Mobile Service Application

1. OBJECT AND INTERPRETATION DEFINITIONS

1.1 ‘Access Charges’ means the charge for the Customer to have access to the network system as defined in the Tariff Plan Guide.

1.2 ‘Agreement of Granting of Free Gift’ refers to an Agreement for discount on usage or free or discounted mobile phone or other device entered into by the Customer and GO for the period specified in the Agreement.

1.3 ‘BlackBerry®’ means the BlackBerry® service to which the Customer is subscribed. The BlackBerry® service enables users of the GO network to access the BlackBerry® service/s as specified in the Order Form.

1.4 ‘Charges’ means the charges as periodically updated in the Tariff Plan Guide for the contract subscription entered into between GO and the Customer.

1.5 ‘Connection’ means the connection of the device to the SIM Card and/or the device to the network system.

1.6 ‘Connection Charges’ means the charge for the Customer’s use and/or device to access the  Network Services provided by GO or the partner networks of GO as defined in the Tariff Plan Guide and/or Order Form.

1.7 ‘Customer’ means the person legally or naturally named in the Order Form who is responsible for the payment of service.

1.8 ‘Data Services’ means a suite of Services that GO makes available to its Customers enabling them amongst other things to search for information, undertake payments, retrieve electronic mails, search by location and provide mobile multimedia.

1.9 ‘Device’ means mobile equipment, including charging unit and SIM Card, approved by GO for connection to its network.

1.10 ‘Fair Usage Policy’ refers to GO’s guide to the usage of voice, SMS, Internet, email and other data services, as defined in its website.

1.11 ‘GO’ refers to the services provided by MobIsle Communications Ltd and any successor in business or assignee.

1.12 ‘Internet/email Access’ includes data services, which means a connection that GO makes available to its Customers enabling them amongst other things to connect to the Internet/Intranet, download/upload/browse WAP, access their email or establish a point-to-point connection and provide mobile multimedia services.

1.13 ‘Order Form’ means the contract that when signed by the Customer and GO, will bind the Customer and GO to the stipulated Terms and Conditions.

1.14 ‘Network Services’ means network and other Services provided by GO and made available for the Customer’s use.

1.15 ‘Roaming Customer’ means the Customer named on the Order Form with a valid service provided by GO for international use in other countries. The Roaming Customer shall be liable to any charges whilst overseas and GO shall charge the Roaming Customer for any charges affected whilst roaming.

1.16 ‘Services’ means the services made available to the Customer by GO through one of its Tariff Plans, Packages and or other Data Solutions available from time to time. ‘Tariff Plan Guide’ means the web publications listing of GO’s current charges, which may be updated from time to time.

1.17 ‘SIM Card’ means the Subscriber Identity Module which contains the subscriber information and which, when used with the equipment, enables access to the network system and services.

1.18 ‘System’ means the authorised system as made available by GO.

1.19 ‘User’ means the signatory of the contract or any other person notified to GO by the signatory as authorised to use the service as specified in the order form.

1.20 ‘Weekend’ refers to the time-frame from Saturday at 00:00 hours to Sunday at 23:59 hours..

1.21 ‘Initial Term’ means the initial period of the Agreement, which is indicated therein and which starts to run from the date of Connection to the network.

 

2. ACCEPTANCE OF ORDER

2.1 GO and the Customer will be bound by the order shown on the Order Form when it has been signed by the Customer and accepted by GO. 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 provisional digital signatures when the latter become legally acceptable.

2.2 The Tariff Plans, Packages and Data Solutions available from time to time are provided and operated by GO and the associated benefits and services are subject to the following Terms and Conditions. By subscribing to one or more of these Tariff Plans, Packages or Data Solutions, you are agreeing, without any reservations, to all of these Terms and Conditions and/or to the Terms and Conditions as may be specified from time to time on GO’s website.

2.3 All Charges quoted in the Tariff Plan Guide are inclusive of VAT but excludes Excise Tax, unless otherwise stated.

2.4 The Access Fees, Charges, Monthly Bundles and Gifts specified in the applicable Tariff are those as stated in GO’s Tariff Plan Guide, available on GO’s website.

