (“Transmission Control Protocol/Internet Protocol”).
“Working Day” means any day in which banks in Cyprus are open to the public for business. Any reference to the word “day” shall mean Working Day.
2. Provision of Services other than Mobile Telephony Services
2.1 The connection for the provision of the Services shall be carried out by the Company within 15 Working Days from the date of signing the Agreement, provided that the Subscriber has produced all necessary documents, has paid the required amount of money, as stated in the PSA, and there is no technical or other problem. It is hereby clarified that until the successful connection of the Services the Subscriber is not allowed to use or attempt to use the Services nor to publicize in any way any information or data of the Services stated in the PSA.
2.2 The Subscriber is allowed to request from the Company within 4 days from the singing of the Agreement for the Provision of Services the cancellation of the installation and of the provision of the Services provided that:
2.2.1 the Subscriber shall pay to the Company all the actual costs of the Company, incurred or to be incurred, as a result of this cancellation, plus the total amount of discounts stated in the APS, plus a reasonable administrative fee to the Company, which amounts to €28; and
2.2.2 in case the Subscriber received from the Company also MTS pursuant to the Agreement:
18.104.22.168 the MTS shall continue to be in force and offered; and
22.214.171.124 the Subscriber, in case he received any offer or device (e.g. mobile phone, tablet, etc) from the Company either for free or with a discount or by installments, the Subscriber’s subscription to the MTS shall be amended accordingly so it shall be such that would entitle the Subscriber to the offer or the device received, should the Subscriber had not subscribed to the Services as well.
2.3 The provision of the Service by the Company shall be only to the Subscriber and only for use at the Premises. The Company shall not be liable for any damage caused to a business, trade, occupation or otherwise resulting from the inappropriate use of the Service.
2.4 The provision of the Service is feasible only where and when there is an access cable and continuous and uninterrupted provision of electric current to the Premises. The continuous and uninterrupted provision of electric current to the Premises shall be the sole responsibility of the Subscriber.
2.5 In case that the Service or any part thereof shall be provided by the Company to the Subscriber via a fiber optics cable (Fiber To The Building-FTTB) that Subscriber shall, prior to the installation, provide the Company with all necessary permits and/or consents and/or rights of way to the Premises (e.g. Management Committee consent). Furthermore, if the Subscriber is not the owner or the tenant of the Premises, he shall, prior to the installation, provide the written consent of the owner or the tenant (as the case may be) for the carrying out of any necessary works that may need to be made at the Premises (e.g. wall penetrations, etc) in order for the fiber optics cable to be connected at the Premises. In case that the Subscriber is the owner or the tenant of the Premises, the Subscriber provides his consent for any necessary works, as aforesaid, by singing the Agreement. It is hereby clarified that in any case the Company shall not be liable for any damage caused during the works and/or the connection of the fiber optics cable, for which the Subscriber shall be fully and solely liable.
2.6 The provision of the Service is feasible only in cases where there are available and appropriate Network resources of the Company and the distance and quality of the Subscriber’s telephone line is suitable. The Company shall not be obliged to provide the Service in case that the Company will not be able to ensure the quality level required for the provision of the Service or in case that it is not technically feasible to ensure the required quality level for the provision of the Service.
2.7 In case that after the installation an alteration occurs to the characteristics of the connection causing a proven permanent abatement to the quality of the Service, the Company shall make every effort to restore the quality of the Service. In case that it is not technically feasible to restore it, both the Subscriber and the Company reserve the right to terminate the Service without any penalty, provided that:
2.7.1 any no affected Services and the MTS shall continue to be offered pursuant to the Agreement; and
2.7.2 if the Subscriber received any offer or device (e.g. mobile phone, tablet, etc) by the Company either for free or at a discount or by installments, his subscription to the MTS package shall be amended accordingly, as the Company may request, so that is shall be an MTS subscription that should have been for the Subscriber to be entitled to the offer or device received, should the Subscriber had not subscribed to the Services as well.
2.8 The Company shall make every possible effort to ensure that the provision of the Service complies with the quality level specified by the Decree.
2.9 The Subscriber has the right to upgrade any services of the Basic Package and/or to cancel any upgrades to the Basic Package by giving to the Company thirty (30) days prior written notice or via the internet or the PRTS. If the upgrade or downgrade of the Services is done via the internet or the PRTS the amendment to the Services shall be effected as soon as the Subscriber’s relevant request is received and processed by the Company. In case of upgrade to any of the services of the Basic Package the Subscriber accepts and undertakes to pay to the Company any charges arising from such upgrading. In case where for the upgrade of any services of the Basic Package and/or the ordering of additional services from those of the Basic Package the Subscriber uses the PRTS or the internet, the Subscriber agrees and accepts also the terms and conditions displayed on the Subscriber’s screen without any written notice being required.
2.10 The software of the Service and/or of the Equipment shall remain the property of the Company and/or of the third party who licensed and/or sub-licensed its use and any alteration or copy thereof or intervention thereto by the Subscriber or by a third party, whether the Subscriber is aware of this or not, is prohibited.
2.11 The Subscriber is not allowed to copy, reproduce, alter, resell or dispose in any way the content and/or the software of the Service or to create products or services out of the content of the Service without the prior written consent of the Company and of the owner or the beneficiary of the copyrights of the content of the Service.
2.12 In cases of Premises which are Common Place, the Subscriber is not allowed to resell any Service or part thereof to visitors and/or invitees of the Premises and shall not charge an admission fee related to the Service or usage or viewing fee for any Service or part thereof.
2.13 The Company shall provide the Service to the Premises. In case of false or different address stated in the PSA, it shall be responsibility of the Subscriber to follow the procedures for the transfer of services to other premises as such procedures are specified in clauses 2.14 and 2.15.
2.14 In case that the Subscriber changes premises the Subscriber must notify promptly the Company and make all necessary arrangements for the transfer of the Service in accordance with the Agreement. If the Subscriber fails to do so, he will be charged for the Service to the Premises until the transfer or the termination of the Service in accordance with the Agreement.
