Pay As You GO Smart Data Plan

These terms and conditions were last updated on 13th November 2018.

A. Your Agreement

1. These terms and conditions form an integral part of Your Agreement for the provision of the Service with Us, together with the following terms (together with any other documents referred therein), where applicable:

a. The Application Form

b. The Special Offer Terms and Conditions

c. The Bundled Plan Terms and Conditions

d. The Tariff Plan Terms and Conditions and/or Schedule of Charges

e. The End User License Agreement (EULA)

f. The Product Terms and Conditions

g. The General Terms and Conditions

2. If any of these documents conflict with one another, the terms will apply in the order of precedence set out above.

3. The Tariff applicable to Your Agreement is specified in the Application Form or through other means by which you have applied for the Service. We reserve the right to stop, suspend, amend or otherwise alter this Tariff, the applicable charges and any benefits derived through it, as well as these terms and conditions, in accordance with applicable laws.

B. The Tariff

1. The Smart Data (the ‘Tariff’) is a Pay As You GO mobile service provided by Us. You subscribe to this Tariff by sending an SMS containing the word ‘SmartData’ to 16410.

2. This Tariff is regulated by the following terms and conditions. By subscribing to this Tariff You are agreeing to all of the terms and conditions below. If You do not agree to any of these terms, You should not subscribe to this Tariff.

3. This Tariff is effective from 14th November 2017 until 12th November 2018.

4. Upon payment of the fee indicated in B.5.b below, You can take advantage from the benefits in term B.5 below.

5. The Tariff consists of the following:

	Tariff Name & Price
a.	Tariff Plan Name	Pay As You GO Smart Data
b.1	Standard Fee	€15 every 4 weeks
b.2	Exclusive to Home Pack Community Members	€12 every 4 weeks
	Local Benefits included:
c.	Calls to any local number	60 minutes
d.	Calls to Home Pack Community Members	Unlimited
e.	SMS to any local number	Unlimited
f.	Mobile Data	2GB at 4G speeds
	EU Roaming Benefits included:
g.	Calls whilst in the EU (Zone 1)	The minutes stipulated in B.5.c are also available when calling Maltese and other EU mobile and fixed line numbers whilst roaming in the EU.
h.	SMS whilst in the EU (Zone 1)	Unlimited SMS to Maltese and other EU mobile numbers whilst roaming in the EU.
i.	Data whilst in the EU (Zone 1)	The data units stipulated in B.5.f are also available when making use of mobile data whilst roaming in the EU.
	Other Local Charges
j.	Calls to local fixed and mobile numbers after the minutes in B.5.c are exhausted but within 4 weeks’ time window	€0.15 Per Minute
k.	Local mobile data after the data units in B.5.e are exhausted but within 4 weeks’ time window	€2 Per 100MB
l.	Video Calls to local numbers	€0.25 Per Minute
	EU Roaming Charges
m.	Calls to Maltese (+356) fixed and mobile numbers after the minutes in B.5.c are exhausted but within 4 weeks’ time window	€0.15 Per Minute
n.	Calls to other EU fixed and mobile numbers after the minutes in B.5.c are exhausted but within 4 weeks’ time window	€0.15 Per Minute
o.	EU roaming mobile data after the data units in B.5.f are exhausted but within 4 weeks’ time window	€2.00 per 100MB

C. Explanation of Charges

1. Unless otherwise stated:

a. All charges quoted in this Tariff Plan are inclusive of VAT and exclusive of Excise Tax

2. Charging for Smart Data:

a. The fee stipulated in B.5.b above is payable upon subscription to the Tariff, that is upon Your sending of the applicable code to 16410 as per term B.1 above.

b. Upon sending the relevant code to 16410, verification will be made by Us as to whether there is sufficient credit on Your Pay As You GO SIM Card for the Tariff to be assigned. If not, the Tariff will not be assigned, in which case the standard pay-per-use rates of Your main tariff will continue to apply.

c. Further to C.2.b above, should enough credit be available for the Tariff to be assigned, You should still await the SMS confirmation from Our end that the Tariff has actually been assigned before making any usage. Any usage done before You receive such confirmation from Us will be rated at the standard pay-per-use rates applicable on Your main tariff plan.

d. The Tariff will be automatically renewed every 4 weeks (or 28 days), assuming there is sufficient credit on Your Pay As You GO SIM Card. If the credit available upon renewal is insufficient, the renewal process will remain active for 28 days. Upon topping-up during these 28 days, the applicable fee shall automatically be deducted from the available credit and the Tariff will be renewed. Should You not wish the auto-renewal to take place, You should send STOP SmartDATA to 16410 (free of charge) before the expiry date, to stop the Tariff from automatically renewing upon expiry.

e. Once the benefits included in the Tariff are consumed, the applicable pay-per-use rates until the expiry of the Tariff’s validity period shall be those mentioned in term B.5 for both local and roaming usage whilst in the EU.

f. The voice calls in B.5.j, B.5.m and B.5.n are charged on a per minute basis

g. If You keep on using Your mobile data beyond the data units included in Your Tariff as specified in B.5.f, any local usage will be charged on a per 100MB basis as per B.5.k. Your usage as stated in clause B.5.k will continue to recur until the expiry date of the Tariff or until you reach €50 worth of data usage, whichever comes first. Any remaining balance from the last 100MB will be lost upon renewal or if the Tariff expires and is not renewed.

h. Further to C.2.g above, If You keep on using Your mobile data locally beyond the €50 worth of data usage, Your applicable data rate whilst in Malta will change to 10c/MB on a per MB basis.

i. Further to C.2.g and C.2.h above:

i. The pay-per-use charge for data as stipulated in B.5.k and for voice as indicated in B.5.j is only applicable during the validity period of the tariff. Should for any reason, the Tariff no longer be renewed, the applicable pay-per-use rate will change as hereunder, until such time the tariff is renewed or re-applied for.