 

3. CONNECTION TO THE SYSTEM

3.1 GO provides outdoor coverage in 99.8% of the land territory for 2G and 99.7% of the land territory for 3G service. These predicted percentages are derived from GO’s radio planning systems and represent coverage during normal operation of the respective Networks. In ideal optimal conditions, the mobile Network can deliver an approximate maximum download internet speed of 150 Mbps and an approximate maximum upload speed of 50 Mbps when using 4G technology. This data is given for information purposes only and may change with technology advancements. GO will use reasonable efforts to make the Network Services available to you at all times. Quality and availability of the Network Services may be affected by factors outside GO’s control. You hereby acknowledge that GO is not responsible for any problems related to lack of quality or lack of services during certain circumstances outside GO’s control such as local physical obstructions, atmospheric conditions, other external sources of radio interference, abnormally high utilisation of the network or faults in other telecommunications systems to which GO’s system is connected. GO has no responsibility for the Network Services offered to GO customers by partner networks in Malta and abroad.

In cases where we establish that your internet service with us has experienced continuous or regularly recurring problems, at our sole discretion we may offer you compensation or a partial refund, subject also where applicable to any previous compensation and/ or partial refunds we may have already given you.

 

4. PAYMENT

4.1. The Customer will pay GO all the Charges applicable to the Service as defined in the periodically updated Tariff Plan Guide available on GO’s website and as incurred by the Customer during the charging period.

4.2. The Customer may, subject to GO’s approval, opt to pay by Direct Debit or by Cash/cheque/Credit Card according to the Terms and Conditions of each method of payment as listed and updated from time to time in the Tariff Plan Guide. GO reserves the right to allow Customers to pay through alternative means when these become available to the Customers and are legally acceptable under the laws of Malta.

4.3. The Customer must fill in the Order Form and any other relevant form related to the Service. All information is regarded as being correct at the time of entry of the details.

4.4. GO will check the credit worthiness of the Customer and has the right to accept and refuse the Customer. By signing this contract, the Customer implicitly gives consent to GO to undertake any quality checks it deems necessary to safeguards own rights and interests.

4.5 The Subscriber acknowledges and agrees that timely payment is of the essence. In the event that the Subscriber defaults in effecting timely payment through an accepted method of payment, as specified above, within the period allowed for payment, the Subscriber acknowledges that GO may, subject to applicable law:

a. restrict, downgrade, suspend and/or terminate the Service; and/or

b. levy a late payment fee of €2.33 if payment is not effected by the “Due Date” as specified in the bill ; and/or

c. levy late payment interests at the maximum rate allowed by law.

The Subscriber acknowledges and agrees that any late payment fee and/or late payment interest levied shall be for the mere delay in effecting the payment due. Furthermore, the Subscriber shall assume full responsibility for all costs and expenses which GO may incur (including any legal fees and expenses) for the recovery of any amounts due. Without prejudice to the aforementioned, were allowed by law, a recovery charge may be levied.

4.5. Any rates/offers that apply during the Weekend shall be regulated as follows:

a. Customers starting a call before 00:00:00 hours on Saturday and ending the call after midnight shall be charged the standard Tariff rates.

b. Customers starting a call on Sunday evening by 23:59:59 hours and ending the call after midnight shall continue to benefit from the Weekend rates/offers.

 

5. OBLIGATIONS OF THE CUSTOMER.

5.1. The Customer will provide GO with the correct, accurate and current identification information when registering for the service and will immediately notify GO of any changes thereafter.

5.2. The Customer shall use his/her own encryption of other security mechanisms to ensure his/her own privacy of transmitted material.

5.3. The Customer hereby agrees and binds him/herself to comply with GO’s Fair Usage Policy, available on its website.

 

6. OBLIGATIONS OF GO

6.1. GO will comply with the applicable local legislation, in particular local Data Protection Laws, and all ensuring regulations. Any personal details provided for registration purposes will not be disclosed to any third parties without the Customer’s consent or unless permitted by law.

6.2. GO will endeavour to maintain its systems available at all times, however GO cannot guarantee an uninterrupted service.