2.15 In case that the Subscriber requests that the provision of the Service be transferred to premises other than the Premises such transfer shall be at the discretion of the Company subject also to clauses 2.1, 2.4 and 2.6, and in case of transfer the Subscriber undertakes to pay promptly to the Company all the expenses and charges as a result thereof. In the event that the new premises are not covered by the Company’s Network the Agreement shall be terminated at the request of the Subscriber, subject to clause 2.16. It is understood that the Subscriber is obliged to pay to the Company every remaining amount due to the Company by the date of the termination and the Company is entitled to withhold the guarantee, if paid, and/or part thereof and/or request the payment of any additional amount to cover any expenses that will arise for and/or due to the disconnection of the Subscriber from the Company’s Network, as stated in the Company’s early termination policy (https://primetel.com.cy/tos/fairusage/).
2.16 In case of a request by the Subscriber for termination of the Agreement pursuant to clause 2.15 during the Initial Duration the Company is entitled:
2.16.1 to request that the Subscriber continues to receive from the Company at least until the expiration of the Initial Duration the part of the Services which the Company can provide to the new premises (e.g. internet + telephony instead of internet + telephony + television) provided that:
126.96.36.199 the price charged to the Subscriber will be adjusted accordingly, and the Subscriber shall be obliged to continue to receive such part of the Services at least until the expiration of the Initial Duration; and
188.8.131.52 in case that, as a consequence of the amendment of Services an offer or device (e.g. mobile phone, tablet, etc) received by the Subscriber from the Company either for free or at a discount or by installments, his subscription to the MTS package shall be amended accordingly, as the Company may request, so that it will become the appropriate MTS subscription for the Subscriber to be entitled to the offer or device received, if the Subscriber was not register also to the Services.
2.16.2 in case that the new premises are not covered at all by the Company’s network (either directly or indirectly, i.e. via third parties’ networks), to request the submission by the Subscriber of such documentation and/or proof to the reasonable satisfaction of the Company to substantiate a genuine bona fide request for cancellation by the Subscriber due to change of address, provided however that in case the Subscriber also receives MTS, these may not be terminated due to change of premises and also clause 184.108.40.206 shall apply, if applicable. Failure by the Subscriber to comply with this sub-clause will result in him being charged until either the submission of such documentation or the expiration of the Initial Duration, whichever comes first.
2.17 The resale or assignment of the Services or any of them and/or of the Agreement or part thereof is prohibited.
3. Provision of Mobile Telephony Services
3.1. The SIM Card is activated from the moment it is delivered by the Company to the Subscriber or within one (1) Working Day from the signing of the Agreement provided that the Subscriber has produced all necessary documents, has paid the required amounts, as stated in the PSA, and there is not a technical problem. The MTS, in case of number portability, can be used from the date the Company informs the Subscriber via sms to the mobile number stated on the PSA and in case of a new number immediately upon the delivery and activation of the SIM Card.
3.2. In case of non-activation of the MTS by the Company within the prescribed period and/or of a defective SIM Card the Subscriber shall be obliged to notify the Company immediately and at any rate the latest within 2 days of the prescribed activation period in order for the SIM Card to be replaced.
3.3. The number of SIM Cards and/or of MSISDNs that each Subscriber can get may be limited by the Company from time to time. The Subscriber shall at all times be responsible and liable for all the SIM Cards and MSISDNs that are issued in the Subscriber’s name.
3.4. The resale or assignment of the MTS and/or of the Agreement or part thereof is prohibited.
4.1 The Agreement and the provision of the Service shall be for the period stated in the PSA from the date of the initial connection and activation of the Service with a maximum duration of 24 months, unless a different period is provided in the STC or in any offer of the Company that the Subscriber chooses to benefit from.
4.2 Upon expiration of the Initial Duration the Agreement shall be renewed automatically, from month to month, for an undefined period unless the Subscriber or the Company request in writing its non-renewal at least thirty (30) days before the expiration of the Initial Duration. Upon expiration of the Initial Duration and provided the Agreement is not terminated according to its terms, the Company or the Subscriber can terminate the Agreement or the Services or the MTS with a thirty (30) days prior written notice, as this will be defined from time to time by the Company according to the Company’s relevant procedures to this effect.
4.3 In case of termination of the Agreement by the Subscriber without fault of the Company or by the Company due to the fault of the Subscriber during the Initial Duration the Subscriber shall, without prejudice to any other rights of the Company and in addition to the payment in full of all and any amounts due to the Company and the return of the Equipment, pay to the Company:
4.3.1 all the amounts that would have been paid pursuant to the Agreement until the expiry of the Initial Duration as stated in the Company’s early termination policy (https://primetel.com.cy/tos/fairusage/), including, without limitation, non-fixed charges that arise according to the usage of the Service (e.g. telephone calls), and
4.3.2 the value of the Equipment stated in the APS in the case that the Subscriber does not return the Equipment pursuant to clause 18.5, and
4.3.3 the proportionate amount of discounts and/or subsidies stated in the APS.
4.4 Payment by the Subscriber of any amounts pursuant to clause 4.3 shall not relieve him of the obligation to pay any other amounts due to the Company pursuant to any STC applicable for any benefit derived by him from any offer of the Company or for any device (e.g. mobile phone, tablet, etc) which the Subscriber received for free or at a discount or by installments, which the Subscriber must pay the Company proportionally.
5.1 The Subscriber must, upon the signing of the Agreement and prior to the activation of the Service or of the MTS, to pay to the Company all the initial amounts (e.g. Registration Fee, Connection Fee, Deposit, etc) which must be paid to the Company according to the PSA.
5.2 The Subscriber shall be obliged to pay all the charges arising from the provision of the Services and/or the installation of the Equipment on the date stated in the Invoice, plus the relevant amount of Value Added Tax and any other direct or indirect tax or fee imposed or that may be imposed in the future.