Data	10c / Mb
Voice	25c / Min

J. Unless You have enough credit for Us to charge the applicable pay-per-use rate for local data usage as stipulated in B.5.k and to assign another 100MB of mobile data to Your Pay As GO account, You will not be able to continue to use data on Your Smartphone or other device. You will be required to top-up Your mobile credit to be able to continue using data.

k. Should the Tariff not auto-renew for any reason, the applicable EU roaming charges will be those applicable to the standard Pay As You Go tariffs and as indicated on Our website.

l. The standard roaming rates apply for roaming outside the EU (Zone 1). The rates are specified in Our website.

D. Explanation of Benefits included

1. You can join a Home Pack Mobile Community when You are subscribed to this Tariff. If You join a Home Pack Mobile Community, You will be entitled to the additional Home Pack Community minutes stated in clause B.5.d.

2. The minutes specified in B.5.c are decremented on a per minute basis, both locally and whilst in the EU.

3. The Home Pack Community minutes specified in B.5.d are decremented on a per 30 second basis and are available only for calls made towards the Home Pack Mobile Community members whilst in Malta. Any such calls made whilst roaming in the EU will be decremented from the minutes specified in B.5.c if available or else charged at the applicable pay-per-use rate as stipulated in B.5.m.

4. The data units included in the Tariff are decremented on a per KB basis, both locally and whilst in the EU.

5. Once the Tariff is auto-renewed, all related benefits are reset and any remaining balances of minutes and data units included in the Tariff are lost.

6. You may query the remaining balances of the benefits included in the Tariff, by sending a blank SMS to 16415 free of charge. You will receive the information through an SMS.

7. Any activity made towards premium-rated or other special numbers is specifically excluded from the benefits included in the Tariff and consequently will not be deducted from the benefits specified in clause B.5. These will be charged separately at the applicable rates.

E. Interaction with Similar Plans or Offers

1. Once You successfully subscribe to the Tariff, You acknowledge that:

a) the benefits included in the Tariff and the applicable pay-per-use charges will have priority over any other Super Top Up benefit previously assigned until the validity period of the Tariff expires.

b) Your registration to a Super Top-Up will be automatically cancelled once the Tariff is successfully assigned. This implies that Your next top-up of €10 or more will not automatically re-assign any related benefits.

c) Should You wish to benefit again from any Super Top-Up made available by Us at the time, You will have to apply a-new for the selected top-up benefits. You also acknowledge that upon successful registration to a Super Top-Up You will automatically be unsubscribed from the Tariff. This implies that the Tariff will not auto-renew upon expiry.

d) Further to E.1.c above, You also acknowledge that should You reapply to a Super Top-Up benefit whilst still benefitting from the Tariff, the benefits included in the Tariff and the applicable pay-per-use charges will have priority over any other Super Top Up benefit until the expiry date of the Tariff.

2. Should You wish to renew Your Tariff before the expiry period, all benefits included are reassigned in full and another 4 week validity period will apply. For the avoidance of doubt this implies that any remaining unused benefits will be lost.

F. Add-ons

1. We may make various add-ons available with this Tariff. All such add-ons are clearly indicated on Our Website.

2. Should You decide to opt for an add-on on top of Your Tariff, then You acknowledge that in conjunction with these terms and conditions, the terms and conditions for the selected add-on/s shall also apply.

3. For avoidance of any doubt the Smart Data plan is not compatible with the hereunder listed add-ons:

GO Text	GO Talk	GO Data	TLK – Value Pack
Smart Start	Smart Talk	Speak Easy

G. Other details

1. The list of countries included in Zone 1 is found in Our website.

2. Whilst in Malta, the maximum duration of any call is sixty (60) minutes. Calls will be automatically disconnected when this limit is reached.

3. Any roaming data usage over and above the data units included in this Tariff as specified in B.5.f above, and other data pay-per-use usage in any other country worldwide has an automatic €50 cap. Upon connecting to a roaming data service and upon reaching €40 of roaming data usage, You will be notified via SMS that your mobile data will be stopped upon reaching €50. You will also be informed that you can Opt-out of this capping by sending OPTOUT to 50700295. This will set all Your future roaming data usage as unlimited and without capping. To make sure that future roaming data usage would be capped again at €50 you should send OPTIN to 50700295 at Your discretion.

4. This Tariff is designed, for customers habitually residing in Malta with occasional travel, and is not intended for permanent roaming. More detail around Our EU roaming fair usage policy can be found in The Product Terms and Conditions as specified in A.1.f above.

5. We are solely responsible for matters that are entirely within Our control. We may partner with third parties, as in the case of Roaming partners, to extend the level of Service We provide to You. You agree that You are making use of these services at Your own risk and that We are not responsible for the accuracy, quality or availability of the service provided by these third parties.

6. We reserve the right to stop, suspend, amend or otherwise alter these terms and conditions in accordance with the timeframes stipulated by law.