The following are the Standard Terms of Agreement (“the Terms”) applicable in respect of a Melita Bundle (“Bundle” or “Bundles”) being provided to you (“the Customer”) by Melita plc (“Melita”). A Bundle is available to new or existing customers taking all of Melita’s Services (subject to status and credit checks).
A Bundle may not be combined with other offers or discounts on your Melita services, including other bundle and/or VIP offers, unless specified by Melita. The Bundle is only available to customers with no outstanding balance on their account(s), who have agreed to sign up for consolidated billing (where available).
A Customer subscribing to a Bundle shall be liable to pay a monthly recurring service fee, which fee covers the monthly charges for the bundled services. The monthly service fee does not include amounts due by the Customer for calls made using our post-paid telephony service, and other non-recurring charges such as installation costs, hardware rental charges, connection and/or relocation fees, pay-per-view television and video-on-demand charges and one-time activation fees.
1. DEFINITIONS
“Customer” and “you” means the person named on the Melita Services Application as the Account Holder and “your” shall be construed accordingly.
“Equipment” means any of the following that Melita may supply to you: set-top box, remote, cable, cable modem, any other hardware or software, the lines and equipment including the cable drop to your premises provided by Melita to you for the installation of and access to the Services. In case of ADSL Service, Equipment includes an ADSL modem. The phone, if any, supplied with ‘Melita’s Starter Packs does not form part of Equipment.
“Melita” and “we” means Melita plc and “our” and “us” shall be construed accordingly.
“Network” means the system consisting of an HFC (hybrid fibre/coax) network used by Melita to connect to individual premises throughout Malta.
“Service” or “Services” means Melita’s publicly available telephony service, Melita’ Cable TV Services and Melita’s data services including Internet access, being provided further to this Agreement. Unless the context suggests otherwise, the word “Service” or “Services” as used in this agreement shall apply for all of Melita’s bundled services.
2. SERVICES
Once your application for Services has been approved and you are connected to the Network you will be provided with the Services requested.
We do not have to connect the Equipment at the installation address or provide you with the Services if:
a. the installation address is outside our service area or in a part of our service area where no cable has been laid, or we are unable to activate the Service on your line or at your premises for any other reason;
b. it is not practical to carry out the connection for health and safety reasons;
c. you do not qualify under our current credit policy;
d. you have previously misused any of Melita’s Services.
Melita reserves the right to deny Service to any Customer with a history of failure to pay charges or fees for any of Melita’s services promptly, or with a history of destruction of or tampering with the Equipment or violation of any portion of any service Agreement.
Melita reserves the right to deny Service to any Customer who does not provide us with sufficient proof that he either owns the premises where Service is being requested, or if not the owner, has been a tenant of the premises for a period of not less than six months. A copy of a service utility bill shall be deemed as sufficient proof for the purpose of this clause.
Following installation of the Equipment and immediately upon first use by the Customer of the Services the following terms and conditions will apply and shall have the force of law between Melita and the Customer.
Customer acknowledges and agrees that Melita may proceed with processing the application and providing the Service, and that in so doing Melita is in no way prejudicing the Customer’s right to cancel this agreement in terms of clause 8 below.
3. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
We will endeavour to provide reliable and high quality Services. We are however unable to guarantee that our Services will be uninterrupted or fault free. Melita shall not be held responsible for any interruption beyond its control. In any case, neither party shall be held liable for defaults due to circumstances considered to be force majeure.
We will endeavour to resolve any complaints that you may have regarding the Services as soon as possible. Support for network or Equipment faults is normally not available outside of normal business hours.
In the event of a fault occurring to Melita’s installation or Equipment affecting your Service, Melita shall without charge carry out corrective maintenance as soon as possible after notification by you. In the event of loss of the Service due to the fault of Melita lasting 24 consecutive hours or more after you have reported the problem, you shall be entitled to a prorated credit. If Melita’s services are requested without justification (e.g. the fault is in your television set or pc, or the fault to Melita’s Equipment was caused by you or your equipment), you shall pay to Melita the then current service charge for service calls at your residence.
We may occasionally monitor and record calls made to or by us relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services, including complaint handling.