5.3 Any fixed monthly charges (e.g. monthly subscription fee, monthly payment of equipment, mobile phone, tablet, etc) are invoiced at the beginning of each month whilst any non fixed monthly charges (e.g. telephone calls) are invoiced at the end of each month.
5.4 Charges for the Public Viewing Package may vary according to the occupancy capacity of the Premises and the Subscriber is responsible to declare the occupancy capacity of the Premises at the time of signing of the Agreement. The Subscriber is also responsible to inform the Company immediately for any changes to the Premises’ occupancy capacity. The Company is entitled to conduct an audit from time to time at its discretion to ascertain whether there is any alteration to the Premises’ occupancy capacity. In case that it is verified that the Premises’ occupancy capacity declared by the Subscriber has changed the Company is entitled to amend the PVP charge immediately and also to claim any amounts that should have been paid by the Subscriber on the basis of the correct capacity which the Subscriber should have declared.
5.5 The Subscriber is fully and solely responsible for the safety and security of the Subscriber’s systems, equipment, machinery and devices and/or of the Equipment and/or of the Mobile Phone and/or of the Services and shall thus be fully responsible and liable for any charges on the Invoice or in the Account as a result of breach, hacking or anauthorised use of the Subscriber’s systems, equipment, machinery and devices and/or Equipment and/or Mobile Phone and/or Services.
5.6 The Company shall publish a detailed list of the charges applicable each time on its website https://primetel.com.cy/ .
5.7 In case the Subscriber disagrees with the Invoice or any part thereof the Subscriber must inform the Company in writing within ten (10) days from the date of the Invoice or from the date the Invoice was sent. In case of no dispute as aforesaid by the Subscriber, it is presumed that the Subscriber accepts fully and unconditionally the Invoice and undertakes to pay to the Company the amount stated therein.
5.8 In case that the payment of the Invoice is not done via an automated means of payment (e.g. direct debit, etc.) but the Subscriber chooses to pay the Invoice to any office of the Company or to send by post a cheque, then the Company shall be entitled to charge the Subscriber with an additional administrative fee up to €2,00 per Invoice to cover its administrative cost.
5.9 In case that the Invoice is not settled in full by the last day that it is payable the Company shall be entitled, without prejudice to any other rights of the Company:
5.9.1 to charge the amount due stated on the Invoice and/or the Account with a surcharge of 8% on each overdue amount from the date that such amount becomes payable until its settlement, and
5.9.2 to disconnect or suspend or Bar (as applicable) the Services and/or the MTS without any notice or terminate the Agreement by giving a ten (10) days notice to the Subscriber, and
5.9.3 to take any legal action for the collection of the amounts due and to notify and/or register, whether a legal action was taken or not, the debt and/or the Subscriber in any licensed third party’s defaulting debt registry, and
5.9.4 to assign and/or to assign at a fee, recoverable by the Subscriber, the collection of any amounts due to any debt collection agency, firm or company and/or to any third party.
5.10 The amendment of charges is at the discretion of the Company. Any amendment made to the charges, excluding amendments as a result of an upgrade or downgrade of Services requested by the Subscriber and/or from any increase imposed to the Company by any content or service provider or Network Operator from whom the Company buys content and/or services in order to provide the Services to the Subscriber and/or increase of any tax that may be recovered or must be paid by the Subscriber, shall apply to the Subscriber thirty (30) days after they are announced in the press by the Company and/or otherwise notified to the Subscriber.
5.11 In case of any upgrade or downgrade of any Service or Service package, including internet connection speed there shall be corresponding adjustment of the charges to the Subscriber so that the charges shall at all times correspond to the Service package and/or Service the Subscriber receives.
5.12 For each change to a Service or Service package, the Company is entitled to charge an administrative fee in accordance with the applicable published pricelist of the Company, which shall be communicated to the Subscriber before the implementation of any change.
5.13 If the Subscriber receives any discount or any other benefit (either in cash or in kind) in any Service (excluding MTS) or Service Package as a result of the upgrade of and/or the inclusion in the Service package and/or Service of an MTS, such discount or other benefit shall cease to exist immediately upon termination of the MTS, irrespective of whether or not the other services remain in force, and the Subscriber shall be obliged to pay from the date of termination and/or removal of the MTS from the Service package, the standard charges of the Service package which apply at the time without the inclusion of MTS.
6.1 The Equipment shall be provided by the Company only to the Subscriber and only for use for the purposes of the Agreement. The Company shall bear no responsibility whatsoever for any damages caused to a business, trade, occupation or otherwise as a result of the inappropriate use of the Equipment by the Subscriber.
6.2 For the installation of the Equipment and/or the provision of the Services the Subscriber must provide the Company with all necessary consents and licenses as well as with full access to the electrical and telecommunication network of the Premises. Additionally, the Subscriber shall be obliged to ensure the correct cabling of the Premises before the installation of the Equipment and arrange the appropriate space and conditions for the installation of the Equipment. Any omission by the Subscriber may result in delay or suspension to the provision of the Service without the responsibility of the Company.
6.3 The Company shall undertake the installation of the Equipment for the provision of Services to the Premises. If due to the arrangement, design or structure of the Premises further cabling is needed then the Subscriber shall be obliged and undertakes to pay to the Company any extra charge that may arise thereof.
6.4 On the day of installation of the Equipment the telephone or other service of the Subscriber at the Premises may not function for certain period of time until the completion of the installation and of the connection resulting to possible affecting or malfunction or non functioning of other systems or services of the Subscriber at the Premises, such as security systems, alarm systems, etc. The Company shall bear no responsibility whatsoever for any consequential or other damage or loss caused to the Subscriber.
6.5 The Company shall be obliged to respond to calls made for the repair of the Service or the Equipment. The Company reserves the right to charge the Subscriber in case that the repair is not related to any damage for which the Company is responsible in accordance with the Agreement.
