The following are the Specific Terms and Conditions (“the Specific Terms”) applicable in respect of a particular Service being provided to you (“the Customer”) by Melita Mobile Ltd (“Melita”). These Specific Terms should be read in conjunction with the General Terms and Conditions and with the Terms and Conditions of the applicable tariff plan or promotion. In case of conflict between these Specific Terms and the General Terms and Conditions, then these will apply.
“Charges” means the charges as periodically updated in the Tariff Plan for the Service provided by Melita, which Tariff Plan may be updated from time to time.
“Customer” and “you” means the person/s named as the Account Holder; and “your” shall be construed accordingly.
‘Device’ of ‘Equipment’ means mobile equipment, including your handset, SIM Card, data device or any other equipment approved by Melita for connection to its 3G network.
“Internet/e-mail Access” includes data services, which means a connection that Melita makes available to its Customers enabling them amongst other things to connect to the Internet/Intranet and access their e-mail.
“Melita” and “we” means Melita Mobile Ltd; and “our” and “us” shall be construed accordingly.
“Service” or “Services” means the Internet/e-mail access service owned and operated by Melita which enables Customers to access the Internet and the services offered through it using a wireless connection.
“SIM” means the Subscriber Identity Module (SIM) card which contains your Melita phone number and subscriber information, which enables you (together with a handset or other equipment) to access our Services.
“User” means the Customer or any other person making use of the Internet/e-mail access service specified in the Order Form.
2.2 Additional hardware, software, subscription, credit or debit card, internet access from your compatible handset and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. We are not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
2.3 When outside the coverage area, data usage will be limited to information and applications previously downloaded to/or resident on your device. Actual data download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
2.4 When using the Services, you agree to comply with our Acceptable Use Policy as specified hereunder. In particular, but without prejudice to the generality of the foregoing, you must not:
a. use the Service to commit a criminal offence or in any case for any illegal purpose;
b. use the Service to seek unauthorised access to any computer systems;
c. seek unauthorised access or distribution of any software, data, or material protected by trade secret, copyright, patent or other intellectual property rights;
d. engage in excessive data transfer which disrupts other users’ experience;
e. interfere with the use of the Device or the Services by other customers or disrupt the Services;
f. use the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort to any other person;
g. post or transmit any unsolicited advertising, promotional material or other forms of solicitation, commonly referred to as ‘spam’ by email, webmail or other electronic means to any person, except in those areas that are designated for such a purpose;
h. knowingly or recklessly transmit a computer virus to another user or the Internet;
i. use the Service in a way that would be a breach of privacy or confidentiality;
j. use the Service in a way that would breach the fair use or similar usage policies of any network to which access is gained;
k. do anything which is in contravention of instructions given by Melita;
l. post, transmit, receive, upload or download any R-rated, sexually explicit, threatening, abusive, harassing, defamatory, indecent, racially, ethnically or otherwise objectionable or offensive material;
m. corrupt data, and/or circumvent or seek to circumvent any of the security safeguards of Melita or any of its suppliers;
n. employ a misleading email address or name or alter or falsify information in the header, footer, return path or any part of any communication, including without limitation any email transmitted through the Service;
o. attempt to discover (crack) the user identification or security of a host, network or account. This includes, without limitation, requesting data not intended for you, logging into a server or an account which you are not authorised to access, or testing its security without the permission of its owner;
p. attempt to disrupt any service, host or network. This includes, but is not limited to, the flooding of networks, deliberate attempts to overload a system or attempts to crash a system.
q. harass third parties through the use of language, the number of messages or the size of a message;
r. send any messages to persons who do not wish to receive them (junk mail). Should a recipient indicate that he does not wish to receive any further email, this request must be complied with immediately;
s. send or forward any chain letters, even if requested by the recipient;
t. reverse the charges on any data call made in Malta, or allow anyone else to do this;
u. only use a SIM card to access the Service
v. permit any third party to do any of the above.
3. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
3.1 We shall endeavour to provide an effective and reliable Service. We are however unable to guarantee that our Services will be uninterrupted or fault free.
3.2 We reserve the right to:
(a) hold you liable for any damages resulting from the violation of any of its policies or breach of this Agreement;
(b) block access to the Services if so required to do by any applicable law or following a lawful order issued by any competent court, tribunal or authority or if you violate this agreement or any of our policies;
(c) make available, on lawful request by the relevant authorities, data which might be used for criminal or other police or governmental investigations;
(d) change the Service or any of their features including but not limited to, menu structures, commands, documentation, rates, charges and services offered (including their description, terms and conditions). Notification of any such changes will be provided to the Customer at least 30 days prior to the proposed change. You have a right to terminate the agreement during the said notice period without penalty. Such notification shall be posted on our website: 188.8.131.52/melita.com/. In case of no response, your continued usage of our Services will be deemed acceptance of the changes to the Service;
(e) take any other action granted by law to safeguard its statutory rights arising out of this Agreement.
3.3 Notwithstanding our right to reduce, suspend or terminate the Services or restrict certain types of traffic, if you abuse the Service or breach these Terms, we may send you a formal warning specifying the unacceptable conduct and a notification by us that repeated breaches may result in temporary or permanent disconnection. If we apply a temporary suspension or restriction on you, we may lift this at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. All cases will be considered individually on their merits.