We specifically exclude any liability arising from (a) access delays or interruptions; (b) loss or liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Services; (c) loss or liability resulting from the acts and/or omissions of Melita unless this is attributable to fraud or gross negligence of Melita or of its employees or other Melita users and (d) any error or omission of the Customer; (e) any loss of service arising from power outages. For data and telephony services, Customer may opt to install a battery backup cable modem at the agreed charges to limit the loss of service due to power outages.
We reserve the right to:
a. suspend the Services without notice, if at any time the Network breaks down or requires maintenance or for any reason specified in clause 9 of this agreement;
b. change the Services or any of their features at any time for a valid reason, after giving notice by e-mail, by post at the Customer’s last known address and by posting information on our website where applicable. Notification of any such changes will be provided to the Customer at least 30 days prior to the proposed change. You have a right to terminate the agreement during the said notice period without penalty. In case of no response, your continued usage of our Services will be deemed acceptance of the changes to the Service;
c. remove any material that violates our policies or applicable law;
d. hold you liable for any damages resulting from the violation of any of our policies or breach of this agreement;
e. block access to the Services if we are so required to do by any applicable law or following a lawful order issued by any competent court, tribunal or authority;
f. make, on lawful request by the relevant authorities, data available which might be used for criminal or other police or governmental investigations;
g. take any other action granted by law to safeguard our statutory rights arising out of this agreement.
Cable TV services: All programming, programme services, channel allocations and channels are subject to change at Melita’s absolute discretion. Customer acknowledges that many of the channels delivered by Melita over the cable network are under the control of third parties, and as such, Melita is not responsible for their content, or for any changes in the scheduling or availability of specific programmes. Parental control is available for those subscribing to a service requiring a set-top box. The Electronic Programming Guide (the `EPG’) programming guide provided by Melita is correct at the time of preparation. Programmes are subject to change without prior notice at the Channel’s own discretion.
Telephony services: If the number of calls or charges for calls made by you has increased to such an extent that it appears, in our reasonable opinion, that the Services are not being used in a manner consistent with your previous use, we reserve the right to suspend the telephony services, ask you to make a payment of a deposit as security for your charges; and/or prevent you from making international calls and/or premium rated calls. We will make reasonable efforts to contact you before we proceed with any of the above, but we are not liable if we do not.
Data services: due to contention on the telecommunications network and other factors outside our control, speed may vary from time to time. Therefore we cannot guarantee that maximum transmission speeds of the Service can be obtained at any time. We specifically exclude any liability arising from access delays or interruptions. We cannot guarantee security and we strongly recommend that in view of the ‘always-on’ nature of the Service you make use of additional security products such as personal firewalls and Anti-Virus software. We reserve the right to check the suitability of your computer equipment before agreeing to provide you with the Services. We will also check that your existing computer equipment is working properly before and after installation. You must check that our installation of Equipment in your computer will not invalidate any computer warranty you may have, and you should back up all data before installation of our Equipment. We do not guarantee that the installation of Equipment on your computer will not disrupt its normal operations or that it will not cause the loss of data or the loss or damage of software or hardware. We exclude all liability in this regard. We are not responsible if you are not able to use the Services because your equipment does not work properly or is not compatible with the Network or Equipment.
We reserve the right to monitor and control data volume and/or types of traffic transmitted via your Service and in the event your use of Service risks degradation of service levels to other customers, puts our system at risk, is not in keeping with acceptable use and/or does not comply with these Terms (including our Acceptable Use Policy), we reserve the right to reduce, suspend or terminate your Service or restrict certain type of traffic on your Service. During any time of reduction, suspension or restriction you will remain liable for the payment of your Service charge.
4. YOUR RESPONSIBILITIES
You must give us promptly and accurately all the information which may be needed so that we can perform our obligations under this agreement. You must notify us immediately if any of your personal details in the application for Services change.
Once you have been connected to our Services, you must confirm that the installation of the Equipment and the provision of Services have been completed to your satisfaction. You are responsible for all costs of installation including any additional costs resulting from non-routine installations. We will advise you of any additional costs for non-routine installations prior to carrying out the work. Extensions in multiple rooms are considered as non-routine installations and are carried out at an additional cost.