6.6 The Company shall be responsible to install the Terminal Equipment to the master socket of the Premises which is defined as the first point to which the input cable (pair) from the terminal point of the provider ends inside the Premises.
6.7 The Telephone Service shall be delivered by the Company to the Terminal Equipment at the Premises. The cabling for extending the Telephone Service to additional points within the Premises shall be an exclusive responsibility of the Subscriber.
6.8 The Internet Services shall be delivered by the Company to the Terminal Equipment at the Premises. The cabling for extending the Internet Services or the Interactive Services to additional points in the Premises shall be the exclusive responsibility of the Subscriber.
6.9 The Television Service and the Interactive Services shall be delivered by the Company through the Terminal Equipment at the Premises to the television terminal equipment of the Premises. The Company shall be responsible to connect the Terminal Equipment at the Premises to the television terminal equipment of the Premises provided that these terminals are located in the same room. Any cabling beyond the room in which the Terminal Equipment at the Premises is installed or any extension of the Telephone Service to additional points of the Premises shall be an exclusive responsibility of the Subscriber.
6.10 Except for the Equipment, the Company shall bear no responsibility or obligation whatsoever to make any adjustments to any devices or equipment of the Subscriber.
6.11 The Company shall bear no responsibility whatsoever for any problem occurring to the Services as a result of deficient and/or defective and/or inadequate and/or incompatible and/or insufficient cabling or devices at the Premises.
6.12 No one other than an authorized employee or authorized representative of the Company may interfere with or add to or alter the Equipment in any way and for any reason.
6.13 The Company reserves the right to charge the Subscriber the amount of the value of the equipment and/or suspend and/or disconnect the Services and/or terminate the Agreement and/or withhold all or part of the guarantee and/or the Subscriber may be prosecuted in case of violation of clause 6.12.
6.14 The Subscriber shall be held liable for any damage or loss caused to the Equipment, unless if such damage or loss is due to the Company or to its employees or representatives or due to defective construction or design or wear of the Equipment.
6.15 The Equipment is the exclusive ownership of the Company. In case of provision of the Equipment to the Subscriber without any charge and/or for free for commercial promotion purposes and/or otherwise, at the sole and absolute discretion of the Company, shall not in any way constitute transfer and/or free transfer of the ownership of the Equipment.
6.16 In case the Subscriber purchased the Equipment or any part thereof, the Subscriber is deemed to obtain a non-exclusive non-transferrable sub-license to the software of the Equipment and he shall be subject to any limitations imposed by the owner of such software and he shall at all times not make any unauthorized use of any such software.
6.17 Notwithstanding any other provision in clause 6., the Subscriber acknowledges and accepts that the Equipment provided by the Company is and/or may be activated or enabled for wireless broadband connection to the internet (“PTL WiFi”) and that the Company may use the Equipment to provide to subscribers other than the Subscriber the service of wireless broadband connection to the internet via PTL WiFi and the Subscriber, by signing the Agreement, consents for the Company to use the Equipment to provide the PTL WiFi service. Provided of course that in case that the Subscriber does not wish and notifies to this effect the Company or in case that the provision of the PTL WiFi service via the Equipment affects in any way the quality of the Services of the Subscriber, the Company must immediately deactivate the PTL WiFi service.
7 Credit Scoring, Guarantee and Account limit
7.1 The Subscriber hereby authorizes the Company to and accepts that the Company may, if it considers it necessary at its sole and absolute discretion, investigate the Subscriber’s creditability and solvency by using or not third parties’ services and that the Subscriber’s credit scoring may be reviewed by the Company from time to time, in order for the Company to ascertain whether it will give and/or continue to give to the Subscriber any credit and/or Services. The Company may decline to give credit or open and close an account without having to give any reason.
7.2 The Company may, if it considers it necessary at its sole and absolute discretion, to request from the Subscriber the payment of an amount as guarantee for the provision of the Services and/or of the MTS and/or of the Equipment and/or for the granting of any offer. The Company may, if it considers it fit at its sole and absolute discretion, request a different amount or kind of guarantee from a certain category of Subscribers and/or increase the amount of guarantee requested from the Subscriber.
7.3 The guarantee shall be returned to the Subscriber without any interest upon the expiry of the Agreement and provided that the Subscriber has settled all the amounts due to the Company and has returned to the Company the Equipment in good and operational condition.
7.4 In addition to the payment of the guarantee, the Company shall also have the right to impose a maximum limit on the Account. The Company may revise the maximum Account limit from time to time at its absolute discretion according to the actual charges appearing on the Account. In case that the Subscriber exceeds the maximum Account limit, the Company may, without any being obliged, disconnect or suspend or terminate the Service or the MTS or the Agreement. The Account limit refers exclusively to the credit worthiness and/or the history of the Subscriber and shall not constitute a measure or a tool of protection for the Subscriber’s or the Company’s systems. The Company shall not be liable in any way for not disconnecting or suspending or terminating, as aforesaid, due to excess of the Account limit.
8 Provision of information and data protection
8.1 The Subscriber hereby declares and confirms to the Company that all the information and/or personal data he has provided the Company is true and correct and that he shall be obliged to inform the Company of any changes to the information provided to the Company during the Agreement.
8.2 All information, documents, designs, technical or other specifications, or data notified and/or exchanged between the parties pursuant to the Agreement shall be confidential. This clause shall survive expiration or termination of the Agreement.
8.3 The Company and the Subscriber are bound against each other to treat in strict confidence and secrecy any information or data provided by the Company to the Subscriber and vice versa, for the purposes of or pursuant to the Agreement, unless the specific information is already in the public domain or its disclosure is necessary in accordance with a court judgment or order or with the applicable legislation for the time being.