6.3. GO takes its Customers’ privacy seriously, and is committed to managing all personal data transparently and fairly. The Customer acknowledges and agrees that GO will retain his/her personal data, traffic data and other related data in line with any applicable data retention obligations and in

case of traffic and billing data of paid and uncontested bills for no longer than one year (the term) after the bill is paid and settled in full. The Customer agrees that any action for contesting the bill will be solely and exclusively available during this term.

6.4. The Customer also agrees and consents that his/her personal data, traffic data and communications data relating to his/her use of the electronic communications service will be retained and processed in line with the applicable data protection legislation and that GO may disclose any of this:

a. Between the subsidiaries of GO p.l.c. Group and other third parties for the purpose of providing better value and services, in particular on the electronic communication services or other services as might be provided by the Group. The GO p.l.c. Group commits to preserve all the Customer’s rights as data subject at all times.

b. If required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the terms of the Agreement, respond to claims that any use of the Service violates the rights of third parties, or otherwise to protect the rights, property or personal safety of GO p.l.c Group and its subsidiaries, its users and the public.

6.5. GO will use the information supplied to it by the Customer only for its intended purpose. No information relative to the Customer will be utilised in any other manner unless with the written consent of the Customer.

6.6. The Customer has the right to require, upon due verification, access to his/her personal data as well as the right to rectify or, in appropriate circumstances, erase any inaccurate, incomplete or immaterial personal data processed by GO.

6.7. The maximum time for the initial connection of the Service shall not exceed forty-eight (48) hours from the date of application. 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.

6.8. The maximum time for disconnection of the Service shall not exceed fifteen (15) days from receipt of a written notification from the Subscriber, 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 Subscriber adheres to the disconnection process specified in the Agreement, the Subscriber shall not be liable to pay for the Service after the disconnection notice lapses.

6.9. 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.

6.10. In certain cases, the Customer may be entitled to compensation for the loss of Service. Further details on the circumstances entitling the Subscriber 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.

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

 

7. AGREEMENT FOR THE GRANTING OF FREE CREDIT

7.1. Customer choosing to sign an Agreement for the Granting of Free Gift with GO shall be bound by the amount specified in the Order Form and/or the Tariff Plan Guide. Customers signing an Agreement for the Granting of Free Gift are:

a. Regulated by these Terms and Conditions together with the conditions of the said agreement;

b. Bound to remain subscribed to the chosen Tariff for the period specified in the said agreement; and

c. Liable to pay GO the penalties as outlined in the said agreement and/or the Tariff Plan Guide if they wish to terminate their subscription to the Tariff specified in the Order Form prior to the lapse of the Agreement for the Granting of Free Gift’s term.

 

8. INTERNATIONAL ACTIVITY AND ROAMING

8.1. The International Calling and Roaming rates are as specified in GO’s website.

8.2. All International and Roaming activity is charged over and above the free minutes/data usage included in the Tariff’s monthly bundle, where applicable.

8.3. On connection, if the Customer applied for the services and subject to Credit Control approval, the Customer will be allowed to make international activity and roam with the partner networks with which GO has a roaming agreement.

8.4. GO’s Data Solutions may provide different data roaming rates and/or include roaming data bundles. Where this does not apply or the relevant data bundle is exhausted, the standard roaming data rates as published in GO’s website shall apply.

8.5. Once you select a particular rate and bundle, you agree that you will be bound by the Terms and Conditions of the particular bundle, as specified in the Tariff Plan Guide.

8.6. GO reserves the right to vary or change the bundles without notice, including the particular Terms and Conditions:

a. As a result of circumstances independent of GO’s control including technical, commercial difficulties, or any unforeseeable circumstances;

or

b. As a consequence of the termination or suspension of any particular agreement that GO may have with any third party in connection with the provision of the Service;

or

c. For reasons aimed at the improvement of the Service offered.

8.7. GO may amend the Agreement at any time in its sole discretion, provided that it shall give the Customer thirty (30) days’ notice prior to such amendments taking into effect. Should the Customer not wish to accept the proposed changes, the Customer must, within 30 days of having been so notified, inform GO of such non-acceptance. Failure to so notify GO in writing of such non-acceptance will constitute an irrevocable acceptance of any such changes for as long as the Customer remains subscribed to the Service.