You agree to follow instructions given by us regarding use of the Equipment and the Services and agree to use the Equipment and the Services for lawful purposes only.
Cable TV services: You acknowledge and agree to use Melita’s Cable TV signal and Equipment solely for the Customer’s private and non-commercial use. You shall not make any other or additional use thereof without the specific consent of Melita. Unauthorised use shall be subject to charges to the Customer to repair, replace or restore the Equipment to its original use. You further acknowledge and agree that this agreement does not give you the right to record all or any part of the programming or programme services or permit any other person to do so for any purpose whatsoever without the prior written consent of Melita.
Telephony services: You acknowledge and agree that you cannot use or permit anyone to use the Services:
a. for any illegal purpose;
b. to interfere with the use of the Equipment or the Services by other customers or disrupt the Services;
c. in a way that would be a breach of privacy or confidentiality;
d. in a way that would breach the fair use or similar usage policies of any network to which access is gained;
e. in contravention of instructions given by Melita;
f. to harass, threaten, embarrass or cause distress, unwanted attention or discomfort to any other person.
You agree that:
a. as the registered user of the account you are responsible for your account and you will keep the password and/or PIN, if any, secure and not let it become public knowledge and will not be stored anywhere on a computer in plain text;
b. if the password/PIN, if any, becomes known to any other unauthorised user you will either change the password by using the facilities provided by Melita on-line or inform Melita immediately;
c. you shall not use, and shall not authorise, permit or tolerate any other party to use, the Service for the transmission of any material which is in violation of any law, regulation, guideline, decision or directive in force in Malta or which is defamatory, menacing, obscene, in breach of third party intellectual or industrial property rights or in breach of trade secrets or for the purposes of harassing third parties.
d. you are solely responsible for the communication, in whatever form, originating from the use of the Service. You agree to immediately notify Melita of any unauthorised or illegal use of the Service of which you become aware.
Data services: When using the Services, you agree to comply with our Acceptable Use Policy as specified hereunder: In particular, but without prejudice to the generality of the foregoing, you must not:
a. use the Service to commit a criminal offence or in any case for any illegal purpose;
b. use the Service to seek unauthorised access to any computer systems;
c. seek unauthorised access or distribution of any software, data, or material protected by trade secret, copyright, patent or other intellectual property rights;
d. engage in excessive data transfer which disrupts other users’ experience;
e. interfere with the use of the Equipment or the Services by other customers or disrupt the Services;
f. use the service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort to any other person;
g. post or transmit any unsolicited advertising, promotional material or other forms of solicitation, commonly referred to as ‘spam’ by email, webmail or other electronic means to any person, except in those areas that are designated for such a purpose;
h. knowingly or recklessly transmit a computer virus to another user or the Internet;
i. use the Service in a way that would be a breach of privacy or confidentiality;
j. use the Service in a way that would breach the fair use or similar usage policies of any network to which access is gained;
k. do anything which is in contravention of instructions given by Melita;
l. post, transmit, receive, upload or download any R-rated, sexually explicit, threatening, abusive, harassing, defamatory, indecent, racially, ethnically or otherwise objectionable or offensive material;
m. corrupt data, and/or circumvent or seek to circumvent any of the security safeguards of Melita or any of its suppliers;
n. employ a misleading email address or name or alter or falsify information in the header, footer, return path or any part of any communication, including without limitation any email transmitted through the Service;
o. connect more than one PC to the service nor allow simultaneous access using the same log-in;
p. connect a router or a proxy server;
q. attempt to discover (crack) the user identification or security of a host, network or account. This includes, without limitation, requesting data not intended for you, logging into a server or an account which you are not authorised to access, or testing its security without the permission of its owner;
r. attempt to disrupt any service, host or network. This includes, but is not limited to, the flooding of networks, deliberate attempts to overload a system or attempts to crash a system.
s. harass third parties through the use of language, the number of messages or the size of a message;
t. send any messages to persons who do not wish to receive them (junk mail). Should a recipient indicate that he does not wish to receive any further email, this request must be complied with immediately;
u. send or forward any chain letters, even if requested by the recipient;
v. permit any third party to do any of the above.
