Residential Subscribers

1. OBJECT AND INTERPRETATION

1.1. The relationship between the Registered Residential Subscriber (“You”) and GO plc, bearing company registration number C 22334 (“We” / “Us”), for the provision of the Service at the Residential Premises, shall be regulated by the terms and conditions of television service below (“Conditions”).

1.2. These Conditions shall, together with the Schedule of Charges, form an integral part of the Agreement and shall have the force of law between the parties.

1.3. The following terms shall respectively have the following meanings:

(i) “Agreement” means the Television Service Agreement or the Bundle Service Agreement (where the bundled services include inter alia the Service), as the case may be, that We have entered into with You and which contains all the details necessary for the provision of the Service.

(ii) “Commencement Date” means: (a) in those circumstances where the Service is installed by Us, the date on which We make such installation at the Residential Premises; (b) in those circumstances where the Service is not installed by Us, the date on which You purchase the self-installation pack from Us.

(iii) “Equipment” means any aerial, cable, set-top box / decoder (including the conditional access card), remote control and any other line and equipment that We may supply to You for the installation of and access to the Service;

(iv) “Extended Term” means the further monthly periods for which the Agreement shall be automatically extended beyond the Initial Term;

(v) “GO Group” means the group of companies consisting of GO plc (C 22334) and all of its subsidiaries and associated companies;

(vi) “Initial Term” means the initial period of the Agreement, which is indicated therein and which starts to run from the Commencement Date;

(vii) “Package/s” means a set of television channels predetermined and offered to You by Us and taken up by You subject to Condition 5 below;

(viii) “Residential Premises” means the residential premises indicated in the Agreement as the premises at which You are requesting Us to provide You with the Service;

(ix) “Registered Residential Subscriber” means the person indicated as such in the Agreement, and “You” / “Yourself” / “Your” shall be construed accordingly;

(x) “Schedule of Charges” means the list of any and all fees and charges related to the Service, as amended by Us from time to time;

(xi) “Service” means the Digital Terrestrial Television (DTTV) service that You require from Us, as indicated in the Agreement, and which may, where relevant, be provided within the context of any Package or Packages;

(xii) “We” means GO plc (C 22334), and “Us” / “Our” shall be construed accordingly.

(xiii) “Working Day” means any day from Monday to Friday between 09H00 and 17H00 and excluding public holidays.

1.4. Nothing in these Conditions shall be interpreted as making any channel or programme providers, with whom We have separate agreements, party hereto.

2. CONDITIONS FOR PROVIDING THE SERVICE

2.1. The following Conditions must all be satisfied in order that We may provide You with the Service within ten (10) Working Days from date of order:

(i) The Residential Premises must be covered by an adequate digital terrestrial signal;

(ii) You must provide Us with any and all access to any part of the building housing the Residential Premises that We deem necessary in order to install any of the Equipment necessary for the provision of the Service;

(iii) You acknowledge that should You not be in a position to accept the first available installation appointment offered to You then We cannot ensure that You will be provided with the Service within ten (10) Working Days;

(iv) You must have leased or bought a digital set-top box / decoder and leased a conditional access card from Us;

(v) There must not be any health and safety issues that prohibit Us from carrying out the installation and providing You with the Service;

(vi) You must qualify under Our current credit policy;

(vii) You must not have a history of failure to pay charges or fees for any of Our services by their due date;

(viii) You must not have previously misused any of Our services, destroyed or tampered with any of Our equipment or breached any agreement with Us; and

(ix) On Our request You must provide Us with sufficient evidence that You own the Residential Premises or that You have been a tenant thereof for a period of not less than six (6) months prior to the Commencement Date.

(x) Where delays beyond the stipulated timeframe as indicated in clause 2.1 above are incurred by Us without justification or for reasons within Our control, You will have the right to terminate the Agreement without incurring any penalties. In this case, any and all Equipment issued by Us to You for the purposes of this Agreement shall be returned unused by You to Us in the original packaging on the same day in which You terminate the Agreement. You further acknowledge that We reserve the right to charge a fee for unreturned, used or damaged Equipment.

3. ACCESS

3.1. You hereby expressly allow Us and any of Our employees or third party contractors to:

(i) execute any works in / on the Residential Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement or removal of the Equipment;

(ii) enter the Residential Premises during reasonable hours to inspect the Equipment and any other equipment relating thereto, as We may deem necessary in order to provide You with the Service.

3.2. You will provide safe access to Our representatives at all reasonable times to enter the Residential Premises to install, connect, disconnect, inspect, alter, remove, re-install, and service any Equipment. Our representative will carry relevant identification. Only if Our representative does not provide You with such identification may You refuse to grant the said access. You acknowledge that if You prevent Our representatives from accessing the Residential Premises without justification, We may treat this as a breach of these Conditions and cease to provide You with the Service.

4. PROPER USE OF THE SERVICE

4.1. You undertake at all times:

(i) to use the Equipment with maximum care and diligence;

(ii) not to tamper with the Equipment or use it for any purpose not authorized by Us;

(iii) not to transfer the conditional access card to any different set-top box / decoder whatsoever other than the set-top box / decoder indicated in Condition 2.1.(iii) above;

(iv) to report and inform Us immediately if or when any of the Equipment is lost, stolen, damaged or faulty. In the event of full Service unavailability We shall, as soon as reasonably possible and within four (4) working days after We receive such notification from You, seek to rectify such fault subject to You accepting the first available appointment and excluding force majeure, damage or disruptions caused by third parties. We shall not charge You for such works unless the cause is attributable to You (for example, if the cause is attributable to a fault in Your television set or to the tuning of Your television set and/or VCR/DVD), in which event You shall incur the then current service charge for service calls at the Residential Premises as indicated in the Schedule of Charges. You shall be entitled to a pro-rated credit in the event of loss of the Service due to Our fault, provided that such loss lasts twenty-four (24) consecutive hours or longer from when We receive Your report of such fault and provided further that such fault is not due to a force majeure circumstance as stated in Condition 6.6 below.

(v) to comply with any and all Our requests to replace Your conditional access card at any time that We may deem necessary for any reason whatsoever including but not limited to security reasons;

(vi) to return the set-top box, remote control and conditional access card that We have provided You with, whenever We so request You and in any event immediately upon the expiry or prior termination of the Agreement;

(vii) to comply with all Your obligations under these Conditions;

(viii) to make use of the Service only in the Residential Premises and keep the Equipment installed at all times in/on the Residential Premises;

(ix) to make use of the Service only for Your private and non-commercial purposes. Should You use the Service for any use other than this, You shall bear any and all charges relating to any repair, replacement or restoration of the Equipment to its original use;

(x) not to move or allow to be moved any Equipment from the position where it has been connected by Us without our written consent. In the event that You intend to carry out any renovations in the Residential Premises, You shall inform Us of the same in order that We may advise You on the type of work that may be required to relocate Our Equipment. Furthermore, in the event that You relocate to another address and You wish to transfer the Service to such new address, You will be required to pay Us a service charge as indicated in the Schedule of Charges.

(xi) to report to Us the unauthorised reception of any channels or programmes;

(xii) not to tamper with Our television signals;

(xiii) not to copy, record, redistribute or relay, in whole or in part, any of the channels or programmes received through the Service, not to sell or impose any charge for watching any channel or programme, and not to show any channel or programme in public to an audience outside the Residential Premises even if no charge is made. You further undertake to prohibit any third party from doing the same. Any such breach shall trigger the application of Condition 6 below. We shall not be liable in any manner and to any extent in respect of any third party claims (including, without limitation, claims made by programme providers) that may arise as a result of a breach by You or by any third party of this Condition 4.1(xiii);

(xiv) to stop using the Service immediately upon the expiry or prior termination, for whatever reason, of the Agreement;

(xv) not to assign or transfer the Equipment to any third party;

(xvi) to use the Equipment exclusively for the Service; and

(xvii) to use the Service in accordance with such reasonable instructions as We may give you from time to time.

4.2. In the event of any unauthorized use for which You or any third party acting on Your behalf or authorized or allowed by You are/is responsible, You shall be obliged to repair, replace and / or restore the Equipment to its original use, and to this end You shall be liable to pay all related costs, expenses and charges.

5. PACKAGES

5.1. We shall provide You with a choice of Packages aimed at providing a suitable variety of high quality and cost-effective digital entertainment services.

5.2. Once You select a Package/s, We shall, subject to these Conditions, provide You with access to all the channels that form part of that Package/s.

5.3. We reserve the right to vary or change without notice the channel line-up included in any Package:

(i) as a result of circumstances independent of Our control including decisions of programme providers, technical difficulties, or any unforeseeable circumstances;

(ii) as a consequence of the termination of any particular agreement that We may have with any particular channel or programme provider, or

(iii) for reasons aimed at the improvement of the Service offered.

(iv) The above notwithstanding, We will notify You of any such variation or change by means of a notice on the television interface of the Service or on the bill or otherwise in writing, if, within any rolling twelve (12) month period during the currency of this Agreement, We vary or change channels in the Package to which You are subscribed by more than fifteen percent (15%), subject to a minimum of five (5) channels. In any such event, You have the right to withdraw from this television agreement without penalty. You must inform Us in writing of such wish to withdraw within thirty (30) days of Us notifying You of the variation or change. Failure to so notify Us in writing will constitute an irrevocable acceptance on Your part of any such variation or change for as long as You remain subscribed to the Service. You will not have the right to withdraw from this Agreement if at the time of signing of this Agreement You were informed that specific content is for a limited period of time or if the content is provided free of charge (excluding the network access fee). For the avoidance of any doubt, You hereby acknowledge and agree that this sub-clause 5.3(iv) shall not be applicable in the event of increases in the amount of channels provided within the Package to which You are subscribed.

5.4. You may, at any time within the Initial Term (and the Extended Term, if any) and subject to paying all the relevant charges, upgrade the Service to any Package tier above the chosen tier indicated in the Agreement and / or take up any additional services or stand-alone premium channels or programmes that are not included in the chosen Package indicated in the Agreement, as We may offer You from time to time. You cannot however choose individual channels from within any Package.

5.5. In the event that You choose to upgrade the level of Your Service in either of the methods contemplated by Condition 5.4, You shall be bound to retain this upgrade for a period of one (1) month from such date.

5.6 You may upgrade and subsequently downgrade the level of Your Service at any time during the Initial Term provided that for the duration of the Initial Term you do not downgrade the level of Your Service to one that is lower than that chosen by You on the Commencement Date.

5.7 Any objection to a sales order must be made in writing within seven (7) days of receipt of invoice.

6. LIABILITY

6.1. We shall not be liable for any loss or damage whatsoever, whether direct or indirect, incidental or consequential, sustained by You or by any third party in relation to the Service, except in those circumstances expressly contemplated by these Conditions.

6.2. Without limitation to the generality of Condition 6.1, We shall not be liable for any loss or damage, whether direct or indirect, incidental or consequential, sustained by You or by any third party in relation to the Service, as a result of:

(i) changes to programme content and programming schedules, failure to transmit a channel for any temporary period of time. All programming, programme services, channel allocations and channels are subject to change in Our absolute discretion. The Electronic Programming Guide (EPG) provided to You by Us is correct at the time of preparation; programmes are subject to change without prior notice at the particular channel’s own discretion.

(ii) bad reception or picture degradation, when such changes / failures result from circumstances beyond Our control including but not limited to decisions of programme providers or technical difficulties;

(iii) the incorrect functioning or the incompatibility of any equipment, including but not limited to set-top boxes / decoders and / or antennas, supplied and / or installed by third parties who are not authorized by Us

(iv) the use of any of Your equipment (including, without limitation, Your television set, VCR, DVD, monitor) together with the set-top box / decoder and conditional access card provided to You by Us;

(v) a breach by You of Your guarantee given in Condition 7.2 below. In any such event, You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of Your breach;

(vi) a breach by You of Condition 4.1. In any such event, You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of Your breach.