 

9. TERM

9.1. 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.

 

10. USE OF NETWORK SERVICES

10.1. Apart from the Fair Usage Policy, available on GO’s website, the Customer should be aware that the current statutory provisions relating to terminal equipment and electronic communication services apply to the use of the Services via the respective device/s. In addition, the Customer must:

a. Not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication that is of an offensive, abusive, indecent, obscene or menacing nature, or for sending unofficial junk mail (known as ‘spamming’).

b. Not reverse the charges on any data calls made in Malta, or allow anyone else to do this.

c. Comply with any reasonable instructions issued by GO that concerns the Customer’s use of Network Services, subscriber equipment or related matters and not use the Service in any way that stops, slows down or otherwise damages the Service, thereby seriously jeopardising its effectiveness or functionality for other users.

d. Not use data services in any manner which constitutes a violation or infringement of copyright or trademark.

e. Provide GO with all such necessary information that GO may reasonably require.

f. Only use a SIM card for connection to the System.

10.2. Any SIM Card GO supplies to the Customer remains the property of GO but it is the Customer’s responsibility to keep it safe. SIM Cards are easily damaged and should be handled with care. GO will replace any SIM Card found to be defective by reason of faulty workmanship or design free of charge but may charge for replacing or renewing a SIM Card in any other circumstances. GO reserves the right to recall any SIM Card from the Customer at any time to enhance or maintain the quality of the Network Services.

10.3. The Customer must inform GO immediately in the event that a SIM Card is lost, stolen or damaged. The Customer may request a replacement SIM Card and GO may provide it as soon as reasonably practicable, but GO reserves the right to charge the Customer for this SIM Card.

 

11. SUSPENSION AND DISCONNECTION

11.1 GO will endeavour to give the Customer a notice period of 15 days prior to suspending access to the Service in any of the circumstances that follow:

a. If the customer fails to comply with any of these Terms and Conditions.

b. If the Service Charges incurred by the Customer exceed the credit limit allocated to the Customer by GO in the given time frame. Notwithstanding GO may decide not to take immediate action once the limit is reached

c. If the Direct Debit Mandate completed by the Customer is not accepted by the Customer’s bank or is subsequently cancelled.

11.2 GO will suspend the Customer from accessing the Service without giving prior notice in any of the circumstances that follow:

a. The minimum Service availability on GO’s Network over a one year period, excluding Force Majeure cases and/or faults attributable to the Subscriber and/or other third parties, is 99%%. In the event of faults to GO’s Network for reasons not attributable to Force Majeure, the Subscriber and/or other third parties, GO binds itself to restore the Network Service within 4 working days from when it becomes or is made aware of the fault. This timeline does not apply to any damages and/or faults to the Subscriber’s Equipment. The Subscriber agrees to adhere to any reasonable instructions issued by GO in order to facilitate Service restoration. Where such instructions are not adhered to, the Subscriber acknowledges that GO may not be able to adhere to this timeline.

b. If the Customer at any time fails to meet GO’s requirements as to its credit worthiness or if GO reasonably believes that this Agreement or any other agreement for Network Services has been entered into fraudulently, or GO reasonably believes the equipment of the SIM Card is being used for criminal or unlawful activities by the Customer or any other person.

c. If GO becomes aware or has reasonable cause to believe that fraudulent use of the Customer’s number is taking place with or without the Customer’s knowledge.

d. In the event of notification of loss or theft of the Apparatus and/or the SIM card the Customer is still bound to honour all the payment terms stipulated under clause (c) above.

I. Notwithstanding any suspension of the Services under this clause, the Customer shall remain liable for all charges due hereunder throughout the period of suspension, unless GO at its sole discretion determines otherwise.

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

a. In fulfilment 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 GO’s control.

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

 

12. TERMINATION

12.1 The Service may be terminated by GO at the Customer’s request, given a prior notification of 15 days. 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 it is personally delivered. Should the Customer terminate the Agreement in this manner, he shall be bound to pay GO the balance of all the charges for the Service until the termination date.