You must keep the user name and password confidential and secure. You must not disclose any passwords or account information to third parties. You are responsible for the security of your personal identification number (“PIN”) and we take no responsibility for the security of the PIN after allocation.
Notwithstanding our right to reduce, suspend or terminate the Services or restrict certain types of traffic, if you abuse the Service or breach these Terms, we may send you a formal warning specifying the unacceptable conduct and a notification by us that repeated breaches may result in temporary or permanent disconnection. If we apply a temporary suspension or restriction on you, we may lift this at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. All cases will be considered individually on their merits.
If you damage any system or network you may be prosecuted. We will co-operate fully in efforts to trace such violations and will disclose user data and log files to the judicial authorities if requested.
You are responsible for the use of the Services by any person who accesses the Services through your computer, under your screen name or password.
Use of the Services may allow you to access certain information, products and services from persons other than us for which there is a charge, including certain on-line services. You are solely responsible for the payment of all such fees or charges for on-line services, products or information. You agree to indemnify us against any claim of third parties with respect to the use of any such services, products or information. We do not endorse or warrant any third party products, services or content that are distributed or advertised over, or are accessible via, the Services.
You hereby agree to indemnify and hold Melita harmless from and against any claim brought by any third party resulting from your use of the Services and in respect of any losses, costs, actions, claims, damages, expenses or liabilities whatsoever suffered or incurred by Melita in consequence of your breach of the agreement.
5. CHARGES AND FEES
We will provide you with the Service from date of activation to the date of use of all the pre-purchased value, if any; or the expiry of designated time window, if applicable; or up to the value of approved credit limit; or until the contract is terminated in accordance with the terms hereof.
Charges for Service start as of the date Service is installed and the charges, including the connection fee, shall be at the rates established by Melita, subject to lawful change at the discretion of Melita. Melita will give the Customer 30 days’ written notice of such changes in rates. Such new charges shall be considered to form part of this agreement and shall apply on the expiry of the said notice period. If the charges for Service are increased, you have the right to terminate the agreement without penalty during the 30 day notice period. If you do not give us notice of cancellation within the stipulated time, we will assume that you have accepted the increase in charges.
We will send copies of your account, to the last address you have notified us of. We will assume that accounts sent to you by post have arrived three days after posting. You must pay all charges listed on your account no later than the due date for payment specified on the account. You are responsible for charges for the Services no matter who uses them. Any account not paid to us directly or through one of our authorised agents, if any, by the due date will be deemed to be overdue and shall be liable to any consequence specified in this agreement.
If you believe that a mistake has been made on your account, you must notify us before the due date for payment as specified on the invoice.
We reserve the right to back-bill you for any Services provided. You are responsible for paying charges for Services, even if the charges were in error omitted from your prior invoices.
Any amounts that are overdue are subject to interest at the then maximum rate allowed by law, until the date that they are paid by you. If any cheque or direct debit is cancelled or is not cleared by your bank, we are entitled to charge you a default fee not to exceed €46.09.
Customer requests for change in Service, electronically or through the telephone, may only do so by upgrading into a new Bundle. In this case, Customers do not require a new agreement and shall continue to be regulated by this agreement. Any such upgrade shall be subject to all appropriate transaction charges and monthly charges. Any objection to a telephone order must be made in writing within 7 days from receipt of invoice. Customers, who at the time of commencement of this agreement are subscribed to a particular Bundle, may upgrade and subsequently downgrade their Bundle during the Initial Term, as long as they retain the Bundle they had subscribed to on commencement of this agreement. Premium channels can be added and removed at any time during the term of this agreement. Any upgrade shall be subscribed to for a minimum period of one month. Any Customers wishing to downgrade from a Melita Bundle to an individual service shall be required to sign a new agreement, provided however that the Customer may only do so upon expiry of the Initial Term.
We are entitled to carry out a credit check on you at any time. We will do this by making searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register, as well as information obtained from the Malta Association of Credit Management (MACM), of which Melita is member. We may use credit-scoring methods to assess the application and to confirm your identity. We may use the information obtained from credit searches and from other lawful sources to take any credit decision affecting this agreement.