8.4 In any event, the Company retains the right to process all and any information and/or personal data of the Subscriber provided under paragraph 1 of this Article. Moreover the Company may register and keep any details of use of the Services by the subscriber, for the purposes of proper and efficient internal operation such as:
· training and improvement of internal procedures
· improvement of customer services, including but not limited to informing subscribers on changes on Primetels’ services and products, on the creation of new, better packages, tailored to the needs of the customer and for sending informational material on PrimeTels’ products and services. PrimeTel may send information regarding products and services of third parties that PrimeTel deems of interest to the subscriber, provided that the subscriber previously consented to receive third party material. The subscriber may recall his consent at any given time. Any revocation of the consent does not influence any processing effectuated by the company previously.
The Company shall act always in accordance with the applicable legislation at the time and the terms of the Agreement.
The subscriber can modify his preferences on the material he receives and his contact preferences, at any given time, via “My Primetel”. For further information, please contact PrimeTels’ Customer Service Center at 133.
8.5 By signing the Agreement the Subscriber declares that he has been informed that the Company keeps a record of personal data. Hereby the Subscriber consents to the processing of personal data always in accordance with the legislation on Personal Data Protection applicable at the time, or any law amending or substituting the same, including the provision by the Company of information regarding the Subscriber and/or his Account and/or his Services pursuant to clauses 5.9.3 and 5.9.4 of the Agreement.
8.6 By signing the Agreement the Subscriber declares that he has been informed by the Company that the Company may, if requested by a third party with whom the Company co-operates and/or from whom the Company receives services and/or television content and/or channels which are provided by the Company to the Subscriber, provide such third party with details of the Subscriber, including name, address, address of his business or of the Premises and the type or kind of subscription that the Subscriber has with the Company with respect to such third party services exclusively in order to ascertain and/or confirm that the Subscribers’ subscription with respect to such third party services is not against any law or regulation or contractual obligation of the Company towards any such third party. The Subscriber hereby provides his explicit consent for the provision of such information by the Company to any third party as aforesaid.
9 Telephone Service
9.1 The Telephone Service concerns only fixed telephony of any kind (e.g. standard, voip, etc). The Fixed Monthly Charge shall not contain charges relating to telephone calls. Any charges relating to telephone calls shall be charged separately to the Account and the Subscriber shall be responsible for both the telephone calls and for any charges arising thereof.
9.2 Before signing the Agreement the Subscriber has been informed of the applicable at the time of signing of the Agreement charges for telephone calls and he accepts them. The charges applied each time for telephone calls are available on the website of the Company https://primetel.com.cy/.
9.3 The Subscriber shall be solely responsible and liable for the security of his systems, devices and equipment and for any breach, hacking or unauthorised used of them. The Subscriber shall be solely responsible and liable for any call charges in the Account irrespective if these arose as a consequence of any breach, hacking or unauthorised use of the Subscriber’s systems and/or devices and/or equipment and the Subscriber is obliged to pay to the Company any such amount charged in the Account. The Company shall have no responsibility or liability whatsoever for any breach, hacking or anauthorised use of the Subscriber’s systems, devices and equipment.
10 Mobile Telephony Service
10.1. The Company shall take reasonable endevours to provide quality Mobile Telephony 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 the Network is connected or connects.
10.2. Coverage and MTS 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 some or all of the MTS may not be received in certain areas or at certain times.
10.3. Coverage and MTS can change with Network expansion or reconfiguration.
10.4. Due to changes and advancements in the mobile telecommunications industry, the MTS may be changed, modified, advanced or removed. The Company will try to notify the Subscriber before doing so. If any of the new MTS require new or upgraded Mobile Phone or equipment, this will be the sole responsibility of the Subscriber.
10.5. MTS are provided to the Subscriber and when the Subscriber is out of Cyprus but the provision of MTS out of Cyprus may be subject to credit criteria and may be withheld and/or withdrawn anytime at the Company’s discretion. The terms and conditions upon which MTS and/or Mobile Phones may be used on overseas networks will depend on the country and the overseas networks. The Subscriber hereby declares and undertakes to comply with such terms and conditions at all times. Not all mobile phones will work with mobile services in countries outside Cyprus. The Company shall have no responsibility or liability in any such case.
10.6. In cases that MTS will be made available in countries where charges are not immediately available, those charges will be invoiced once and upon these are received by the Company.
10.7. The Subscriber hereby declares and agrees not to use the Mobile Phone or the MTS for any abusive, illegal or fraudulent purpose.
10.8. The Company can require from the Subscriber to stop using any Mobile Phone or SIM Card immediately and/or may suspend the MTS if the Company believes that it could cause interference, has been used in an illegal or an unethical way or to spam other users or are sending an excessive number of text or other messages or if it is not approved for use in connection with the MTS.
10.9. If the Mobile Phone is stolen or lost, the Company must be notified immediately in order to attempt to prevent further calls being made from it. The Subscriber shall be responsible for all calls made or services accessed from the Mobile Phone up to the time the Company is notified of its loss or theft and confirms to the Subscriber that it has Barred the MTS and/or the Mobile Phone.
10.10. Some Services are available via the internet and, although the Company will endeavor to maintain the security of information, the Company cannot guarantee that information received or supplied when using the Services will be secure at all times. The Subscribers acknowledges that Company is unable to exercise control over, and makes no representations or warranties concerning, the security or content of data or information passing over the Network and the internet.
10.11. Calls are charged per second and for some calls there may be minimum call charge. Each call made is charged at the rate which is applied when the call commences.
10.12. Calls to access the voicemail service will be charged.
10.13. In case a Mobile Phone is purchased as a package with an MTS or as part of an offer of the Company, this Mobile Phone may be locked to the SIM Card which forms part of the Network. An unlocking fee may apply if the Subscriber wishes to have the said Mobile Phone unlocked.
10.14. It is the Subscriber’s responsibility to have at all times control of the SIM Card. Even when the SIM Card or the Mobile Phone is not in the Subscriber’s possession, all charges for calls made using that SIM Card or the voicemail service will be debited to the Account. In case the SIM Card is lost or stolen the Subscriber should notify the Company immediately and request deactivation of the SIM Card. Until such notification is received by the Company and deactivation confirmed by the Company, the Subscriber shall be liable for any charges that arise.