6.3. Without prejudice to anything contained in these Conditions, Our liability if any shall not exceed the total amount of charges paid by You for the Service in the particular year that the liability arises.

6.4. Without prejudice to anything contained in these Conditions, You shall:

(i) hold us harmless from any direct physical damage to Your property unless caused by Our negligence or the negligence of any company in the GO Group or any of Our employees, agents or sub-contractors;

(ii) indemnify us for loss of profits, business or revenue sustained by Us, any company in the GO Group or any of Our employees, agents or sub-contractors.

6.5. In the event of any loss or theft of or damage to any equipment provided to You by Us, including without limitation loss of or damage to the conditional access card or the set-top box / decoder and remote control, You shall pay Us any and all damages arising from the said loss, theft or damage, in the amounts laid down in the Schedule of Charges.

6.6. Neither party shall be held liable for defaults due to circumstances considered to be force majeure.

7. GUARANTEES

7.1. We do not guarantee that Our digital terrestrial signal covers the whole of the territories of Malta, Gozo and Comino. In the event that You require any additional equipment at the Residential Premises as a result of lack of coverage, You shall bear the full cost in relation thereto.

7.2. You hereby guarantee that You are in possession of any and all permits and / or authorisations required for the installation and / or wiring of the Equipment.

7.3. You hereby further guarantee that the Equipment shall at all times be properly maintained and kept safe and secure. In the event that the Equipment or any part thereof is damaged, lost or stolen, You undertake to inform Us immediately thereof.

8. LEASE OF SET-TOP BOXES, CONDITIONAL ACCESS CARDS AND ANY OTHER EQUIPMENT FROM US

8.1. The set-top box / decoder, the conditional access card and any other Equipment leased to You by Us shall at all times remain Our exclusive property, this notwithstanding any charges that You may have paid in regard thereto. This rule is without prejudice to Your ownership of any set-top box / decoder that You may have bought (not leased) from Us.

8.2. We shall only be responsible for the proper operation of the set-top box / decoder.

8.3. You shall bear any cost and expense of batteries required to operate the set-top box / decoder, its relative remote control and the conditional access card.

8.4. The conditional access card acts as a key so that You can unlock the encrypted Service. The possession of the conditional access card does not automatically entitle You to the provision of the Service.

8.5. You agree not to pledge or dispose of the Equipment in any manner whatsoever.

9. FEES AND CHARGES

9.1. You shall be charged for any applicable installation fees and other charges as well as for use of the Service at the rates established by Us from the date on which We enable your set-top box and conditional access card to receive the Service under the Agreement.

9.2. All rates, charges, fees and penalties, including but not limited to maintenance fees, applicable to the Service are listed in the Schedule of Charges. All such amounts are indicated exclusive of all taxes imposed or levied, and any such taxes must therefore be paid in addition to the indicated amounts. The Schedule of Charges may be varied and / or amended by Us from time to time in accordance with Condition 12.

9.3. Any and all charges related to the use of the Service and the Equipment shall be invoiced to You by Us monthly, or at the agreed billing period, in advance, depending on Your agreement with Us, and are to be settled by You upon receipt of such invoice (the “Due Date”). We reserve the right to back-bill you for the Service provided to You by Us. You hereby undertake to pay such charges for the Service even if they would have erroneously been omitted from any of Your prior invoices.

9.4. In default of payment by the Due Date, We reserve the right to disconnect You from the Service promptly and without notice. We further reserve the right to levy a late payment fee as well as charge interest for late payment at the maximum rate allowed by law.

9.5. If any cheques, credit cards or standing orders that You provide to Us are returned for insufficient funds or for any other reason, We shall be entitled to impose a penalty on You as indicated in the Schedule of Charges.

9.6. We also reserve the right to carry out a credit check on You at any time. In default of payment of any amount due to Us, We shall be entitled to give Your details to one or more credit reference agencies, their members and any third party to whom We are obliged or authorized to transfer such credit-related data by or under any law. If at any time You fail to meet Our credit conditions, We may further enforce any credit limits on Your account, restrict the Service, only allow certain specified methods of payment and / or suspend the Service (or other services of Ours that We currently provide to You) when You reach the credit established until We receive the full payment of any and all charges that are due by You.

9.7. Should You wish to query any amount invoiced to You by Us, You must notify Us before the Due Date of payment as indicated on the invoice in question. During the period when We would be investigating such query, and provided that You would have paid the portion of the invoiced amount that would not be in dispute, We will not disconnect the Service or divulge any credit-related data concerning You to any credit reference agency or other third party before We notify You of the conclusion of the said investigation and You subsequently fail to pay any such amount due.

9.8 You acknowledge that We reserve the right to establish from time to time accepted methods of payment of such invoices. The accepted methods of payment shall be stated in Your invoice. You further acknowledge that any changes to the accepted methods of payment shall not be deemed to constitute a change to the applicable Terms and Conditions.

9.9 If You pay Your Invoice by certain payment methods and by the Due Date You may be entitled to a discount on your invoice (but not on any arrears) as indicated in the Schedule of Charges.

9.10 Prior to suspension and/or termination of the Service, We shall endeavour to notify You. This notwithstanding, in the event of persistent late or non-payment for the Service, We reserve the right to disconnect the Service without notice. We further reserve the right to levy a charge and subsequent interest for late payment as specified in the Schedule of Charges.

10. CANCELLATION / INTERRUPTION / SUSPENSION / TERMINATION OF THE SERVICE AND CONSEQUENCES THEREOF

10.1. The Agreement shall remain valid and in force for the whole duration of the Initial Term and of any subsequent Extended Term unless it is terminated in accordance with the provisions of this Condition 10.

10.2. Should You decide to terminate the Agreement prior to the expiry of the Initial Term or the Extended Term, as applicable, You must give Us fifteen (15) days prior written notice thereof. Such notice will only be valid if it is made in writing and posted to Our Sales and Customer Care Representatives at PO Box 40, Marsa or personally delivered to our Sales and Customer Care Representatives at any of Our GO outlets. Such notice will be deemed to have been made on the date on which it is received at Our offices or the date on which You personally deliver it.
Should You terminate the Agreement in this manner, You shall be bound to pay Us the balance of all the charges for the Service until the date on which You return to Us the equipment indicated in Condition 10.3(ii) below.
You shall not be entitled to reimbursement of any charges whatsoever (including but not limited to any penalty charges and/or the connection fee).

10.3. Upon termination:

(i) You must settle all outstanding charges listed on Your account;

(ii) You must, within the fifteen (15) days notice period indicated in Condition 10.2 above return to Us all set top boxes, conditional access cards and remote controls provided to You by Us in order to enable You to use the Service. Failure to return such equipment within the said 15 days shall entitle Us to charge You a recovery cost and/ or a penalty charge for each unreturned set top box, remote control and conditional access card as indicated in the Schedule of Charges.

(iii) We shall stop providing You with the Service and shall deactivate all the Equipment on the date on which We receive from You the equipment indicated in Condition 10.3 (ii);

(iv) Charges for the Service shall only cease from the date on which, in accordance with this Condition 10, We receive from You (a) a notice of Your termination of the Service and (b) the equipment indicated in Condition 10.3(ii). Provided that if You return the set top box to Us in a damaged state, We shall be entitled to charge You a penalty.

10.4. Without prejudice to any right arising hereunder or by virtue of any other law or practice, We may at Our discretion promptly terminate the provision of the Service to You without the need of any prior notification in the event that You:

(i) breach any of the conditions laid out herein;

(ii) fail to pay any amounts that You are liable to pay to Us hereunder;

(iii) become insolvent or bankrupt, You enter into any arrangement with your creditors or legal action is taken or threatened against Your property;

(iv) or another person at Your premises have committed or may be committing any fraud against Us or against any other person by using the Service or any related equipment;;

(v) provide Us with false, inaccurate or misleading information at any time during the duration of the Agreement; or

(vi) tamper with any equipment that We provide You with.

10.5. You are liable to pay all charges for the Service up to the date indicated in Condition 10.3(iv). If We disconnect Your Service because You failed to pay any dues, We shall be entitled to recover from You all costs and charges relating to collection, interest, legal fees and any then current disconnection fees. If We discover that You received services from Us without Our permission, We will further charge You for any usage charges relating to such services. If You breach the Agreement by committing fraud or illegal activity, We shall report you to the police, who will take the appropriate legal action against You.

10.6. We may also interrupt, suspend or terminate the provision of the Service without any prior notification to You in any of the following circumstances:

(i) in fulfillment of any instructions requested by governmental or regulatory authorities;

(ii) for the purposes of repair, maintenance, improvement of the network or other operational reasons;

(iii) for health and safety considerations; and

(iv) for any other reason beyond Our control.

10.7. Where reasonably possible We shall provide You with adequate notice prior to the interruption, suspension or termination of the Service and where relevant We undertake to restore the provision of the Service without unnecessary delay.

10.8. Should You decide to reactivate the Service following termination, You shall be required to settle all outstanding dues that You may have with Us on Your account as well as a reconnection charge as indicated in the Schedule of Charges.

11. DATA PROTECTION

Please refer to the Data Protection Annex at the end of your contract.

12. SERVICE PROMISE

12.1 We shall do Our utmost to provide a continuous and good Service however You acknowledge that problems may arise. In such cases, You may report the matter to Us for further investigation and You may escalate the matter if You are not satisfied with the outcome. The procedure to be followed in such cases is available in the Help and Support section on GO website. A printed copy may also be obtained from one of Our retail outlets.

12.2 In certain cases, You may be entitled to compensation for the loss of Service. Further details on the circumstance entitling You to compensation and on the maximum amount to which You are entitled to are available in the Help and Support section on GO website. A printed copy may also be obtained from one of Our retail outlets.

12.3 We acknowledge that should you believe that the Service being provided to You deviates from the contracted Service, then You may contact Us as outlined in clause 12.1 above. If, after due investigation, it results that We cannot provide the contracted Service, You shall have the right to rescind the contract without incurring any penalty charges.

13. AMENDMENTS

13.1. We may amend the Agreement, these Conditions and/or the Schedule of Charges at any time. We will notify You of the changes by means of a notice on the television interface of the Service or on the bill or otherwise in writing. Should You not wish to accept the changes, You must inform Us in writing of such non-acceptance within thirty (30) days of Us notifying You of the changes and you will then have the right to withdraw from this Agreement without penalty. Failure to so notify Us in writing of such non-acceptance will constitute an irrevocable acceptance on Your part of any such changes for as long as You remain subscribed to the Service.

14. ASSIGNMENT

14.1. You shall not assign or transfer the Agreement in whole or in part to any third party whomsoever.

14.2. We may, for business reasons, assign or transfer any of Our rights and obligations under the Agreement at any time in Our sole discretion.

15. SEVERABILITY

15.1 The validity or unenforceability for any reason of any part of the Agreement, these Conditions, and/or the Schedule of Charges, shall not prejudice or affect the validity or enforceability of the remainder thereof.

16. JURISDICTION, APPLICABLE LAW, LANGUAGE

16.1. The Agreement shall be governed and construed in accordance with the laws of Malta. The parties irrevocably submit to the jurisdiction of the courts of Malta or any other competent tribunal at law in case of any dispute.

16.2 In the event of any conflict between the English and the Maltese versions of the Agreement, these Conditions, and/or the Schedule of Charges, the English version thereof shall prevail.