If at any time during the term of the agreement you fail to meet our credit conditions we may enforce any credit limits on your account, restrict the level of Services we provide to you, only allow certain methods of payment and/or suspend some or all of the Services at any time when you reach the limits established until we have received the full payment of any charges you owe under this Agreement.
If Services are disconnected because of non-payment of an account, you will have to pay any disconnection and reconnection fees and any other fees or expenses which we reasonably incur or apply in collecting overdue amounts from you, including collection agent, attorney and judicial fees and expenses.
Telephony services: You will be charged the applicable rates whether by paying in advance or by direct debit or any other method as may be determined by Melita from time to time. All rates are quoted per minute but billing is on a per second basis. Rates are subject to lawful change at the discretion of Melita in accordance to the table of Rates as published from time to time by Melita on the website. Melita will give the Customer adequate prior notice of such changes in rates. Such new charges shall be considered to form part of this agreement and shall apply on the expiry of the said notice period. Melita does not provide itemised billing as a standard service but will provide itemised billing, at a charge, for all types of Services when specifically requested by the Customer. Itemised billing is not available for Melita’s pre-paid service.
Cable TV services: As a Customer to Melita’s digital TV service, you shall pay a connection fee for each set-top box installed at your premises at the rate current at the time of subscription. If, upon subscription to Melita’s digital service, you are a Customer to Melita’s analogue TV service having paid a refundable deposit (or part thereof) on the analogue set-top box, you agree to return to Melita the analogue TV set-top box/es in your possession. Customer agrees that the refundable deposit (or part thereof) paid on the analogue converter(s) shall not be refunded but shall be used as full or part payment for the connection fee.
6. EQUIPMENT
We will at all times remain the owner of the Equipment and notwithstanding that you may have paid a deposit in respect of some of the Equipment and that some of the Equipment is fixed into your premises, none of the Equipment will become a fixture, but shall remain our property. We may add or substitute Equipment at our sole discretion.
We shall only be responsible for the proper operation of our Equipment. You agree to provide, be responsible for and maintain your own equipment through which the Service may be accessed and/or used and Melita shall not be responsible in any way for any loss or damage caused to equipment which is your property, as a result of its use with our Equipment.
You warrant that the Equipment shall be properly maintained and that you will keep the Equipment safe and secure at all times. You agree to inform us immediately if there is any problem with the Equipment or if the Equipment is damaged, lost or stolen.
You agree not to move (or allow to be moved) any of our Equipment from the position where it has been connected by us and shall in no case move (or allow to be moved) any such Equipment from the installation address for the Services provided to you in terms of this agreement without our permission. If you are intending to move or carry out renovations on your premises, please contact us and we will arrange for one of our representatives to visit you and advise you of what work is required to relocate our Equipment and the connection to the Network. If you move to another address, either temporarily or permanently, and you want to transfer the Services to the new address, you will have to pay a Service Transfer charge.
Destruction, theft, tampering, or abuse of Equipment will result in forfeiture of any deposit paid on installation for the Equipment. In addition, you shall be solely responsible for the repair or replacement of Equipment which is lost, tampered, stolen or damaged under your control. You agree to also indemnify Melita in respect of any other damages Melita may suffer.
You agree to comply with all of Melita’s and/or manufacturer’s instructions relation to the use of the Equipment. Any improper use might lead to the termination of this agreement.
You agree to entrust the repairs and maintenance of Melita’s Equipment exclusively to Melita.
You agree not pledge or dispose of Melita’s Equipment in any way whatsoever.
Cable TV Services: You agree not to connect more than one television set to any outlet installed by Melita. You agree not make any extension or alterations, or tamper with Melita’s cable television signals or Equipment at any time. Customers requesting that their antennae or dish be dismantled will pay the then current applicable charge. Customers requesting that their antennae be re-installed, either at time of disconnect or at any time, will pay the then current charges applicable. If the Customer requests that Melita take the antennae with them, the antennae will not be returned to the Customer.
7. ACCESS
You hereby irrevocably give permission to Melita and any of its employees or third party contractors to:
a. Execute any works on the property compromised in/on your premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement or removal of cable telecommunication apparatus;
b. Keep the cable telecommunication apparatus installed on, under or over the premises;
c. Enter the premises, during reasonable hours, to inspect any cable telecommunication apparatus, or the in-the-home Equipment for the purpose of Melita’s Network.