4.1 You are responsible for all charges for Services made from your SIM. Charges for Services shall be at the rates established by Melita, subject to lawful change at the discretion of Melita in accordance to the tariff plan as published from time to time by Melita on its website 184.108.40.206/melita.com/. Melita will give the Customer adequate prior notice of such changes in rates. Such new charges shall be considered to form part of this agreement and shall apply on the expiry of the said notice period.
4.2 Melita reserves the right to back-bill you for any services provided. You are responsible for paying charges for services, even if the charges were in error omitted from your prior invoices.
4.3 Before providing you with the Service and at any time during the course of this Agreement, Melita is entitled to carry out a credit check on you. We will do this by making searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register, as well as other public information. We may use credit-scoring methods to assess the application and to confirm your identity. We may use the information obtained from credit searches and from other lawful sources to take any credit decision affecting this agreement. If at any time during the term of the agreement you fail to meet our credit conditions we may enforce any credit limits on your account, restrict the level of Services we provide to you, only allow certain methods of payment and/or suspend some or all of the Services at any time when you reach the limits established until we have received the full payment of any charges you owe under this agreement.
5.1 WEB browsing can also be accessible whilst roaming. Roaming charges shall apply in such situations and may vary depending on the subscription (pre-paid or post-paid) and the operator you are roaming with. For the roaming charges, please click here
5.2 Melita cannot guarantee that WEB access will always be available whilst roaming, due to the fact that you are not only using Melita’s network and Melita does not have any control on the network you are roaming on.
6.1 Melita may, without terminating the Service, suspend provision of any Service in whole or in part, until further notice, with immediate effect if:
(a) we have reason to terminate the Services in accordance with clause 8 of this agreement;
(b) we need to carry out work relating to upgrading or maintenance of the Service or the Network;
(c) we need to provide support for any technical failure, modification or maintenance of the Service provided that we will use its reasonable endeavours to procure the resumption of the Services as early as possible.
(d) you fail to meet our requirements as to credit worthiness or if we reasonably believes that this Agreement has been entered into fraudulently, or that the equipment or the SIM Card is being used for criminal or unlawful activities by the Customer or any other person.
(d) become aware or has reasonable cause to believe that fraudulent or illegal use of the Service is taking place with or without the Customer’s knowledge;
6.2 Any suspension or unavailability of the Service shall be without prejudice to any other right or remedy which may be competent to Melita but shall not give rise to any claim by the Customer including, without limitation, to any claim for rebate or refund of any fees paid by him/her.
6.3 We reserve the right to monitor and control data volume and/or types of traffic transmitted via your Service and in the event your use of Service risks degradation of service levels to other customers, puts our system at risk, is not in keeping with acceptable use and/or does not comply with these Terms, we reserve the right to reduce, suspend or terminate your Service or restrict certain type of traffic on your Service. During any time of reduction, suspension or restriction you will remain liable for the payment of your Service charge.
7. TERM AND TERMINATION
7.1 This agreement shall commence on the date of acceptance by Melita and shall continue until terminated by Melita or the Customer as stipulated hereunder, or as otherwise stipulated in any applicable tariff or offer. Melita reserves the right to charge a termination fee.
7.2 The Service may be terminated by Melita at the Customer’s request.
7.3 Service may be disconnected promptly and without notice by Melita, if:
a. you fail to pay any charges for Service you are liable to pay under this agreement;
b. you become insolvent or bankrupt, you enter into any arrangement with your creditors or if any legal action is taken or threatened against your property;
c. you or another person at your premises have committed, or may be committing, any fraud against us or against any other person or organisation by using the Services or Equipment;
d. you have breached any of the Specific Terms included herein, any of the General Terms and Conditions, the Acceptable Use Policy, or any other agreement reached between you and Melita;
e. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services and/or the Equipment or at any time during the duration of this agreement;
f. our authority to operate as a public communications provider is terminated or suspended for any reason; or
g. we are required to comply with an order, request or decision by any governmental or regulatory authority.
7.4 Charges for Services up to the date of disconnection will be legally due and collectable. If we disconnect your Service because you failed to pay for the charges you are liable to pay, we will be entitled to recover from you all costs of collection, interest not exceeding the maximum allowed by law, legal fees, as well as any disconnection fees applicable at the time.
8.1 We do not guarantee security. Data encryption is available with some, but not all of our services. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures. We are not responsible for loss or disclosure of any sensitive information you transmit. Our services are not equivalent to landline Internet or phone services. We are not responsible for nonproprietary services or their effects on devices. We reserve the right to terminate your services with or without cause, including without limitation, upon expiration or termination of your mobile service agreement. Your wireless number may be transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites.
9. Data Protection
9.1 Your personal details shall be processed by Melita, any of its parent or subsidiary companies, any related company, by their staff and employees according to the Data Protection Act 2001 (Chapter 440 of the Laws of Malta).
9.2 You acknowledge and agree that any information kept by us in relation to this agreement, including the nature of your transactions, may be disclosed to Banks, Financial Institutions, the Malta Communications Authority, Police and/or the Security Service and other regulatory bodies as may be required by law.