12.2 GO may by notice terminate this Agreement immediately in any of the following circumstances:

a. If the Customer fails to comply with any of the Terms and Conditions, including the applicable Fair Usage Policy, within this agreement and any other agreement reached between the Customer and any representative of GO.

b. If the Customer makes or offers to make any agreement of composition with creditors or commits any act of bankruptcy or if a declaration of bankruptcy is filed in Court by the Customer or demanded against him or if the Customer is a limited company and any resolution to wind up that company is passed or if a liquidator is appointed over the whole or any part of such company’s assets or if GO reasonably anticipates that any of the events in this clause (2)(b) are imminent.

c. If the Customer will in any manner jeopardise the operation of the Service.

d. If any licence to operate or use the System is revoked, terminated or modified for any reason either in whole or in part.

e. If any service agreement with other Networks/Operators ceases to be available.

f. If Customer tampers with any equipment provided by GO.

12.3 GO shall be entitled to recover as a debt upon invoice therefore addressed to the Customer at his last known address, all costs incurred by GO in or about the enforcement of any obligations of the Customers hereunder, including but not limited to, all costs which GO incurs as a result of the Customer’s failure at any time to provide accurate information as and when required hereunder or in connection herewith.

 

13. ASSIGNMENT

13.1. This agreement is personal to the Customer and may not be assigned by the Customer or any person duly authorised to act on his/her behalf to anyone else. GO may at any time assign this agreement to any third party.

 

14. AMENDMENTS

14.1. In line with the applicable legislation, GO reserves the right and discretion to vary all or any of the Terms and Conditions and charges for the Service from time to time, whether as a result of new legislation, statutory instruments, Government regulations and similar events, or otherwise.

 

15. FORCE MAJEURE

15.1. GO will not be liable to the Customers for 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 System, acts of God, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, actor default or supplier, agent or subcontractor, industrial disputes of any kind or any other similar or dissimilar cause beyond GO’s control.

 

16. LIABILITY

16.1. GO shall not in any way be responsible for any loss of information or damage or injury to the Customer or any other party arising during transit while using GO’s Services, irrespective of whether such loss of information, damage or injury to the Customer or any other party is direct or indirect, consequential or contingent, and whether foreseeable or otherwise.

16.2. GO shall not be liable and will not guarantee the level of service for those services provided by any third party including but not limited to ISPs (Internet Service Providers) and Roaming Partners.

16.3. GO shall not in any way be responsible for the accuracy of any information accessed and for the quality of Internet content made available and accessed through the data service. Neither will GO accept any liability for the consequences of use of information available on the Internet.

16.4. The Customer is responsible/liable for the cost of any damage to the Equipment and/or cost of the Services brought about by misuse, other than the stipulated use, whether with or without the Customer’s knowledge or permission.

 

17. NUMBER PORTABILITY

17.1. Due to possible differential charging for calls made to different networks, it is the Customer’s responsibility to check whether a number belongs to a particular operator prior to making a call. Customers may call 180 (free of charge) while in Malta to check whether a local number has ported to a different network.

 

18. MISCELLANEOUS

18.1. The Customer agrees that this agreement is the complete and exclusive statement of the agreement between GO and the Customer, which supersedes all understandings or prior agreements. Both oral and written, between the two parties. The Terms and Conditions stipulated in the User Guide and the General Terms and Conditions on GO’s website are complimentary to these Terms and Conditions.

18.2. This agreement shall be governed by the Law of Malta and shall be subject to the jurisdiction of the Maltese Courts.

18.3. All notices under these Terms and Conditions will be sent to the address given by the Customer on registration unless the Customer notifies GO of a change to this address. Any notice from GO to the Customer will be deemed served forty-eight (48) hours after posting or on earlier proof of delivery.

18.4. GO cannot accept responsibility for offers related to the provision of the Service made elsewhere than in its own advertisement or publications or for any promises, representation, waivers, indulgences or other purported variations of these Terms and Conditions unless confirmed in writing by an authorised employee of GO.

18.5. The Customer further acknowledges that unless otherwise stated in the Tariff specific Terms and Conditions or otherwise allowed by GO, the Services are intended for personal and individual use only and may not be used in connection with any non-manual mechanism, application and/or software and/or any commercial endeavour.