Residential Subscribers

1. OBJECT AND INTERPRETATION

1.1. The relationship between the Registered Residential Subscriber (“You”) and GO (“We”/”Us”/”Our”), for the provision of the Service at the Residential Premises, shall be regulated by the Agreement.
1.2. These Terms and Conditions shall, together with any applicable General Terms and Conditions and the Schedule of Charges, form an integral part of the Agreement and shall have the force of law between the parties.
1.3. The following terms shall respectively have the following meanings:

(i) “Agreement” means, subject to Clause 1.2 above, the Television Service Agreement or, where applicable, the Bundle Service Agreement as the case may be, that We have entered into with You and which contains the details necessary for the provision of the Service.

(ii) “Commencement Date” means: (a) in those circumstances where the Service is installed by Us, the date on which We make such installation at the Residential Premises; (b) in those circumstances where the Service is not installed by Us, the date on which You purchase the self-installation pack from Us.

(iii) “Content” means any audio, visual and audiovisual content, namely the television programs included in the Packages, the Electronic Programme Guide, content featuring in the any of the on demand services, and any interactive content whether related or not to the television programs

(iv) “Decoder” means a set top box (with or without a hard disc) provided by Us to You for use with the Service, along with any software contained in or downloaded to the set top box as part of the Service

(v) “Electronic Program Guide” (EPG) means the service available via the TV interface that allows You to consult the programming information relating to the services available in the Packages.

(vi) “Equipment” means, without limitation, any, cable, modem, Decoder , remote control and any other equipment that We may lease to You for the installation of and access to the Service;

(vii) “Exchange Line” means a circuit provided as part of an installation for the purpose of keeping that installation in connection with a Telephone Exchange.

(viii) “Extended Term” means the further monthly periods for which the Agreement shall be automatically extended beyond the Initial Term;

(ix) “GO” means GO p.l.c., bearing company registration number C22334, and having as its registered address, GO, Triq Fra Diegu, Marsa. MRS 1501, and “We/Us/Our” shall be construed accordingly.

(x) “GO Group” means the group of companies consisting of GO, its parent, subsidiary, and associated companies;

(xi) “GO Website” means the website found at the GO website link.

(xii) “Initial Term” means the initial period of the Agreement, which is indicated therein and which starts to run from the Commencement Date;

(xiii) “Interactive Services” means access to an interactive environment such as time-shift features including but not limited to pause, fast forward, rewind, catch up tv and restart, the Electronic Programme Guide, certain web applications adapted to the Service, interactive Content whether or not related to the television programs, and any other on demand service whether it is being provided to You with or without a charge.

(xiv) “Package/s” means a set of predetermined television channels and/or Programming, which are available to a designated Service and offered to You by Us and taken up by You subject to Clause 6 below;

(xv) “Programming” means content provided by Us or Our third-party licensors, providers or suppliers and provided as part of and included with the Service and/or Packages, including, without limitation, images, photographs, animations, video programming, information services, audio, music, and text, irrespective of the manner or format in which such content is delivered.

(xvi) “Residential Premises” means the residential premises indicated in the Agreement as the premises at which You are requesting Us to provide You with the Service and in which the Services are actually installed;

(xvii) “Registered Residential Subscriber” means the person indicated as such in the Agreement, and “You” / “Yourself” / “Your” shall be construed accordingly;

(xviii) “Schedule of Charges” means the list of any and all fees and charges related to the Service, as applicable and in force from time to time;

(xix) “Service” means the Internet Protocol Television (IPTV) service, delivered over Our IPTV enabled broadband network, as indicated in the Agreement, and which may, subject to Our commercial rollout and the overall technical capacities applicable to Your particular situation be in either Standard Definition (SD), High Definition (HD), or any other format whether now known or developed in the future;

(xx) “Telephone Exchange” means switching equipment or apparatus which forms part of the Public Switched Telephone Network and includes the building or vehicle housing such equipment or apparatus;

(xxi) “Territory” means the Republic of Malta;

(xxii) “User” means any person viewing, accessing and/or making use of the Service whether with Your knowledge and/or consent or not;

(xxiii) “Working Day” means any day from Monday to Friday between 09H00 and 17H00 and excluding public holidays.

1.4. In the Agreement:

(i) A reference to a gender, applies to all genders.

(ii) The singular tense shall include the plural and vice-versa.

(iii) Headings to clauses in the Agreement, including these Terms and Conditions, are for ease of reference only and do not affect the interpretation of the Agreement.

(iv) References to statutes and other laws, are taken to refer to amendments of those statutes or laws from time to time.

(v) A reference to a party includes a reference to his successors in title and permitted assigns.

1.5. Nothing in these Terms and Conditions shall be interpreted as making any channel or programme providers, with whom We have separate agreements, party hereto.

2. CONDITIONS FOR PROVIDING THE SERVICE

2.1. The following conditions must all be satisfied in order that We may provide You with the Service:

(i) You must be the Registered Residential Subscriber to any of Our post paid Exchange Line services which is capable of sufficient capacity, as being compatible with the Service;

(ii) There must not be any technical or other reason preventing Us from providing You with the Service. Without prejudice to the generality of this condition, You acknowledge that the Exchange Line mentioned in Clause 2.1 (i) above must be located within the geographical area covered by the IPTV service and is qualified by Us as being compatible with such a service when the subscription is taken out and when the Decoder is activated;

(iii) You must provide Us with any and all access to any part of the building housing the Residential Premises that We deem necessary in order to install any of the Equipment necessary for the provision of the Service;

(iv) You must have leased or bought a modem, Decoder, as the case may be, from Us;

(v) There must not be any health and safety issues that prevent and/or hinder Us from carrying out the installation and providing You with the Service;

(vi) You must be credit worthy and must not have a history of non or irregular payments for any other services provided by Us or the GO Group;

(vii) You must not have previously misused any of Our services, destroyed or tampered with any of Our equipment or breached any agreement with Us; and

(viii) On Our request You must provide Us with sufficient evidence that You own the Residential Premises or that You have been a tenant thereof for a period of not less than six (6) months prior to the Commencement Date.

2.2 You acknowledge that as the Service is delivered over Our broadband network, bandwidth is shared with Your internet service in those instances where services are provided on the same Exchange Line.

2.3 Requests made to Us relating to the provision of the Service are to be made by the submission by You of a duly completed and signed request on the proper forms. For clarity, We reserve the right to provide for agreements and/or any amendments thereto or to the Service, including for any add-ons, to be effected by electronic means or password controlled systems, in which event the term ‘signature’ or ‘signed’ shall be construed accordingly to mean any electronic signature or password controlled method of manifesting consent.

2.4 We reserve the right to request that You produce such evidence, as We may consider necessary, in support of your request. If any information provided by You proves to be incomplete or incorrect, We reserve the right not to process your request to provide the Service. In the event that the Service has already been given and it later results that the information provided by You is incomplete or incorrect, We reserve the right to suspend and/or terminate the Service. You shall, notwithstanding such suspension, still remain liable for any charges due to Us prior to the suspension and/or eventual termination of the Service as well as any additional charges and/or penalties levied as a direct consequence of the suspension and/or termination of the Service.

3. AUTHORISED USER, ACCESS, REFUSAL OF SERVICE

3.1. You warrant that You are eighteen (18) years of age or older, and that You have the legal authority to enter into this Agreement. You agree to notify Us immediately whenever Your personal or billing information changes (including, for example, Your name, address, credit card, direct debit details and telephone number).

3.2 You hereby expressly allow Us and any of Our employees or third party contractors to:

(i) execute any works in / on the Residential Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement or removal of the Equipment;

(ii) enter the Residential Premises during reasonable hours to inspect the Equipment and any other equipment relating thereto, as We may deem necessary in order to provide You with the Service

3.3. You bind Yourself to provide safe access to Our representatives at all reasonable times to enter the Residential Premises to install, maintain, service, connect, disconnect, upgrade, inspect, alter, remove, re-install, and service any Equipment. Our representative will carry relevant identification. Only if Our representative does not provide You with such identification may You refuse to grant the said access. You acknowledge that if You prevent Our representatives from accessing the Residential Premises without justification, We may treat this as a breach of these Agreement and cease to provide You with the Service.

3.4. We reserve the right to refuse to provide the Service to You at any time in accordance to applicable law.

3.5 By becoming a subscriber to the Service and/or accessing and/or using the Service, You and/or User acknowledges that You are aware of these Terms and Conditions and to having read and agree to be bound by and adhere to them.

4. PROPER USE OF THE SERVICE

4.1. You acknowledge and agree that the Service may only be used for lawful purposes. Without prejudice to the generality of the foregoing, You agree that:

(i) You shall not use, and shall not authorise, permit or tolerate any User to use the Service in any way that 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;

(ii) You shall immediately notify Us of any unauthorised or illegal use of the Service of which You become aware;

(iii) If We have reasonable cause to believe that the provisions of this Clause 4 are being contravened, We may suspend or terminate the Service with immediate effect, and this without prejudice to any civil or criminal proceedings, which may be taken against You and/or User concerned in terms of applicable law.

(iv) You warrant and bind Yourself to make good for any and all costs and expenses related to any damage caused to any Equipment and/or any cost and expense brought about by any misuse of the Service, whether such misuse occurred with or without Your knowledge or consent.

4.2 You undertake at all times:

(i) to use the Equipment with maximum care and diligence;

(ii) not to tamper with the Equipment or use it for any purpose not authorized by Us;

(iii) to report and inform Us immediately if or when any of the Equipment is lost, stolen, damaged or faulty. In such event We shall, as soon as reasonably possible after We receive such notification from You, seek to rectify such fault. We shall not charge You for such works unless the cause is attributable to You, in which event You shall incur the then current service charge for service calls at the Residential Premises as indicated in the Schedule of Charges. You shall be entitled to a pro-rated credit in the event of loss of the Service due to Our fault, provided that such loss lasts twenty-four (24) consecutive hours or longer from when We receive Your report of such fault and provided further that such fault is not due to a force majeure circumstance as stated in Clause 7.6 below.

(iv) to return the Equipment that We have provided You with, whenever We so request You and in any event immediately upon the expiry or prior termination of the Agreement;

(v) to comply with all Your obligations under the Agreement, including these Terms and Conditions;

(vi) to make use of the Service only in the Residential Premises and keep the Equipment installed at all times in/on the Residential Premises;

(vii) to make use of the Service only for Your private and non-commercial purposes. Should You use the Service for any use other than this, We shall proceed to terminate the Agreement without any notice and without prejudice to any other right or remedy available to Us in terms of the Agreement or at law.

(viii) not to move or allow to be moved any Equipment from the position where it has been connected by Us without our written consent. In the event that You intend to carry out any renovations in the Residential Premises, You shall inform Us of the same in order that We may advise You on the type of work that may be required to relocate Our Equipment. Furthermore, in the event that You relocate to another address and You wish to transfer the Service to such new address, We may, subject to Clause 2.1 provide You with the Service at such new address, in which event, You will be required to pay Us a service charge as indicated in the Schedule of Charges.