10.15. If the Subscriber has acquired a Mobile Phone or other accessories, such as battery pack or mains charger, from the Company, all claims in relation to those products are covered by the relevant manufacturer warranty only, if any.
10.16. If the Mobile Phone does not support all of the MTS offered by the Company (either in Cyprus or abroad), the Company is not under any obligation to take any action so that any such services can be accessed. Features and access to content and MTS, may vary between different Mobile Phones.
10.17. If the Subscriber gets a Mobile Phone in a reduced price or free as part of a special offer, the Company reserves the right, in case of terminating the MTS during the Initial Duration, 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 the Company’s discretion.
10.18. Mobile phone numbers allocated to the Subscriber are primarily allocated to the Company upon a relevant decision of the Commissioner and the Company is the beneficiary of those numbers.
10.19. In case the Subscriber has reserved or chosen a particular number with the Company there may be limitations as to the transfer of this number to another operator, as set out in the Company’s Number Reservation Terms and Conditions.
10.20. The Company reserves the right to reject a number portability request in case there are outstanding amounts due to the Company until such amounts are paid in full.
11 Television Service
11.1 The television program as notified to and/or from the Company shall not be binding for the Company and/or the Company shall bear no responsibility for any change made or becomes necessary to the television program.
11.2 The content of the television program received by the Subscriber shall be only that available to or transmitted by the Company during the time of the provision of the Television Service, depending on the Service package the Subscriber has applied to receive, the technical characteristics or limitations of the Subscriber’s connection and depending on the TV decoder that the Subscriber has received.
11.3 Television Services may not be available and/or the full content of Television Services may not be available if the Subscriber does not have sufficiently adequate and/or appropriate, as this is determined and published by the Company, Internet speed or if the technical characteristics and/or limitations of Subscriber’s connection do not allow it.
11.4 The Company reserves the right to terminate or change any television channels or programs provided to the Subscriber.
11.5 Rebroadcasting, retransmission, duplication, copying, recording, transcription or distribution in any way of any television program received by the Subscriber pursuant to the Agreement is prohibited.
11.6 The Subscriber shall be obliged to report to the Company any non authorized reception of channels or programs. In opposite case the Company reserves the right to suspend and/or disconnect the Services, terminate the Agreement and/or withhold all or part of the guarantee.
12 Television Services on demand
12.1 The Subscriber must follow correctly the instructions appearing on his screen for the purchase of an Event. The Company shall bear no responsibility for any charge incurred by the Subscriber due to non compliance with the instructions for the purchase of an Event. Moreover, the Subscriber shall be responsible for the payment of all Events regardless if these were purchased with his knowledge and/or with his consent or not.
12.2 It is understood that in the case of Television Services on demand the Subscriber is charged per Event ordered according to the relevant charge appearing each time on the Subscriber’s screen before ordering an Event.
13 Internet Services and Interactive Services
13.1 The Subscriber accepts that due to the nature of the Internet Services and in particular of the fact that it is a shared service it is possible that the connection speed, either download or upload, may not always and/or at all times be at the maximum stated to the Subscriber’s service package. The connection speed stated on the Subscriber’s service package is the maximum possible speed of connecting to the internet and may be subject to limitations as a consequence of use of the internet by other subscribers or due to the quality of the telephone line or due to the distance of the Premises from the telecommunications cabin or of the networking and/or the infrastructure of the premises. The Company shall exert continuous efforts to provide speeds as near as possible to the maxim speed of the service package. Further information can be found at the https://primetel.com.cy/tos/additionalterms/. Provided that in case where the connection speed received by the Subscriber deviates substantially from the maximum speed of the service package(more than 30%) (ie. Beyond the minimum speed), the Subscriber shall be entitled to either downgrade the service package to a lower speed or to terminate the Agreement without any charge, provided however that the Subscriber shall pay to the Company all the amounts due pursuant to the Agreement until the effective date of termination and provided that in case the Subscriber received by the Company any offer or device (e.g. mobile phone, tablet, etc) clause 220.127.116.11 shall apply, if applicable ,shall apply. In case of a downgrade of services the consideration shall be adjusted accordingly.
13.2 Any use by the Subscriber of the Internet Services or Interactive Services in a way that affects the smooth use of the Service by other users shall constitute misuse of the Services for which the Subscriber may be prosecuted and/or constitute a civil offence.
13.3 The Company shall be entitled to monitor and control the volume of data transmitted through the Interactive Services and/or the Internet Services. In case that the Subscriber exceeds the permitted use limits which apply for the Internet Services or the Interactive Services the Company reserves the right to reduce, disconnect, suspend, readjust to a different speed and/or usage limit at a respective charge, or terminate the Internet Services and/or the Interactive Services.
13.4 Internet Services offered via Low Usage Package are limited to web browsing and the use of email services only and are subject to restrictions. The Subscriber understands and accepts that some web pages and/or all or some internet applications may not be accessible via the LUP and declares that he does not have any claim from the Company for this.
13.5 In case that any of the Interactive Services is subject to any separate charge for the reception of such specific service by the Subscriber, such charge as applies each time shall appear on the Subscriber’s screen before ordering and/or receiving this specific service. By accepting and/or using any of the Interactive Services and/or any of the Services with the use of the Interactive Services, the Subscriber declares that he accepts any charges associated with the Interactive Services and/or the Services.
14 Fair Use Policy and Acceptable Use Policy
14.1 The Subscriber shall be obliged and bound to fully comply with the FUP and the AUP of the Company as these apply each time. In case that the Subscriber violates any of the terms of the FUP or the AUP it shall be considered as breach of the terms of the Agreement and the Company may, without prejudice to any other of its rights, disconnect or suspend the Service or terminate the Agreement.