We undertake to cause as little disturbance, damage and inconvenience as is reasonably possible when exercising any of our rights under this agreement. Melita shall make good (to the reasonable satisfaction of the Customer) any damage that Melita may cause to the premises. Such damage must be reported to Melita’s head office within 7 days of its occurrence.
You will provide safe access to Melita’s representatives at all reasonable times to enter your premises to install, connect, disconnect, inspect, alter, remove, re-install, and service any Equipment. Melita’s representatives will carry a personal identity card. You may refuse to give access to your premises if no identity card is produced.
You acknowledge that if you prevent Melita’s representatives from accessing your premises without justification, Melita may treat this as a breach of agreement, which may then lead to disconnection.
8. CANCELLATION POLICY
Notwithstanding any other clause in this agreement, a Customer is entitled, within 30 days from the date of this agreement, to cancel this agreement without incurring penalty and without giving any reason, by giving a Notice of Cancellation, expressing his intention to cancel the agreement.
A Notice of Cancellation will be properly given if the Customer gives notice in one of the following ways:
a. by leaving a notice addressed to Melita at our address, in which case notice is said to have been given on the day on which it was left at our address; or
b. by posting the notice to Melita at our address, in which case notice is said to have been given on the day it was posted.
It is advisable to keep some evidence of having given your Notice of Cancellation.
If an agreement is cancelled in accordance with the above, this agreement shall be deemed as terminated and the relative clauses of this agreement shall apply. Charges for Services shall be legally due and collectible up to the date of cancellation. Installation costs are not refundable.
9. TERM and TERMINATION
If not cancelled in accordance with clause 8 above, this Agreement shall be valid for a period of 15 (fifteen) months (“the Initial Term”) and you can opt to terminate the agreement on expiry of the Initial Term, by giving at least 1 (one) month prior notice in writing. If you terminate the agreement before the lapse of the Initial Term, you shall be liable to pay to Melita all outstanding amounts on your bill and the monthly charges for the remaining months of the Initial Term.
If not terminated in terms of the above, this agreement shall be automatically renewed and shall remain valid until you exercise you right to terminate as stipulated below.
Subject to the above, you may subsequently terminate this Agreement at any time by giving 1 (month) month written notice to Melita.
Once your agreement with us has been terminated, we shall stop providing you with Services and we may deactivate the Equipment. Upon termination, you must pay all charges listed on your account. You are responsible for all charges for the Services on your account no matter who uses them. You must return our Equipment to us, or make it available for collection. If you opt for the latter, you shall be charged a Collection of Equipment charge of €25 (Lm10.73). If you return our Equipment within 15 days from the date of termination, you shall not incur any additional charges. If you fail to return the Equipment within the stipulated 15 days, we reserve the right to continue billing you for the Services until our Equipment is returned to us and to charge you the Collection of Equipment charge as the case may be. If you fail to return or make available any Equipment for collection for any reason within 90 days from termination of this agreement, you may be charged for any such Equipment, including the replacement cost and reasonable recovery costs. If we hold any money as deposit for Equipment, you may lose the right to recover that money.
Without prejudice to the Initial Term and to other clauses in this agreement, Service may be disconnected promptly and without notice by Melita, if:
a. you fail to pay any charges for Service you are liable to pay under this agreement;
b. you become insolvent or bankrupt, you enter into any arrangement with your creditors or if any legal action is taken or threatened against your property;
c. you or another person at your premises have committed, or may be committing, any fraud against us or against any other person or organisation by using the Services or Equipment;
d. you have breached this agreement and have not remedied the breach within 7 days of our notification of the breach;
e. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services and/or the Equipment or at any time during the duration of this agreement;
f. the provision of the Service to the Customer could give rise to or cause disruption to the Services offered by Melita to its other subscribers;
g. our authority to operate as a public communications provider is terminated or suspended for any reason; or
h. we are required to comply with an order, request or decision by any governmental or regulatory authority.
Charges for Services up to the date of disconnection will be legally due and collectable. If we disconnect your Service because you failed to pay for the charges you are liable to pay, we will be entitled to recover from you all costs of collection, interest not exceeding the maximum allowed by law, legal fees, as well as any disconnection fees applicable at the time.