(ix) to report to Us the unauthorised reception of any Content;

(x) not to tamper with Our signals or take any action to alter or avoid any security or access control or restriction associated with the Service or Equipment;

(xi) You are responsible for all use of the Service, whether by You or any other User using the Service whether with or without your permission. You agree not to use, or allow any other User to use the Service, directly or indirectly, for any unlawful purpose, including without limitation, violation of copyright laws, through the use, production, copying rebroadcast or redistribution of any Content, Programming and/or Interactive Services distributed as part of the Service or recorded utilizing equipment containing digital video recording devices. You further agree that Your use of the Services is Your sole responsibility at Your own risk, and subject to all applicable laws and regulations. You agree to fully indemnify Us in the event of any such violation by You or anyone using the Service at the Registered Premises;

(xii) Save as is herein otherwise allowed, You bind Yourself not to copy, record, redistribute or relay, in whole or in part, any of the channels or programmes received through the Service, not to sell or impose any charge for watching any channel or programme, and not to show any channel or programme in public to an audience outside the Residential Premises even if no charge is made. You further undertake not to allow any third party from doing the same. Without prejudice to any other right or remedy at law or in terms of the Agreement, any such breach shall be considered a material breach warranting the suspension and/or termination of the Agreement. You hereby fully indemnify and agree to hold Us harmless in respect of any third party claims (including, without limitation, claims made by Content providers) that may arise as a result of a breach by You or by any third party of this Clause 4.2(xii);

(xiii) to stop using the Service immediately upon the expiry or prior termination, for whatever reason, of the Agreement;

(xiv) not to assign or transfer the Service and/or Equipment to any third party;

(xv) to use the Equipment exclusively for the Service or as authorised by Us; and

(xvi) not to connect any unauthorized device or equipment to the Equipment or to be used in connection with the Service;

(xvii) to use the Service in accordance with such reasonable instructions as We may give you from time to time.

4.3. You understand and agree that not all Content may be suitable for all viewers, and Users of the Service may have access to Content that may be explicit, obscene, offensive or otherwise unsuitable or objectionable, especially for vulnerable persons including minor children. You further understand and agree that it is Your sole responsibility to impose and ensure any appropriate viewing
restrictions to limit viewing and access to potentially objectionable Content, and You agree to supervise usage of the Service at Your Premises.

4.4. In the event of any unauthorized use for which You or any third party User is responsible, You shall be obliged to repair, replace and / or restore the Equipment to its original use, and to this end You shall be liable to pay all related costs, expenses and charges.

4.5 You acknowledge and agree to abide by the conditions laid down in the Agreement and that We will be entitled to suspend the Service until You have complied with any applicable condition. Should You fail to ensure compliance within a reasonable time following suspension of the Service, We shall, without prejudice to Our rights at law or in terms of the Agreement, terminate the Agreement.

4.6 In the event that any of Your private wiring and/or equipment causes a fault to Our network and/or that of any other third party, You shall remain bound for all expenses and/or damages of whatever nature incurred by Us and/or any other third party affected, and shall fully indemnify and hold Us harmless for any claim in connection

4.7 In the event that Your account and/or Service is accessed through the use of a username, password, dedicated IP address and/or any other such access key, You shall at all times ensure that the applicable username, password, dedicated IP address and/or any other such access key, is protected and kept secure and in confidence. You acknowledge that in the event that a third party obtains Your username, password, dedicated IP address and/or any other such access key, such other third parties would be able to access Your account thereby potentially amending Your subscription to the Service and generating charges on Your account for the payment of which You shall will remain responsible. You acknowledge that We cannot accept any responsibility for any unauthorised access or use made Your account and/or the Service. Under no circumstance should You share Your account details with any person.

4.8 It shall be Your responsibility to ensure that no unauthorised use of the Service is made by any User. In particular, You shall assume all responsibility to ensure that any use of the Service effected by any person under age or is otherwise incapacitated is carried out with proper adult supervision.

5. SOFTWARE LICENESE AND THIRD PARTY SERVICES

5.1. We may provide You, for a fee or at no charge, software for use in connection with the Service which is owned by Us or Our third-party licensors, providers and suppliers (“Software”). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and Software on the Equipment, and You agree to permit such changes and access to the Equipment. You may use the Software only in connection with the Service and for no other purpose.

5.2. Certain Software may be accompanied by an end user license agreement (“EULA”) from Us or a third party. Your use of the Software is governed by the terms of that EULA and by the Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless You first agree to the terms of the EULA.

5.3. For Software not accompanied by a EULA, You are hereby granted a revocable, non-exclusive, non-transferable license by Us or Our third-party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You acknowledge and agree that the Software is Our proprietary and confidential information or that of Our third-party licensors and that You will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Us or Our third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that We or Our third-party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the Territory only, and any export of the Software is strictly prohibited.

5.4. Your license to use the Software will remain in effect until terminated by Us or Our third-party licensors, or until Your Service is terminated. Upon termination of your Service, you must cease all use of and immediately delete the Software from any device not returned to Us.

6. PACKAGES, CONTENT, PROGRAMMING AND INTERACTIVE SERVICES

6.1. We shall provide You with a choice of Packages aimed at providing a suitable variety of high quality and cost-effective digital entertainment services.

6.2. Once You select a Package, We shall, subject to these Terms and Conditions, provide You with:

(i) access to all the channels that form part of that Package/s

(ii) an Electronic Programme Guide application which, to the extent available, allows You to consult the programming data of the content available on the Service and, where applicable, to program Your on demand recordings or enable restart functions. You acknowledge that the data contained in the Electronic Programme Guide is provided by the Content providers upon which We have no control and for which We can accept no liability in the event of error or omission.

(iii) Access to any Interactive Service which we may for a fee or at no charge offer from time to time. For clarity:.

a. access to the record function. This service allows You to record programmes automatically or otherwise on the Decoder’s hard disc or, where applicable, on Our network, and to watch these programmes on demand and in the privacy of Your Registered Premises. You hereby acknowledge that any such recording is restricted for personal use only and that the allocated memory space is a finite resource and that once exhausted We shall have no further obligation to provide You with additional memory space. You further acknowledge and agree that We shall under no circumstance be liable to You or any User for any loss or corruption of memory space on any allocated hard disc or network and consequent loss of any pre-recorded Conten

b. Access to time-shift features. This service allows You to access selected programmes either through the restart function, which enables you to commence viewing from the start of the programme and whilst still in its linear transmission and/or the catch up service, which enables you to access selected programmes after its linear transmission ended and available to you for a limited period. You acknowledge that at the request of the rights holder of the Content, the time shift features may be deactivated without the need to provide any notice whatsoever. This service is currently being provided as an added value service to the selected Package.

6.3 Once you select a Package You will be given access to a limited number of hours of network based hard disc space for You to record your selected programmes. You, hereby acknowledge and consent that:

(i) this service is currently being provided as an added value service to the selected Package. We reserve the right to introduce charges for this service in the future.

(ii) At the request of the rights holder of the Content, the record function may be deactivated thus making it impossible for the said programmes to be recorded;

(iii) You shall not be permitted to retain any copy of any recorded Content for a period of more than thirty (30) days from the date of broadcast. You acknowledge that after the said thirty (30) day period the recording shall be automatically deleted by the system. You also hereby warrant and bind Yourself not to retain any permanent copy of any recorded Content on any other medium, including but not limited to external hard drives, compact discs, high density video discs (DVD). In no event shall You retain any copy of the recorded Content following the expiry or earlier termination of the Agreement.

6.4 We reserve the right to modify the Programming, Content, any Package, and/or Interactive Service, at any time in accordance with commercial exigencies. You are hereby acknowledging and agreeing that any such modification will under no circumstance bear any effect on the Agreement and that We shall not be held liable for any modification or discontinuation of transmission of any particular Programming, Content, Package and/or Interactive Service.

6.5 We reserve the right to vary or change without notice the channel line-up included in any Package:

(i) as a result of circumstances independent of Our control including decisions of programme providers, technical difficulties, or any unforeseeable circumstances;

(ii) as a consequence of the termination of any particular agreement that We may have with any particular channel or programme provider, or

(iii) for reasons aimed at the improvement of the Service offered.

(iv) The above notwithstanding, We will notify You of any such variation or change by means of a notice on the television interface of the Service or on the bill or otherwise in writing, if, within any rolling twelve (12) month period during the currency of this Agreement, We vary or change channels in the Package to which You are subscribed by more than fifteen percent (15%), subject to a minimum of five (5) channels. In any such event, You have the right to withdraw from this television agreement without penalty. You must inform Us in writing of such wish to withdraw within thirty (30) days of US notifying You of the variation or change. Failure to so notify Us in writing will constitute an irrevocable acceptance on Your part of any such variation or change for as long as You remain subscribed to the Service. You will not have the right to withdraw from this Agreement if at the time of signing of this Agreement You were informed that specific content is for a limited period of time or if the content is provided free of charge (excluding the network access fee). For the avoidance of any doubt, You hereby acknowledge and agree that this sub-clause 5.3(iv) shall not be applicable in the event of increases in the amount of channels provided within the Package to which You are subscribed.

6.6 You may, at any time within the Initial Term (and the Extended Term, if any) and subject to paying all the relevant charges, upgrade the Service to any Package tier above the chosen tier indicated in the Agreement and/or take up any additional services or stand-alone Content, including premium channels or programmes that are not included in the chosen Package indicated in the Agreement, as We may offer You from time to time. You cannot however choose individual channels from within any Package.

6.7 In the event that You choose to upgrade the level of Your Service in either of the methods contemplated by Clause 6.5, You shall be bound to retain this upgrade for a period of one (1) month from such date.

6.8 You may upgrade and subsequently downgrade the level of Your Service at any time during the Initial Term provided that for the duration of the Initial Term you do not downgrade the level of Your Service to one that is lower than that chosen by You on the Commencement Date.

6.9. Any objection to a sales order must be made in writing within seven (7) days of receipt of invoice.

6.10 You acknowledge and accept that time-shift and record functionality are dependent on the Electronic Programme Guide.

7. LIABILITY

7.1. We shall not be liable for any loss or damage whatsoever, whether direct or indirect, incidental or consequential, sustained by You or by any third party in relation to the Service, except in those circumstances expressly contemplated by the Agreement.

7.2. Without limitation to the generality of Clause 7.1, We shall not be liable for any loss or damage, whether direct or indirect, incidental or consequential, sustained by You or by any third party in relation to the Service, as a result of:

(i) changes to the Content, including any channel line up, programming schedules, failure to transmit a channel for any temporary period of time. You acknowledge and consent that all Content, Packages, programming, programme services, channel allocations and channels are subject to change.

(ii) bad reception or picture degradation, when such changes/failures result from circumstances beyond Our control including but not limited to decisions of programme providers or technical difficulties;

(iii) the incorrect functioning or the incompatibility of any equipment, including but not limited to Decoders , and/or modems and / or home plugs supplied and / or installed by third parties who are not authorized by Us;

(iv) the use of any of Your equipment (including, without limitation, Your television set, VCR, DVD, monitor) together with the Decoder provided to You by Us;

(v) a breach by You of Your guarantee given in Clause 8.2 below. In any such event, You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of Your breach;

(vi) a breach by You of Clause 4.1. In any such event, You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of Your breach.

7.3. Without prejudice to anything contained in the Agreement Our liability if any shall not exceed the total amount of charges paid by You for the Service in the particular year that the liability event arises.

7.4. Without prejudice to anything contained in the Agreement, including these Terms and Conditions, You shall warrant to indemnify and hold Us, Our directors, officials, employees and agents and the GO Group and their directors, officials, employees and agents harmless:

(i) from any claim in connection with any direct physical damage to Your property unless caused by Our negligence or the negligence of any Our employees, agents or sub-contractors;

(ii) against any liability, loss or damage, whether direct or indirect, including any loss of profits, business or revenue sustained, arising out of or in connection with the Service or any use thereof, including but not limited to any claim for loss or damage sustained by Us or made by any person whomsoever.

7.5 You warrant and bind Yourself to defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Us arising from the above claims and shall provide Us with immediate and prompt notice of any such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at Your sole expense.

7.6. In the event of any loss or theft of or damage to any Equipment provided to You by Us, including without limitation loss of or damage to the modem, Decoder and remote control, You shall pay Us any and all damages arising from the said loss, theft or damage, in the amounts laid down in the Schedule of Charges.