15.1 The Subscriber shall be responsible for the security and confidentiality of the PIN and in case of its disclosure or use by third parties without his consent the Subscriber shall be obliged to report this immediately to the Company. The Subscriber shall be responsible for any charges as a result of the use of the Subscriber’s PIN until the time that the Subscriber notifies the Company of any unauthorized use of the Subscriber’s PIN.
15.2 The Company shall be entitled, if it considers it fit or necessary, to change the PIN but must notify the Subscriber immediately of such change.
16 Exclusion of Liability
16.1 The Company shall bear no responsibility whatsoever for breach of the Agreement due to force majeure, act of god, fire, earthquake, war, terrorist act, natural disaster, flood, civil disorder, strikes or lockouts, uproar, governmental action or administrative act, legislation or any technical damage or interruption or damage in the fixed telecommunication network or telecommunication networks of third parties or any other cause beyond the Company’s control.
16.2 The Company is not responsible for the quality, adequacy and security of third party networks used and/or to be used for the provision of the Services or of the MTS, as well as for the non reception and/or satisfactory reception of the Services or of the MTS due to the device or the equipment of the Subscriber or to inappropriate use and/or misuse of the Equipment or to inadequate or inappropriate infrastructure of the Subscriber in the Premises (including cabling) and shall have no responsibility to replace, maintain, upgrade or fix either the equipment or the infrastructure of the Subscriber.
16.3 The Company shall bear no responsibility for any damage and/or harm incurred by the Subscriber and/or any third party due to the temporary and/or permanent disconnection of the Service.
16.4 The Company does not guarantee that the provision of the Services or of the MTS will be continuous, prompt, secured or inerrable or that the Services or the MTS will be available at any time or location.
16.5 The Company is not liable for any loss of profit, loss of business, loss of use, interruption of business, or other indirect, special, incidental, or consequential damage of any kind that may arise out of the interruption of Service, including without limitation, interruption due to Subscriber’s fault or for technical reasons or for reasons of maintenance or upgrade of the Services or of the MTS or of the Network, and is not liable for costs of procurement of substitute goods or services, nor for any charges on the Invoice or in the Account as a result of breach, hacking or anauthorised use of the Subscriber’s systems and/or Equipment and/or Mobile Phone and/or Services, for which charges the Subscriber shall be solely responsible and liable.
16.6 In case of disconnection and/or suspension of the Services or of the MTS for technical reasons or reasons of maintenance or upgrade, the Company shall give relevant notice to the Subscriber provided that this is practically feasible and shall make every effort to restore the Services or the MTS as soon as possible.
16.7 The Company shall not be liable for any advertisement, products, services, programs or other material available through the Service or the MTS or for any claim which is connected with the Service or the MTS or the use or content of the Service or the MTS.
16.8 The Company shall bear no responsibility whatsoever in case that the Subscriber uses the Services in an offensive, abusive, dishonest, indecent, disagreeable manner and in general in any manner which contravenes the good morals and/or legislation and/or violates the rights of any third party.
16.9 The Subscriber undertakes, accepts, agrees and is obliged to keep the Company covered and indemnified from any damage that the Company shall suffer due to a breach of the Agreement by the Subscriber and/or from any claim of any third party against the Company as a consequence of acts and/or omissions of the Subscriber and/or responsibilities undertaken by the Subscriber pursuant to the Agreement.
17 Whole Agreement/Amendment/Update
17.1 This Agreement constitutes the whole agreement between the Parties in relation to the Services and it replaces all previous agreements between the Parties for the provision by the Company to the Subscriber of any of the Company’s home services and/or packages.
17.2 The Company shall be entitled to amend and/or update the terms of the Agreement, including the charges, if the Company considers it necessary or if this is imposed by the amendment of any law or regulation or after a decree or directives of any regulatory, judiciary, governmental or other competent Authority or if the Company considers at its absolute discretion that this is required for purposes of maintaining or improving the Services or for rendering better and/or more efficient operation of the Company, or for purposes of uniformity and equal treatment of all its subscribers or for any other reason the Company considers it necessary.
17.3 Any amendment and/or update shall be published at the website of the Company or in the daily press and shall come into force from the date specified by the Company.
17.4 It is understood that the Company will give to the Subscriber thirty (30) days notice for the proposed amendment, either by notification to the Subscriber or by announcement in the daily press or on the Company’s website. The Subscriber is obliged to visit the Company’s website regularly and update himself with the updated terms of the Agreement. In case that the Subscriber does not accept any of the amended terms, excluding any amendments resulting from the amendment of any law or regulation or after a decree or directives of any regulatory, judiciary, governmental or other competent Authority, or from the updating of the terms of the Agreement as a consequence of their constant review and update by the Company and provided that such an amendment does not have a material adverse effect on the Subscriber’s rights he may terminate the Agreement without any penalty, within the above mentioned period of thirty (30) days, with written notice to the Company in which it will be stated that the reason for terminating is the non acceptance of the amendments and specifying as well which amendment or amendments he does not accept. Upon expiration of the aforesaid thirty (30) day period, it is deemed that the Subscriber accepts the amendments and the Agreement is amended accordingly.
18 Suspension /termination/cancellation/damages/reconnection
18.1 The Subscriber shall be obliged to pay all reconnection or disconnection expenses as well as any other expenses and/or charges that may arise due to any suspension and/or disconnection and/or termination and/or cancellation of the Services or the MTS.
18.2 Without prejudice to any other provision of termination of the Agreement either party reserves the right to terminate the Agreement without any penalty in the following cases:
18.2.1 if the Company terminates its operations in relation to the Services or the MTS for any reason,
18.2.2 if the level of provision of Services is not in accordance with the Decree,
18.2.3 if it is established by the Company that the quality of the Service was degraded in accordance with clause 2.6 or it is not the agreed one,
18.2.4 if the MTS cannot be activated due to a defective SIM Card as provided in clause 3.2,
18.2.5 if the Subscriber or the Company requests non renewal of the Initial Duration in accordance with clause 4.2,
18.2.6 if the Subscriber or the Company after the expiry of the Initial Duration request, by giving written notice, that the Agreement be terminated.