If we discovered that you received Services from us without our permission, we will also be entitled to charge you for any usage charges relating to those Services. If you break this agreement by committing fraud or illegal activity, we will report you to the police, who may take legal action against you.
If we breach any clause of this agreement, you are entitled to terminate the agreement without incurring penalty. Provided however, that we are given a cure period of not less than 7 days within which we can rectify our position. The 7 day cure period shall start running from the date you send us a notice in writing, specifying the nature of the breach.
Where Services have been terminated, any email and web space, data, all email addresses and any other features provided as part of the Services will be deleted and we regret to inform you that we will be unable to retrieve this data. We will not be able to re-assign the same email address to you at a later date if you decide to re-activate the Service.
Where Services have been terminated, and Customer wishes to restore his Services, Customer has to pay any past due amounts on his bill as well as any reconnection fees applicable at the time, before Service is restored.
Termination of your agreement with us shall not reduce our rights or remedies for recovery of outstanding debts or damages from you.
Upon termination of your agreement with us, none of your rights under these terms arising before termination will be affected. Any of these terms which are intended to apply after termination will continue to apply.
10. SUSPENSION AND VARIATION
Melita may, without terminating the Service, suspend provision of any Service in whole or in part, until further notice, with immediate effect if we:
(a) have reason to terminate the Services in accordance with clause 9 of this agreement;
(b) need to carry out work relating to upgrading or maintenance of the Service or the Network;
(c) need to provide support for any technical failure, modification or maintenance of the Service provided that we will use our reasonable endeavours to procure the resumption of the Services as early as possible.
(d) become aware or has reasonable cause to believe that fraudulent or illegal use of the Service is taking place with or without the Customer’s knowledge;
(e) has reason to believe that you have provided us with false, inaccurate or misleading information for the purpose of obtaining the Services and/or Equipment.
Any suspension or unavailability of the Service shall be without prejudice to any other right or remedy which may be competent to Melita but shall not give rise to any claim by the Customer including, without limitation, to any claim for rebate or refund of any fees paid by him/her.
Melita shall have the right to vary this agreement at any time by giving you 30 days’ written notice of such amendments and such amendments shall automatically become part of this agreement at the end of the said notice period. If you do not accept any such amendments, you have the right to terminate the agreement without incurring any penalty during the 30 day notice period.
11. LIMITATION OF LIABILITY
Except as set out in this agreement but without prejudice to the generality of the foregoing, you shall hold Melita harmless from and indemnify Melita for:
a. any direct physical damage to your property unless caused by our negligence or the negligence of our employees, agents or contractors while acting in the course of their employment;
b. indirect or consequential damages; or for
c. loss of profits, business or revenue.
This limitation applies for the benefit of Melita, our parent, subsidiary and related companies, our and their employees, agents or contractors.
Without prejudice to the foregoing, the total liability of Melita (if any) arising out of this agreement, in any one year, shall not in any circumstances exceed the total sum of charges paid by you for the Services in that year.
12. MISCELLANEOUS
We may transfer our rights and obligations under this agreement. If we do this we will give you notice. You may not transfer your rights or obligations under this agreement.
This agreement contains the whole agreement between you and us and any previous agreement in respect of the Services to be provided pursuant hereto is revoked by this agreement. Nothing which is said to you by or on our behalf forms part of this agreement.
If for any reason any term of this agreement cannot be enforced or relied upon, all other terms of this agreement shall remain valid and binding.
Headings to the articles of the agreement are for ease of reference only and shall not affect the interpretation or construction thereof.
The failure of either party to insist upon strict performance of any provision of this Agreement, or to exercise any right or remedy to which it is entitled under or in connection with this Agreement, shall not constitute a waiver thereof, and any waiver of any default shall not constitute a waiver of any subsequent default.
Any notices we or you give each other shall be in writing and must be delivered by hand, sent by fax, by email or ordinary post to you at your registered address or email address or to us at Melita Ltd, Gasan Centre, Triq il-Merghat, Zone 1, Central Business District, Birkirkara, CBD 1020. Any written notice sent to you by us is deemed to have been received by you three days after being posted to your last known address known by us.