7.7. Without prejudice to any other provision contained in the Agreement excluding or limiting responsibility, We shall not be liable to You and/or the User for any loss or damage which may be suffered by You and/or the User due to any force majeure event, which inter alia includes any failure on Our part to perform any obligation as a result of technical problems relating to the Service, suspension or termination of any licence to operate or use the Service, suspension or termination of any Content licence agreement; act of God, inclement weather, flood, drought, lightning or fire, earthquakes and volcanic eruptions, failure or shortage of power supply, strikes, lockouts, labour disturbances and industrial disputes of any kind, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, any act or omission of any regulatory or other public authorities or agencies, or of the operators of other telecommunication services, war, military operations and riots, difficulties, delays or interruptions in the production or supply of equipment used in the Service, act or default of any supplier, agent or subcontractor, or any other similar or dissimilar causes beyond Our reasonable control.

8. GUARANTEES

8.1. We do not guarantee that Our network covers the whole of the Territory. You acknowledge and agree that for technical reasons it might not be possible or commercially viable for Us to provide You the Service. Should it be determined that for You to be able to receive the Service You require any additional equipment at the Residential Premises either as a result of lack of coverage, any other technical reason, or as a result of Your internal broadband wiring and/or connection You agree to bear the full cost in relation thereto.

8.2. You hereby guarantee that You are in possession of any and all permits and/or authorisations required for the installation and/or wiring of the Equipment. By submitting Your request for the Service and/or allowing the carrying out of any required installation, You are hereby warranting and declaring that any and all required permits, permissions, or consents have been acquired by You and shall indemnify and hold Us harmless against any contestation or claim by any third party in connection with said installation.

8.3. You hereby further guarantee that the Equipment shall at all times be properly maintained and kept safe and secure. In the event that the Equipment or any part thereof is damaged, lost or stolen, You undertake to inform Us immediately thereof, and shall assume full liability for the repair or replacement thereof.

9. LEASE OF EQUIPMENT

9.1. The Equipment leased to You by Us shall at all times remain Our exclusive property, this notwithstanding any charges that You may have paid in regard thereto.

9.2. You shall bear any cost and expense of batteries required to operate the Decoder, and its relative remote control.

9.3. You agree not to pledge, lien, assign or otherwise dispose of the Equipment in any manner whatsoever.

10. FEES AND CHARGES

10.1 You acknowledge and agree that You shall be charged for any applicable installation fees and other charges as well as for use of the Service at the applicable rates indicated in the Schedule of Charges from the date on which We enable your Decoder to receive the Service under the Agreement.

10.2. All rates, charges, fees, maintenance fees and penalties applicable to the Service are listed in the Schedule of Charges as in force from time to time. All such amounts are indicated exclusive of all applicable taxes imposed or levied, and any such taxes must therefore be paid in addition to the indicated amounts.

10.3 You bind Yourself to pay a monthly subscription fee relative to the Service. The subscription fee must be paid from the day on which the Service is activated, irrespective of whether You start using the Service upon activation or not, and is payable in advance. To the extent applicable, prior to the activation of the Service, You shall also pay for any additional connections and Equipment provided by Us in accordance with the Agreement. You shall also pay for any other fees and/or charges, which may be applicable for the Service.

10.4 You acknowledge and agree that in the event that the Service is suspended for any reason directly attributable to You, the applicable subscription fee for the period of suspension shall remain due as if there was no suspension of service and that You are not entitled to any refund of any fee paid or to any remission in case of such suspension or restriction of the Service.

10.5 We shall issue periodic statements for billing purposes. We reserve the right to back bill you for the Service. We reserve the right from time to time to alter our billing cycles. You acknowledge and agree that any changes to the billing cycle shall not be deemed to constitute a change to the applicable Terms and Conditions.

10.6 We reserve the right from time to time to establish accepted methods of payment of bills. The accepted methods of payment shall be stated in the bill. You acknowledge that any changes to the accepted methods of payment shall not be deemed to constitute a change to the applicable Terms and Conditions.

10.7 When allowed as a method of payment, all cheques must be made payable to GO p.l.c.

10.8 In the event that payments by cheques, debit or credit cards, and/or any internet based payment mechanisms, inter alia including online banking transactions, paypal or such similar system, are allowed as a method of payment, We reserve the right to levy a processing charge as specified in the Schedule of Charges.

10.9 If any cheques, credit cards, direct debit mandates or standing orders that You provide to Us are returned for insufficient funds or for any other reason, We reserve the right to impose a penalty on You as indicated in the Schedule of Charges.

10.10 You acknowledge and agree that prompt payment is of the essence. If You pay Your bill by certain payment methods and by the Due Date You may be entitled to a discount on Your bill (but not on any arrears) and as indicated in the Schedule of Charges. In the event that You default in effecting payment through an accepted method of payment within the period allowed for payment as specified in your bill (“Due Date”), You acknowledge that We may:

(i) endeavor to notify You of such default listing the actions that will be undertaken by Us in this reqard should You not regularize Your position;

(ii) without prejudice to 10.10 (i) above in the event of persistent late or non-payment We may suspend and/or terminate the Agreement and disconnect the Service promptly and without further notice;

(iii) levy a late payment charge as specified in the Schedule of Charges; and/or

(iv) levy late payment interests at the maximum rate allowed by applicable law.

10.11 You hereby irrevocably constitute Yourself as the certain, liquid, and true debtor in favour of Us, which accepts, for any and all balances remaining unpaid for the Service and/or any penalty charges and interests due.

10.12 We reserve the right to diversify Our product and service offerings by periodically issuing, modifying, or discontinuing different commercial offers. You hereby acknowledge and agree that We shall not be held liable for any modification or discontinuation of any commercial offer.

10.13 We reserve the right to issue, modify or discontinue periodical time-limited commercial offerings which may be aimed at certain market segments and/or clients and/or client groups. You warrant and bind Yourself to ensure that You are eligible to benefit from or otherwise apply for any such service offering prior to registration and acknowledge and agree that We shall not be held liable or responsible for any service offering to which You may or may not be eligible or any modification or discontinuation thereof.

10.14 We reserve the right to carry out a credit check on You at any time. In default of payment of any amount due to Us, We shall be entitled to give Your details to one or more credit reference agencies, their members and any third party to whom We are obliged or authorized to transfer such credit-related data by virtue of the Agreement or under any law. If at any time You fail to meet Our credit conditions, We may further enforce any credit limits on Your account, restrict the Service, only allow certain specified methods of payment and/or suspend/terminate the Service (or other services of Ours that We currently provide to You), when You reach the credit limit established until We receive the full payment of any and all charges that are due by You.

10.15 Should You wish to query any amount invoiced to You by Us, You must notify Us before the Due Date of payment as indicated on the invoice in question. During the period when We would be investigating such query, and provided that You would have paid the portion of the invoiced amount that would not be in dispute, We will not disconnect the Service or divulge any credit-related data concerning You to any credit reference agency or other third party before We notify You of the conclusion of the said investigation and You subsequently fail to pay any such amount due.

10.16 You acknowledge and agree that you may incur charges with third-parties that are separate and distinct from Us, and/or the Service including any fees charged by Us. These may include charges resulting from accessing on-line services or purchasing products and services through interactive options available through the Service now or at any time in the future. You are solely responsible for all charges payable to third parties, including all applicable taxes. In addition, You are solely responsible for protecting the security of Your credit card and other personal information provided to others in connection with such transactions.

10.17 Other transactional charges such as for video-on-demand services, are billed after the applicable service or feature has been ordered or provided to You. You may also be required, based on Your ordering and payment history, to provide pre-invoice payment by credit card or such other payment method as we may designate for transactional services such as video-on-demand services.

11. CANCELLATION / INTERRUPTION / SUSPENSION / TERMINATION OF THE SERVICE AND CONSEQUENCES THEREOF

11.1. The Agreement shall remain valid and in force for the whole duration of the Initial Term and of any subsequent Extended Term unless it is terminated in accordance with the provisions of this Clause 11.

11.2. Should You decide to terminate the Agreement prior to the expiry of the Initial Term or the Extended Term, as applicable, You must give Us fifteen (15) days prior written notice thereof. Such notice will only be valid if it is made in writing and posted to Our Sales and Customer Care Representatives at PO Box 40, Marsa or personally delivered to our Sales and Customer Care Representatives at any of Our GO outlets. Such notice will be deemed to have been made on the date on which it is received at Our offices or the date on which You personally deliver it.

11.3 Should You terminate the Agreement in accordance to Clause 11.2 You shall be bound to pay Us the balance of all the charges for the Service, including any applicable charge, penalty and/or interest.

11.4 You shall not be entitled to reimbursement of any charges whatsoever (including but not limited to any penalty charges and/or the connection fee).

11.5. Upon termination:

(i) You must settle all outstanding charges due on Your account;

(ii) You must, within the fifteen (15) days notice period indicated in Clause 11.2 above return to Us all Equipment provided to You by Us in order to enable You to use the Service. Failure to return such Equipment within the said fifteen (15) days shall entitle Us to charge You a recovery charge and/or a penalty for each unreturned piece of Equipment as indicated in the Schedule of Charges.

(iii) Charges for the Service shall only cease on the expiry of the notice period as indicated in Clause 11.2.

11.6. Without prejudice to any right arising hereunder or by virtue of any other law or practice, We may promptly terminate the provision of the Service to You without the need of any prior notification in the event that You:

(i) breach any of the conditions laid out herein;

(ii) fail to pay any amounts that You are liable to pay to Us hereunder;

(iii) become insolvent, You enter into any arrangement with Your creditors;

(iv) or any other User at Your Residential Premises has committed or may be committing any fraud against Us or against any other person by using the Service or any related equipment;

(v) provide Us with false, inaccurate or misleading information at any time during the duration of the Agreement; or

(vi) tamper with any Equipment that We provide You with.

11.7. You are liable to pay all charges for the Service up to the date indicated in Clause 11.2. If We suspend/terminate Your Service , We shall be entitled to recover from You any and all charges, penalties and interest (including any applicable legal fees and expenses incurred by Us). If We discover that You received services from Us without Our permission, We will further charge You for any usage charges relating to such services.

11.8. We may also interrupt, suspend or terminate the provision of the Service without any prior notification to You in any of the following circumstances:

(i) in fulfillment of any instructions requested by any judicial, governmental or regulatory authorities;

(ii) for the purposes of repair, maintenance, improvement of the network or other operational reasons;

(iii) for health and safety considerations;

(iv) for control purposes; and

(v) for any other reason beyond Our control.

11.9 Where reasonably possible We shall provide You with adequate notice prior to the interruption, suspension or termination of the Service and where relevant We undertake to restore the provision of the Service without unnecessary delay.

11.10. Should You decide to reactivate the Service following termination, You shall be required to settle all outstanding dues that You may have with Us on Your account as well as a reconnection charge as indicated in the Schedule of Charges.

12. DATA PROTECTION

Please refer to the Data Protection Annex at the end of your contract.

13. AMENDMENTS

13.1 The Agreement, including these Terms and Conditions and/or the Schedule of Charges may be amended from time to time. In any such event, We shall notify You in writing of any such amendments at least thirty (30) days prior to the coming into effect of the proposed change in accordance with applicable law. We shall also endeavor, but shall not be bound to, publish a notice of such changes on Our Website. Should You not accept the proposed changes, You must within thirty (30) days, inform Us in writing of Your disagreement, in which event Your sole remedy shall be the immediate and automatic termination of the Service and consequent withdrawal from the Agreement. In the event that You so withdraw from the Agreement under this Clause, You will not be subject to any penalty, however You shall remain bound to settle any pending dues in full. Failure on Your part to notify Us in writing of Your intention to terminate the Agreement as contemplated in this clause will constitute Your irrevocable acceptance of any such changes for as long as You remain a Subscriber. Continued use of the Service shall be deemed to be an acceptance of any changes effected.