9.3 You acknowledge and agree that we may contact you by mail, telephone, email, electronic messaging including text messaging or fax for the purpose of providing service and billing information and updates, for credit scoring purposes and other customer services.
9.4 You acknowledge and agree that, for training purposes and to improve the quality of its customer services including complaint handling, we may occasionally monitor and record calls and mobile usage made to or by it relating to customer services and telemarketing.
9.5 You acknowledge and agree that your personal data shall be used and processed for the purpose of direct marketing and promotion, and that we may send you information about other products and services supplied by us or any of our subsidiary companies, by mail, mobile, telephone, email, electronic messaging including text messaging or fax. You may, by written notice to us, oppose the processing of your personal data for direct marketing purposes.
9.6 You acknowledge and agree that upon disconnection, your personal data shall be retained and processed by us, our subsidiaries or any authorised third party, for a period of 6 (six) months, in order to carry out studies and/or surveys on the service provided.
9.7 In case of any default by you in the fulfilment of any terms of this agreement, we reserve the right to pass on any information or references contained herein to credit reference agency as well as to any third party legally entitled to receive such information.
9.8 Under the Data Protection Act 2001 (Chapter 440 of the Laws of Malta) you can exercise your right to access and see the personal records held about you. You can ask for corrections, amendments and, where applicable the erasing of such personal data that has not been processed in accordance with the Act. You acknowledge that it is in your interest to advise us of any changes in your status so that our records are kept up to date.
9.9 We may decide to introduce a directory and/or enquiry service. We can put your name, address and telephone number for the Service in all versions of our directory and/or enquiry information service. However, we will not do so if you ask us not to (i.e. you request to be ex-directory). If you exercise this option your details will not appear in any version of our directory and/or enquiry services, and your number will not appear on any calling line display screen that any third party whom you call may have.
10. Exclusion of Liability
10.1 We will not be liable to the customer if unable to provide the Service because of something beyond our control including, but not limited to the following: (1) acts of God, (2) war, (3) hostilities, (4) civil disobedience, (5) acts of terrorism, (6) weather, (7) fire, (8) power failure, (9) failure of interconnected networks, (10) failure of machinery, equipment, (11) malicious acts of vandalism, or (12) strikes or industrial unrest.
10.2 You acknowledge that the Service is not fault free and that the voice quality could be variable and affected by network delays, congestion and availability. We specifically exclude any liability arising from (a) access delays or interruptions; (b) loss of data or liability resulting from any errors, omissions, or mis-statements in any and all information, goods, or services obtained on or through the Service; (c) loss resulting from wrongful delivery or non-delivery of data (d) loss or liability resulting from the acts and/or omissions of Melita unless this is attributable to fraud or gross negligence of Melita or of its employees or other Melita Mobile users and (d) any error, omission or incorrect use of the Service by the Customer.
10.3 You also agree to hold us harmless from and indemnify us, our dealers, staff, and directors for and against liabilities, damages, loss, loss of profits, business or revenue suits and any expenses as a result of loss of service, or the enforcement of these Terms. This Exclusion of Liability will continue to apply beyond the contract period.
10.4 Melita 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 Internet, e-mail access, 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.
10.5 Melita shall not be liable and will not guarantee the level of service for those services provided by a third party ISP (Internet Service Provider), such as e-mail, storage and back-up facilities, secure encryption, and electronic commerce transactions.
10.6 Melita 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 Service.
11. Lawful intercept & Data Retention
11.1 You acknowledge that we are obliged to provide the Services in conformity with Maltese Law including laws dealing with Data Retention and Lawful Intercept. Accordingly we reserve the right to store and forward any records, data and recordings to the relevant authorities when requested to do so by a lawful order of the Police, Court, Tribunal or Regulatory.
12.1 We may transfer our rights and obligations under this agreement, provided that prior notice is given to you. You may not transfer your rights or obligations under this Agreement.
12.2 This Agreement contains the whole agreement between you and us and any previous agreement in respect of the Services to be provided pursuant hereto is revoked by this Agreement. Nothing which is said to you by or on our behalf forms part of this Agreement. If for any reason any term of this Agreement cannot be enforced or relied upon, all other terms of this Agreement shall remain valid and binding.
12.3 Headings to the articles of the agreement are for ease of reference only and shall not affect the interpretation or construction thereof. The failure of either party to insist upon strict performance of any provision of this Agreement, or to exercise any right or remedy to which it is entitled under or in connection with this Agreement, shall not constitute a waiver thereof, and any waiver of any default shall not constitute a waiver of any subsequent default.
12.4 Any notices we or you give each other shall be in writing and must be delivered by hand, sent by fax, by email or ordinary post to you at your registered address or email address or to us at Melita Mobile Ltd, Mriehel By-Pass, Mriehel BKR 3000 Malta. Any written notice sent to you by us is deemed to have been received by you three days after being posted to your last known address known by us.
12.5 The laws of the Republic of Malta apply to these Terms. Any dispute that arises that cannot be settled amicably will be settled in the Courts of law of the Republic of Malta.