This Agreement shall be governed, construed and interpreted in accordance with the Laws of the Republic of Malta. The parties submit to the jurisdiction of the courts of Malta.
13. DATA PROTECTION NOTICE
Your personal details shall be processed by Melita, any of its subsidiary companies, any related company, by their staff and employees as follows:
We shall process your personal data according to the Data Protection Act 2001 (Chapter 440 of the Laws of Malta) for various purposes including:
a. providing the services contemplated in the agreement
b. the process of Audit and Debt collection,
c. statistical purposes.
You acknowledge and agree that any information kept by us in relation to this agreement, including the nature of your transactions, may be disclosed to Banks, Financial Institutions, the Malta Communications Authority, Police and/or the Security Service and other regulatory bodies as may be required by law.
You acknowledge and agree that we may contact you by mail, telephone, email, electronic messaging including text messaging or fax for the purpose of providing service and billing information and updates, for credit scoring purposes and other customer services.
You acknowledge and agree that, for training purposes and to improve the quality of its customer services including complaint handling, Melita may occasionally monitor and record calls made to or by it relating to customer services and telemarketing.
You acknowledge and agree that your personal data shall be used and processed for the purpose of direct marketing and promotion, and that we may send you information about other products and services supplied by us or any of our subsidiary companies, by mail, telephone, email, electronic messaging including text messaging or fax.
You may, by written notice to Melita, oppose the processing of your personal data for direct marketing purposes.
You acknowledge and agree that upon disconnection, your personal data shall be retained and processed by Melita, its subsidiaries or any authorised third party, for a period of 6 (six) months, in order to carry out studies and/or surveys on the service provided.
We shall process your personal data according to the principles, ethics and guidelines of The Malta Association of Credit Management (MACM), of which Melita is a member. In case of any default by you in the fulfilment of any terms of this agreement, we reserve the right to pass on any information or references contained herein to MACM as well as to any third party legally entitled to receive such information.
Under the Data Protection Act 2001 (Chapter 440 of the Laws of Malta) you can exercise your right to access and see the personal records held about you. You can ask for corrections, amendments and, where applicable the erasing of such personal data that has not been processed in accordance with the Act. You acknowledge that it is in your interest to advise Melita of any changes in your status so that Melita’s records are kept up to date.
Telephony services: We may decide to introduce a directory and/or enquiry service. We can put your name, address and telephone number for the Service in all versions of our directory and/or enquiry information service. However, we will not do so if you ask us not to in the Application (i.e. you request to be ex-directory). If you exercise this option your details will not appear in any version of our directory and/or enquiry services, and your number will not appear on any calling line display screen that any third party whom you call may have.
14. LAWFUL INTERCEPT & DATA RETENTION
You acknowledge that Melita is obliged to provide the Services in conformity with Maltese Law including laws dealing with Data Retention and Lawful Intercept. Accordingly we reserve the right to store and forward any records, data and recordings to the relevant authorities when requested to do so by a lawful order of the Police, Court, Tribunal or Regulatory Body.
15. ACCESS TO EMERGENCY SERVICES
In the case of telephony, Customers wishing to call the emergency services can call the short code number as may be applicable from time to time. Currently the number is 112.
Melita declares and the customer acknowledges that the equipment is dependent on electricity for performance. Accordingly, in the event of power outages the service (including access to emergency services) will not be available. Provided however, that where the customer has, on his request, been provisioned with a battery back-up cable modem and where the customer has followed the instructions of the battery back-up cable modem, then the service may be available for a limited time period which time period will not exceed 5 hours and a minimum of 3 hours in standby mode.
Where the customer chooses not to install a power back-up facility, the customer is then responsible for the inability to make calls to emergency services in the event of any power cut or failure in the respective network.
16. SCHEDULE OF CHARGES
Collection of Equipment: €25
Reconnection charge: €15.91 Removal of additional outlet: €15.91
Relocation of outlet: €15.91
Service call charge: €15.91
Service transfer charge: €31.82
Lost, stolen or damaged converter: €208.87
Lost, stolen or damaged remote: €29.89 Lost, stolen or damaged Smart Card €27.95
Lost, stolen or damaged modem: €116.47