14. ASSIGNMENT

14.1 We shall be entitled to assign the Agreement either in whole or in part.

14.2 You undertake not to assign, dispose of, re-sell, sub-lease or in any other way transfer the Service provided to You under the Agreement, or assign or dispose of, or part with, any right, benefit, advantage or obligation under the Agreement.

15 SEVERABILITY

15.1 In the event that any one or more of the provisions contained in the Agreement, including these Terms and Conditions, and/or the Schedule of Charges, shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Agreement, but the Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been set forth herein, and the Agreement shall be carried out as nearly as possible according to its original terms and intent.

16. JURISDICTION, APPLICABLE LAW, LANGUAGE

16.1. The Agreement shall be governed, construed and interpreted in accordance with the Laws of the Republic of Malta, and the parties irrevocably submit to the exclusive jurisdiction of the courts in Malta.

16.2 The Agreement has been drafted in the English language and the English text shall be regarded as the authoritative text. If the Agreement, including these Terms and Conditions are translated into any other language, any ambiguity or disagreement that may arise shall be resolved by reference to the English text.

17. General Provisions

17.1 Nothing in the Agreement shall operate to constitute any of the parties an agent, partner, employee or representative of the other.

17.2 The failure of either party to insist upon strict performance of any provision of the Agreement, or to exercise any right or remedy to which it is entitled under or in connection with the Agreement, shall not constitute a waiver thereof, and any waiver of any default shall not constitute a waiver of any subsequent default. Any waiver to be valid shall be in writing.

17.3 Any and all obligations assumed by You by virtue of the Agreement shall be binding on You irrespective of whether use of the Service is by You directly or by any third party, whether so authorised or not by You and even if said use by third party is without You knowledge or consent.

17.4 The description of the Service, these Terms and Conditions, any General Terms and Conditions, the Schedule of Charges, as amended and in force from time to time, may be viewed on Our Website.

17.5. Should it become necessary for Us to send You any notification in terms of the Agreement, We shall do so in accordance with applicable law by providing a written notification at the address provided by You in the Agreement or such other address as You may have subsequently provided to Us in writing for this purpose. In the event that You so authorise Us, We shall send such notices to You via email at the email address provided by You for such purposes.

17.6 In the event of any contradiction or inconsistency between any of the Agreement, these Terms and Conditions, any applicable
General Terms and Conditions, and the Schedule of Charges, unless the contrary is expressly stated, the order of precedence shall be as follows: (1) the Agreement; (2) these Terms and Conditions; (3) any applicable General Terms and Conditions; and (4) the Schedule of Charges. The most recent Schedule of Charges shall be applicable to the entire Agreement at any given time.

17.7 You acknowledge and accept that We may, without notice and in order to ensure quality and support of the Service connect remotely and, where applicable, restart and manage the Equipment. In this context You warrant and bind Yourself to apply any instructions communicated to You by Us.

17.8 You are to refer any complaint, dispute, and/or query concerning the Service to US in writing by sending an email to [email protected] or by writing to the Head of Customer Care at PO Box 40, Marsa or personally delivered to any of Our GO outlets, addressed to the Head of Customer Care. We bind ourselves to acknowledge and/or provide an initial response to Your complaint, dispute and/or query no later than fifteen (15) working days from the receipt of Your complaint, dispute and/or query. We shall endeavor to examine your complaint, dispute and/or query without undue delay, however, You acknowledge that not all issues, particularly if of a technical nature can be resolved within a short time period. Should You not be satisfied with Our handling of Your complaint, dispute and/or query You may refer said complaint, dispute and/or query to the Malta Communications Authority, Valletta Waterfront, Floriana. Your rights at law shall remain unaffected.

18. QUALITY OF SERVICE

18.1 The maximum time for the initial installation and connection of the Service at the Residential Premises shall not exceed ten (10) Wording Days from date of application, subject to the Exchange Line already being installed and to You accepting the first available appointment.

18.2 You acknowledge that We can guarantee the timeframe in clause 18.1 above subject to the availability of the necessary infrastructure, network capacity, access to the premises and/or the availability of the necessary permits. You hereby further acknowledge that where the infrastructure is not available and/or there is insufficient capacity to support the new Service and/or We are not given full and unhindered access to the premises, including any common parts, We may consequently experience delays in providing You with the Service.

18.3 Where delays beyond the stipulated timeframe as indicated in clause 18.1 above are incurred by Us without justification or for reasons within Our control, You will have the right to terminate the Agreement without incurring any penalties. In this case, any and all Equipment issued by Us to You for the purposes of this agreement shall be returned unused by You to Us in the original packaging on the same day in which You terminate the Agreement. You further acknowledge that We reserve the right to charge a fee for unreturned, used or damaged Equipment.

18.4 The minimum annual Service availability on Our network, excluding Force Majeure cases and/or faults attributable to You and/or other third parties and/or cable interruptions is 99%. In the event of full Service unavailability for reasons not attributable to Force Majeure, You and/or other third parties, We bind Ourselves to restore the network service within four (4) Working Days from when We become or be made aware of the fault subject to You accepting the first available appointment. You acknowledge that these timelines do not apply to any damages and/or faults to Your Equipment. You hereby agree to adhere to any reasonable instructions issued by Us in order to facilitate Service restoration. Where such instructions are not adhered to , You acknowledge that We may not be able to adhere to the above timelines. Fault rectification by Us is free of charge unless the fault is attributable to You.

18.5 We shall do Our utmost to provide a continuous and good Service however You acknowledge that problems may arise. In such cases, You may report the matter to Us for further investigation and You may escalate the matter if You are not satisfied with the outcome. The procedure to be followed in such cases is available in the Help and Support section on GO website. A printed copy may also be obtained from one of Our retail outlets.

18.6 In certain cases, You may be entitled to compensation for the loss of Service. Further details on the circumstance entitling You to compensation and on the maximum amount to which You are entitled to are available in the Help and Support section on GO website. A printed copy may also be obtained from one of Our retail outlets.

18.7 We reserve the right to charge a fee for the provision of certain services, Equipment and/or for certain fault rectifications. These charges are available in the Schedule of Charges found on GO website. A printed copy may also be obtained from on of Our Retail Outlets.

18.8 We acknowledge that should you believe that the Service being provided to You deviates from the contracted Service, then You may contact Us as outlined in clause 18.4 above. If, after due investigation, it results that We cannot provide the contracted Service, You shall have the right to rescind the contract without incurring any penalty charges.

 

1. DEFINITION

1.1 The following terms shall respectively have the following meanings:

(a) “Agreement” means the Internet Service Contract Agreement or the Bundle Service Agreement (where the bundled services include inter alia the Service), as the case may be, that GO has entered into with the Customer and which contains all the details necessary for the provision of the Service.

(b) “Commencement Date” means the date on which the service will be activated by GO.

(c) “Customer” means the person or company/partnership named in the Internet Service Contract Agreement.

(d) “Equipment” means any equipment that is supplied to the Customer for the installation of and access to the Service.

(e) “Initial Term” means the initial period of the Agreement, which is indicated therein and which starts to run from the Commencement Date.

(f) “Extended Term” means the further monthly periods for which the Agreement shall be automatically extended beyond the Initial Term.

(g) “Internet Service Contract Agreement” means the contract that when signed by the Customer and GO will bind the Customer and GO to the stipulated terms and conditions.

(h) “GO Group” means the group of companies consisting of GO plc (C 22334) and all of its subsidiaries and associated companies.

(i) “Schedule of Charges” means the list of any and all fees and charges related to the Service, as published by GO from time to time.

(j) “Service” means the Internet service as better described in the Service Description.

(k) “GO” means GO plc (C 22334) and shall be construed accordingly.

(l) “Working Day” means any day from Monday to Friday, between 0900 and 1700 hours, and excluding public holidays.

(m) With reference to the Agreement the categorisation of the Internet products has the following meaning as applicable:

Feasible means that the line over which the Internet service is being provided meets the contracted service. Various factors such as line quality and network load may from time to time affect the quality of service.

Unfeasible means that GO cannot guarantee the performance of the connection within the contracted service. The Customer confirms that he/she has been advised by GO that the telephone line which will carry the Internet service is currently not equipped to handle the speed that he/she is applying for. The Customer confirms that this has been explained, that he/she has been offered a substitute service and that he/she is hereby confirming his/her original request for this service.

Not Available means that GO could not determine the feasibility of the line at ordering stage. The Customer acknowledges that the service he/she is taking is provided up to the speed requested and that various factors such as line quality and network load may from time to time affect the quality of service. The Customer acknowledges and accepts a possible limitation that the speed obtained on his/her line may not meet the contracted service.

1.2 Pre-condition:

The broadband service can only be provided if the customer has a GO fixed telephony service. A monthly access fee applies for postpaid fixed telephony.

2.  ACCEPTANCE OF ORDER

2.1 GO will only be bound by the order shown on the Internet Service Contract Agreement when it has been signed by the Customer and accepted by GO in writing. GO reserves the right to accept, or refuse, the Customer as its subscriber. GO reserves the right to accept orders in electronic format, through the provision of digital signatures, when the latter become legally acceptable.

2.2 The relationship between the Registered Subscriber (“Customer”) and GO plc, bearing company registration number C 22334 (“GO”), for the provision of the Service at the premises, shall be regulated by the terms and conditions of the Internet service below (“Conditions”).

2.3 These Conditions shall, together with the Schedule of Charges and Internet Service Contract Agreement form an integral part of the Agreement and shall have the force of law between the parties.

3. CONNECTION TO THE SYSTEM

3.1 GO will provide the Customer with connectivity to the Internet through the Service for a term equivalent to the subscription period agreed to by the Customer and until the expiry of that subscription period or until the Agreement is terminated in accordance with the terms hereof.

3.2 GO may change the Service including, but not limited to, access procedures, hours of operation, commands, documentation and services offered (including their description, terms and conditions). Notification of any such changes will be provided to the Customer prior to the proposed change; provided that if any such change is of an urgent nature, notification shall be made to the Customer as soon as is reasonably practicable. Such notification shall be made, in GO’s discretion, either by electronic mail to the Customer’s e-mail address or by post to the address provided by the Customer to GO. Notification can also be made via adverts in the media. By becoming a subscriber to the Service and/or accessing and/or using the Service, the Customer acknowledges he/she is to be aware of such changes and agrees to be bound by and adhere to them.

4. PROPER USE OF THE SERVICE

4.1 The Customer acknowledges that he/she may only use the Service for lawful purposes. Without prejudice to the generality of the foregoing, the Customer agrees that:

(a) he/she shall not use nor authorize or permit any other party to use the Service to receive, transmit or store material which is in violation of any law or regulation, which is obscene, pornographic, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights (including copyright), or is otherwise unlawful;

(b) he/she shall not transmit any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by GO and/or other Internet users;

(c) as the registered user of the account he/she is responsible for his/her account and he/she will keep the password secure and not let it become public knowledge and will not be stored anywhere on a computer in plain text;

(d) if the password becomes known to any other unauthorized user he/she will either change the password by using the facilities provided by GO on-line or inform GO immediately.

4.2 Any attempt on the part of the Customer to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of GO or of any computer system or network that is accessed via GO’s communication services, will result in the immediate termination of the Customer’s Services. These unauthorised activities include, but are not limited to: guessing at or using passwords other than the user’s own, sharing the Customer’s own password(s) and account(s) with others not authorised by GO to use said password(s) and account(s), accessing or attempting to access information that does not have public access permissions, and accessing any computer system on which the Customer or the Public is not welcome.

4.3 Netiquette – The Customer acknowledges that there is etiquette (“netiquette”) which he/she agrees to observe when using the Service. The Customer agrees to abide by the rules of netiquette including but not limited to the following rules:

(a) The Service shall not be used to send unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)

(b) The Service shall not be used for the distribution of Internet viruses, Worms, Trojan Horses or other destructive activities, including distribution of information regarding the creation and distribution about these destructive activities.