18.2.7 if the Subscriber does not accept pursuant to clause 17.4 of the Agreement any amendment made to the Agreement in accordance with clause 17.2.
18.2.8 if it is terminated pursuant to the Law and its provisions.
18.3 In case that the Subscriber is in breach of any of the terms of the Agreement and/or the Subscriber does not pay any amounts due for any of the Services or the MTS, the Company shall be entitled to terminate the Agreement and/or to suspend and/or interrupt the Services and/or the MTS with a written notice of immediate effect. During the period of the suspension and/or the interruption of the Services and/or the MTS, the Subscriber will be charged and he will be obliged to pay the fixed monthly charges that will arise and/or will become payable during the suspension and/or interruption period.
18.4 The Subscriber shall be entitled to terminate the Agreement with a notice in writing within thirty (30) days from the date of finding out any violation of a term of the Agreement by the Company.
18.5 On the expiry or termination of the Agreement (for any reason) the Subscriber shall be obliged to return the Equipment to the Company in good and operational condition within three (3) days from the date of the termination or expiration of the Agreement, otherwise the Subscriber shall be liable to pay the value of the Equipment.
18.6 In every case of termination of the Agreement the Subscriber shall be obliged to pay every remaining amount due to the Company. It is understood that the Subscriber shall continue to be charged and be obliged to pay any amounts arising for the Services, irrespective of whether the Subscriber was receiving the Services or not, until the date the Equipment is delivered to the Company, unless the Subscriber returned the Equipment in accordance with clause 18.5.
18.7 Any issue that will arise in relation to damage and/or refund shall be regulated according to the breach, its duration and seriousness, the duration of the agreement, the liability of the Parties, including possible co-liability and the efforts of each Party to resolve any problem. Provided that nothing in this clause shall limit either Party’s right to apply for remedy to the appropriate court.
18.8. Especially in the event that the Company does not resolve a technical malfunction (where the service is out of function) within three (3) business days, the Company will indemnify the Subscriber for each calendar day when the Service is out of function with the amount corresponding to 1 / 30 of monthly subscription. It is clarified that the maximum compensation is limited to 1 month fee unless the technical damage is not resolved within thirty (30) days.
It is clarified that if the quality of the service is deemed unsatisfactory by the Subscriber, but the service is not out of function, then the compensation will be adjusted to the breach, the duration and severity of the breach and the maximum compensation is limited to 1 month fee, unless the failure is not resolved within thirty (30) days.
18.9. It is clarified that the term 18.8 above does not apply in the event of delay in the provision and / or installation of the Services and / or in the cases referred to in clauses 2, 5.9 and 6 or in the remedying of damage not due to the fault of the Company. Events that may be a cause of delay that are not due to the Company’s fault include the following:
18.9.1. Damage caused on the Company’s network by others, other than the Company
18.9.2. Damage caused outside the Company’s network, but affects the provision of the Services.
18.9.3. When there is no availability of Services due to scheduled Company operations.
18.9.4. Inappropriate collaboration of the Subscriber with the Company’s officers and / or pending actions on behalf of the Subscriber.
18.9.5. Force majeure and / or other events, acts or omission beyond the reasonable control of the Company.
18.9.6. Any other action not controlled by the Company such as non-observance of deadlines by third parties or lack of materials on the market.
18.9.7. Damage caused by Subscriber’s Terminal Equipment.
18.9.8. When a fault has been reported but was not detected by the Company after performing an audit.
18.9.9. When the Company does not have access to the Subscriber’s site.
18.9.10. When the use of the Services does not comply with the General Terms and Conditions of Service and the Specific Terms and Conditions where applicable.
18.9.11. When the use of the Services is in violation of national and international regulations and / or legislation of the Republic of Cyprus.
18.9.12. Lack of available network resources or if network expansion is deemed necessary.
18.9.13. In cases where the Company offers to the Subscriber an alternative.
19.1. Any notice of the Company to the Subscriber in relation to the Agreement may be given via the Invoice or email or telefax or an announcement in the press or an announcement in the Company’s website or sms to the Subscriber’s mobile.
19.2. Any notice of the Subscriber to the Company must be in writing either by letter or by telefax or by email.
19.3. In case of change of any details of the Subscriber (personal or contact) the Subscriber must notify the Company of the new details within five (5) days from their amendment, otherwise any notice of the Company given to the stated on the Provision of Services Agreement or to the last stated address or telefax number or email address or mobile telephone number, shall be deemed a valid notice for the purposes of the Agreement.
20 Law/Jurisdiction/Settlement of Disputes
20.1 The Agreement shall be governed and interpreted in accordance with the laws of the Republic of Cyprus.
20.2 Jurisdiction for the settlement of any dispute that may arise pursuant to the Agreement shall have the competent courts of the Republic of Cyprus.
20.3 Notwithstanding clause 20.2, if upon exhaustion of complaint handling procedures by the Company, the Subscriber is dissatisfied, he may apply to the Commissioner according to the applicable Law for the settlement of any dispute or disagreement that may arise pursuant to the Agreement. The Subscriber must submit his complaint in writing, while enclosing the written response he has received from the Company. More information about the Commissioner can be found at the link: http://www.ocecpr.org.cy/
20.4. Notwithstanding clause 20.2 and clause 20.3, if upon termination of the complaint handling procedures by the Company the Subscriber is unsatisfied, he / she is entitled to refer to Electronic Dispute Resolution in accordance with the provisions of the law for resolving any dispute or disagreement arising under the Agreement. More information can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
20.5 All the terms of the Agreement are essential and breach of any term by the contracting parties is material and entitles the innocent party to terminate the Agreement and claim lawful damages.
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