(c) The Service shall not be used to engage in activities that are illegal, including advertising, transmitting or otherwise making available pyramid schemes, fraudulently charging credit cards and pirating software.

(d) The Service shall not be used to engage in activities, whether lawful or unlawful that GO deems to be harmful to its customers, operations, reputation, goodwill or customer relations.

5.  LIABILITY

5.1  GO will use reasonable endeavours to provide a prompt and continuing Service as described in this Agreement but will not be liable for inter alia:

(a) loss of data;

(b) loss or damage of software or hardware;

(c) loss or liability resulting from access delays or access interruptions;

(d) loss or liability resulting from computer viruses;

(e) loss or liability resulting from data non-delivery or data misdelivery;

(f) loss or liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service;

(g) loss or liability resulting from the acts and/or omissions of GO or other GO users and

(h) any error or omission of the Customer.

5.2 GO specifically excludes any warranty as to the accuracy, content or quality of information or software obtained through its Service.

5.3 Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into this contract by law or otherwise, including but not limited to those of merchantability or fitness for a particular purpose, are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will GO be liable for economic, indirect or consequential loss.

5.4 Without prejudice to any other provision contained in this Agreement excluding or limiting GO’s responsibility, the liability of GO (if any) in contract, or tort or otherwise arising out of or in connection with supply of the Service shall be limited in respect of any one event or a series of two or more connected events to five hundred euro (€500).

5.5 GO is not responsible for the Customer’s personal files, website or e-mail box residing on GO’s systems. The Customer is responsible for the independent backup of his/her data stored on GO’s systems.

5.6 Even when the Equipment is provided to the Customer free of charge, if upon termination of this Agreement the Equipment is returned damaged or faulty, resulting from but not limited to misuse, mishandling, willful damage by liquids, connection to unsuitable supply, power surges, lightning, tampering or service by unauthorized persons, the Customer will be liable to pay to GO a charge as per Schedule of Charges.

6.  CONNECTION TO OTHER NETWORKS

6.1 The Service may be used by the Customer to link into other networks worldwide. The Customer agrees to comply with the service agreement and/or the acceptable use policies and/or terms and conditions of any network that the Customer connects to.

7.  DATA PROTECTION

Please refer to the Data Protection Annex at the end of your contract.

8.  FEES, CHARGES, BILLS AND PAYMENTS

8.1 The Customer shall be charged for any applicable installation fees and other charges as well as for use of the Service at the rates established by GO from the Commencement Date.

8.2 All rates, charges, fees and penalties applicable to the Service, including but not limited to maintenance services, are listed in the Schedule of Charges. Unless specifically stated on the Schedule of Charges all such amounts are indicated exclusive of all taxes imposed or levied, and any such taxes must therefore be paid in addition to the indicated amounts. The Schedule of Charges may be varied and / or amended by GO from time to time.

8.3 Where specifically stated on the Schedule of Charges the quoted prices are applicable when the product is paid by Direct Debit.  A surcharge as specified in the Schedule of Charges applies if the Customer does not pay by Direct Debit.

8.4 E-Billing is the default method for billing purposes.  Customers are required to supply GO with a valid email address where notifications will be sent inter alia informing the Customer that the bill has been issued and any other information.  It is the Customer’s responsibility to inform GO of any changes in his/her email address.  If Customer opts for a printed bill sent by post to his/her billing address he/she will be charged a surcharge as specified in the Schedule of Charges.

8.5 Bills are to be settled by the Customer by the due date of payment as indicated on the invoice in question, hereinafter “Due Date”. GO reserves the right to issue any back dated charges to the Customer for the Service provided to the Customer by GO. The Customer hereby undertakes to pay such charges for the Service even if they would have erroneously been omitted from any of his/her prior invoices.  GO reserves the right, from time to time, to establish accepted methods of payment of bills.

8.6 Prior to suspension and/or termination of the Service, GO shall endeavour to notify the Customer. This notwithstanding, in the event of persistent non-payment for the Service, GO reserves the right to disconnect the Service without notice. GO further reserves the right to levy a charge and subsequent interest for late payment as specified in the Schedule of Charges.

8.7 If any cheques, credit cards, direct debits or standing orders that are provided to GO are returned for insufficient funds or for any other reason, GO shall be entitled to impose a penalty on the Customer at the maximum rate allowed by law.

8.8 GO also reserves the right to carry out a credit check on the Customer at any time. In default of payment of any amount due to GO, GO shall be entitled to give the Customer’s details to one or more credit reference agencies, their members and any third party to whom GO is obliged or authorized to transfer such credit-related data by or under any law. If at any time the Customer fails to meet GO’s credit conditions, GO may further enforce any credit limits on the Customer’s account, restrict the Service, only allow certain specified methods of payment and / or suspend the Service (or other services of GO that GO currently provides to the Customer) when the Customer reaches the credit established until GO receives the full payment of any and all charges that are due by the Customer.

8.9 Should the Customer wish to query any amount invoiced to him/her by GO, the Customer must notify GO before the Due Date. During the period when GO would be investigating such query, and provided that the Customer would have paid the portion of the invoiced amount that would not be in dispute, GO will not disconnect the Service or divulge any credit-related data concerning the Customer to any credit reference agency or other third party before GO notifies him/her of the conclusion of the said investigation and the Customer subsequently fails to pay any such amount due.

9.  CANCELLATION / INTERRUPTION / SUSPENSION / TERMINATION OF THE SERVICE AND CONSEQUENCES THEREOF

9.1 The Agreement shall remain valid and in force for the whole duration of the Initial Term and of any subsequent Extended Term unless it is terminated in accordance with the provisions of this Agreement.

9.2 Should the Customer decide to terminate the Agreement prior to the expiry of the Initial Term or the Extended Term, as applicable, he/she must give GO fifteen (15) days prior written notice thereof. Such notice will only be valid if it is made in writing and posted to GO Sales and Customer Care Representatives at PO Box 40, Marsa MRS 1001 or personally delivered to GO Sales and Customer Care Representatives at any of the GO outlets.  Such notice will be deemed to have been made on the date on which it is received at GO’s offices or the date on which the Customer personally delivers it.

Should the Customer terminate the Agreement in this manner, he/she shall be bound to pay GO the balance of all the charges for the Service until the date on which the Customer returns to GO the Equipment provided. The Customer shall not be entitled to reimbursement of any charges whatsoever (including but not limited to any penalty charges and/or the connection fee).

If the Customer terminates this Agreement before the Initial Term, he/she will be charged for any free Equipment provided to him/her, and suffer any penalty charges as contemplated in the Initial Term contract.

9.3 Upon termination:

(a) The Customer must settle all outstanding charges listed on his/her account;

(b) The Customer must, within the fifteen (15) days notice period indicated in Condition 9.2 above return all Equipment provided to the Customer in order to enable him/her to use the Service. Failure to return such Equipment within the said 15 days shall entitle GO to charge the Customer a recovery cost and/ or a penalty charge for the Equipment as indicated in the Schedule of Charges.

(c) GO shall stop providing the Service and shall deactivate all the Equipment on the date on which it receives the Equipment;

(d) Charges for the Service shall only cease from the date on which, in accordance with this Condition 9, GO receives from the Customer

(i) a notice of his/her termination of the Service and

(ii) the Equipment.

Provided that if the Customer returns the Equipment to GO in a damaged state, GO shall be entitled to charge a penalty to the Customer.

(e) Upon termination of the Service, the Customer has a right to:

(i) the forwarding of any e-mail received on the @go.net.mt e-mail address, free of charge, for a period of twelve (12) months, and

(ii) an automated reply to any electronic mail received on the @go.net.mt e-mail address informing the sender of the forwarding service referred to above and the new e-mail address.

Should the Customer wish to make use of this Service, he should make the request to GO in writing by not later than the date of terminating the Service.

9.4 Without prejudice to any right arising hereunder or by virtue of any other law or practice, GO may at its discretion promptly terminate the provision of the Service to the Customer without the need of any prior notification in the event that the Customer:

(a) breaches any of the Conditions laid out herein;

(b) fails to pay any amounts that he/she is liable to pay hereunder;

(c) becomes insolvent or bankrupt, the Customer enters into any arrangement with creditors or legal action is taken or threatened against his/her property;

(d) or another person at the Customer’s premises have committed or may be committing any fraud or any other illegal activity against GO or against any other person by using the Service or any related equipment;

(e) provides GO with false, inaccurate or misleading information at any time during the duration of the Agreement; or

(f) tampers with any Equipment that is provided.

9.5 The Customer is liable to pay all charges for the Service up to the date indicated in Condition 9.3(d). If GO disconnects the Service because of failure to pay any dues, GO shall be entitled to recover from the customer all costs and charges relating to collection, interest, legal fees and any then current disconnection fees. If GO discovers that the Customer received services from GO without its permission, GO will further charge for any usage charges relating to such services. If the Customer breaches the Agreement by committing fraud or illegal activity, the Customer shall be reported to the police, who will take the appropriate legal action.

9.6 GO may also interrupt, suspend or terminate the provision of the Service without any prior notification in any of the following circumstances:

(a) in fulfillment of any instructions requested by governmental or regulatory authorities;

(b) for the purposes of repair, maintenance, improvement of the network or other operational reasons;

(c) for health and safety considerations; and

(d) for any other reason beyond its control.

9.7 Where reasonably possible GO shall provide adequate notice prior to the interruption, suspension or termination of the Service and where relevant it undertakes to restore the provision of the Service without unnecessary delay.

9.8 Should the Customer decide to reactivate the Service following termination, the Customer shall be required to settle all outstanding dues that he/she may have with GO on his/her account as well as a reconnection charge as indicated in the Schedule of Charges.

9.9 GO reserves the right to delete al personal files of the Customer, including without limitation mailboxes, after termination of this Agreement.

10.  INTELLECTUAL PROPERTY RIGHTS

10.1 GO owns and retains all intellectual property rights including copyright in the Service. Except for public domain material, all material displayed on, or downloaded from the Service is protected by intellectual property and copyright legislation, and may not be redistributed, transmitted, re-transmitted, copied, or published without the permission of the intellectual property right or copyright owner. The placement of material in any public posting area, or software library of GO without the consent of the intellectual property or copyright owner is in violation of the law and this Agreement. The Customer specifically agrees not to upload, post or reproduce in any way any materials protected by intellectual property or copyright without the permission of the intellectual property or copyright owner.

11. AMENDMENTS

11.1 GO may amend the Agreement, these Conditions and/or the Schedule of Charges at any time. Should the Customer not wish to accept the proposed changes, he/she must inform GO in writing of such non-acceptance within thirty (30) days of GO notifying him/her of the changes and he/she will then have the right to withdraw from the Agreement without penalty. Failure of notification will constitute an irrevocable acceptance of any such changes for as long as the Customer remains subscribed to the Service.

12. ASSIGNMENT

12.1 The Customer shall not assign or transfer the Agreement in whole or in part to any third party whomsoever.

12.2 GO may, for business reasons, assign or transfer any of its rights and obligations under the Agreement at any time at its sole discretion.

13. SEVERABILITY

13.1 The validity or unenforceability for any reason of any part of the Agreement, these Conditions, and/or the Schedule of Charges, shall not prejudice or affect the validity or enforceability of the remainder thereof vis-à-vis that party or in relation to the other parties.

14. FORCE MAJEURE

14.1 Without prejudice to any other provision contained in this Agreement excluding or limiting GO’s responsibility, GO shall not be liable to the Customer for any loss or damage which may be suffered by the user due to any breach of these terms and conditions or failure on GO’s part to perform any obligation as a result of technical problems relating to the Service, termination of any licence to operate or use the Service, act of God, inclement weather, flood, drought, lightning or fire, earthquakes and volcanic eruptions, failure or shortage of power supply, strikes, lockouts, labour disturbances and industrial disputes of any kind, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, any act or omission of any road transport authority, or of the operators of other telecommunication services, or of any other agencies or authorities, acts or omissions of the public authorities, war, military operations and riots, difficulties, delays or interruptions in the production or supply of Equipment used in the Service, act or default of any supplier agent or sub-contractor, or any other similar or dissimilar cause beyond GO’s control.

15. INDEMNITY

15.1 The Customer hereby agrees to fully indemnify and to hold GO harmless from and against any claim brought by any third party resulting from the use of the Service or the GO network by the user and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by GO in consequence of the Customer’s breach or non-observance of any of the terms and conditions of this Agreement.

15.2 The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against GO arising from the above claims and shall provide GO with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at his/her sole expense.

15.3 The Customer acknowledges that GO is unable to exercise control over the content of information passing over the GO network or via the Service, and GO hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

16. JURISDICTION, APPLICABLE LAW, LANGUAGE

16.1 The Agreement shall be governed and construed in accordance with the laws of Malta. The parties irrevocably submit to the jurisdiction of the courts of Malta or any other competent tribunal at law in case of any dispute. In the event of any conflict between the English and the Maltese versions of The Agreement, the English version thereof shall prevail.

17. QUALITY OF SERVICE

17.1 The maximum time for the initial connection of the Service shall not exceed ten (10) Working Days from date of Agreement. GO can guarantee these timeframes subject to the availability of the necessary infrastructure, network capacity availability, Customer accepting the first available appointment, access to the Customer’s premises and/or the availability of the necessary permits. The Customer hereby acknowledges that where the infrastructure is not available and/or there is insufficient capacity to support the new Service and/or Customer changes the given appointment and/or GO is not given full and unhindered access to the premises, including any common parts, GO may experience delays in providing the Service.

Where delays beyond the stipulated timeframes for the connection of the Service are incurred without justification or for reasons within GO’s control, the Customer has the right to terminate the Agreement without incurring any penalties. In this case, any and all Equipment issued by GO to the Customer for the purposes of the Agreement shall be returned unused by the Customer to GO in the original packaging on the same day in which he terminates the Agreement. GO reserves the right to charge a fee for unreturned, used or damaged Equipment.

17.2 The maximum time for disconnection of the Service shall not exceed fifteen (15) days from a written notification from the Customer as specified in Condition 9.2 above, subject to there being no other impediment (such as missing details on the written notification or pending payments) that may hinder the processing of the request for disconnection.  When the Customer adheres to the disconnection process specified in the Agreement, the Customer shall not be liable to pay for Service usage after the disconnection advance notice lapses.

17.3 The minimum annual Service availability on GO’s Network, excluding Force Majeure cases and/or faults attributable to the Customer and/or other third parties and/or cable interruptions, is 99%. In case of full service unavailability of a Customer’s Service, a maximum repair time of four (4) Working Days applies from date fault is reported and subject that Customer accepts the first available appointment.  This excludes any cases of force majeure, damage or disruptions caused by third parties or the Customer himself/herself. This timeline does not apply to any damages and/or faults to the Customer’s Equipment. The Customer agrees to adhere to any reasonable instructions issued by GO in order to facilitate Service restoration. Where such instructions are not adhered to, the Customer acknowledges that GO may not be able to adhere to this timeline. Fault rectification is free of charge unless it is attributable to the Customer.

 

18. SERVICE PROMISE

18.1 GO shall do its utmost to provide a continuous and good Service, however it acknowledges that problems may arise. In these cases, the Customer may report the matter to GO for further investigation and may escalate the matter if not satisfied with the outcome. The procedure to be followed in such cases is available in the Help & Support section on GO’s Website at www.go.com.mt. A printed copy may also be obtained from one of GO’s Retail Outlets.

18.2 In certain cases, the Customer may be entitled to compensation for the loss of Service. Further details on the circumstances entitling the Customer to compensation and on the maximum amount to which he is entitled are available in the Help & Support section on GO’s Website at www.go.com.mt. A printed copy may also be obtained from one of GO’s Retail Outlets.

18.3 If the Customer believes that the Service provided deviates from the contracted Service, the Customer may contact GO as per Condition 18.1. If after due investigation it results that GO cannot provide the Service, the Customer shall have the right to rescind the contract without incurring any penalty charges.

19. MINIMUM TERM

19.1 Unless otherwise stated in the Agreement, the Service Initial Term is one (1) month and the Service shall remain active until the subscription period agreed to between GO and the Customer or until the Agreement is terminated. If the Customer terminates the Agreement prior to the lapse of the contracted period, a penalty equivalent to a one (1) month subscription period shall apply.

GO p.l.c., of Fra Diegu Street, Marsa, MRS 1501, Malta is the Controller of Data under the terms of the Data Protection Act and Regulation (EU) 2016/679 for the purposes enlisted below.

1.  The following words used throughout this annex shall mean:

‘Billing Data’ means data relating to the charges for Your consumption of Our services which have been paid for or otherwise. It may contain Personal Data.

‘Data Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

‘Data subject’ means an identifiable natural person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

‘Personal Data’ means any data which relates to natural persons that can be identified by means of this data and includes name, identification number, location data or any online identifier.

‘Personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

‘Premises’ means the address indicated in the Application Form and/or the Agreement wherein the Service is to be installed and in which the Service is actually installed.

‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller;

2.  GO is committed to respect and preserve all Your rights as data subject at all times. We take privacy and data protection seriously and we will manage Your personal data transparently and in a fair and lawful manner. Should You have any queries, concerns, requests or complaints in relation to the manner in which We process Your personal data, You may contact Our Data Protection Officer by email on: [email protected] or Tel: 25940000. You also have the right to lodge a complaint before the Office of Information and Data Protection Commissioner with regard to matters concerning Your personal data.

3.  At GO, we make sure to only collect the personal data we need from You. This personal data may include Your name, address, phone numbers, date of birth, email address, credit or debit card information, information about Your bank account number, credit rating data, information about Your agreement with GO and Your product service subscriptions, Your product preferences, service usage traffic data, signalling traffic, geo-location, usage data and patterns, call data records, installation data, fault data, records of Your contact with GO and information relating to the use of our website including the date, time, length and approximate location while browsing. For further details, please refer to our Privacy Policy and to our Cookie Policy.

4.  Your personal data shall be held and processed for the purposes of service-related administration including identification and credit check purposes, management of Your account and business, billing and fraud prevention or detection, debt collecting, research and statistical purposes, for compliance with applicable laws and regulations and to improve the service and products we provide You with through our website and customer care facilities. This includes but is not limited to: personal data being held and used for the purposes of legal compliance; compliance with the conditions contained within Your service agreement; processing of customer personal data for the purposes of our daily operations; processing of customer data for market research and service and product development; processing of customer data for network protection, and for the protection of the company’s legal position in the event of legal proceedings as legitimate company interests. You shall have the right to object to any of the above-mentioned legitimate company interests as a basis for the processing of personal data. For further details, please refer to our Privacy Policy and to our Cookie Policy.

5.  You acknowledge and agree that We will process and retain Your personal data, billing data and other related data in line with any applicable data processing and/or retention obligations. Your personal data collected and referenced above shall be retained for a period of five (5) years following termination of all GO p.l.c. services; such data may be retained for longer periods in the event of prospective or pending debt collecting, legal or law-enforcement proceedings and until such proceedings are formally and definitively concluded and until all pending debts and legalities are settled in full.

6.  Your personal data may be provided to trusted third-party processors for the purposes of product and service provision including roaming services, installation, maintenance and repair of services, customer care and client communication services, verification of identity and personal details, credit reference, fraud prevention, business scoring, credit scoring, debt collection and recovery. Such processing shall be conducted in compliance with all legal requirements as well as Our strict privacy and data protection codes and policies.

7.  GO p.l.c. may transfer Your data to other company offices or other group companies for purposes connected to the management and administration of the Data Controller’s business.

8.  We may, if necessary, transfer Your data to other company offices or other group companies or to trusted third parties located outside the European Economic Area for administrative purposes, storage and/or compliance with legal or contractual obligations and for the purposes of product and service provision including roaming services. Such transfer shall only be effected to third countries or territories providing sufficient and appropriate safeguards to Your personal data in compliance with all legal requirements as well as Our strict privacy and data protection codes and policies.

9.  We will ensure that all companies to which We disclose Your Personal Data will only process it in accordance with Our instructions and on Our behalf, and may only use such data to the extent to which We ourselves are entitled. All such companies and third parties will further be required by Us to meet the requirements of data protection legislation and GO p.l.c.’s strict privacy and retention policies to keep Your information secure at all times.

10.  We may, if necessary or authorised by law, provide Your Personal Data to Law enforcement agencies, regulatory organisations, courts or other public authorities. We attempt to notify our Customers about legal demands for their Personal Data unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when We believe that the requests are disproportionate, vague or lack proper authority, but We do not promise to challenge every demand.

11.  Your Personal Data shall not be processed for purposes other than those it was collected for; should further processing be required, You will be informed of that purpose and provided with all necessary information.

12.  You have the right to request access to and rectification of Your Personal Data as held by GO, the right to restrict processing, the right to object to processing, the right to data portability as well as the right to be forgotten, in certain circumstances. Such requests will in no way affect the lawfulness of processing prior to the lodging of any of the above requests. Please refer to our Privacy Policy for more information on what these rights mean and how you may exercise them.

13.  You have the right to request access to and a copy of Your personal data as processed by Us. Please refer to our Privacy Policy for more information on what this right means and how you may exercise it.

14.  Subject to applicable law We may, for accurately carrying out and confirming Your instructions, for training purposes and/or in order to improve the quality of Our customer services, monitor and/or record communications, including calls, email communication and online chats, made to Us.

15.  You have the option of receiving direct marketing from Us. You acknowledge that, once You have explicitly consented to do so at the time of Application, marketing material shall be sent to You by Us to inform You about products, services, packages, offers, competitions and/or any other commercial opportunity or event provided by Us or by Us in conjunction with selected third parties. This is done to improve any of the Services You have been provided with by Us. You understand that, if You have consented to receive direct marketing, this may be sent to You via mobile voice, mobile SMS, fixed phone, post, bills, email and other electronic means.

16.  You have the right to opt out of any direct marketing at the time of Application. In such case, no marketing material shall be sent to You. If You consented to the use of Your personal data for direct marketing purposes and You no longer wish to receive such information You may inform Us in writing by filling in a Change in Consent Form which is available at Our outlets, Our agents and on Our website. This form may then be submitted to Us at such outlets or agents or by sending it to Us by mail at Customer Experience Section, GO p.l.c, Fra Diegu Street, Marsa MRS 1501, Malta.

17.  Your personal data may be processed for market research and statistical purposes so as to improve the Services we offer You and Our customers.

18.  Your personal data may be processed for the purposes of automated decision making; should such further processing be required, You will be informed of that purpose, and provided with all necessary information including the logic involved, as well as the significance and the envisaged consequences of such processing. For further details, please refer to our Privacy Policy.

19.  You are responsible to provide Us with personal data that is correct and inform Us of any changes occurring in Your Data in writing in order that We may take all reasonable measures to keep Our records in Your regard correct and up to date.

20.  In line with applicable law, We shall, where lawfully obliged, notify the competent authorities and/or You in cases of personal data breach and will keep a log of any such breaches. For further details, please refer to our Privacy Policy.

21.  To find out more about how We process Your information, you are encouraged to read Our Privacy Policy and Cookies Policy both of which may be updated from time to time and which are always available at www.go.com.mt