The following are the Standard Terms and Conditions (“the Terms”) applicable in respect of the pre-paid mobile telephony services being provided to you (“the Customer”) by Melita Limited (“Melita”). Access to and use of this service is subject to the following Terms. By using this facility, you are agreeing to all of these Terms, without modification. For more information, please contact Customer Care on 100 (call is free) from your Melita Mobile number, or +356 77100100 from any other network
These Terms should be read in conjunction with the Mobile Conditions of Service, any Specific Terms and Conditions applicable to the tariff plan and/or promotion subscribed to, and the Data Protection Notice. Terms are available by visiting our website www.melita.com.
1.GENERAL DEFINITIONS
This Agreement contains various words that start with a capital letter and have a defined meaning. We set out below what these defined words mean. Words which are particular to specific services are defined under their respective sections.
“Account” means the Customer’s Melita prepaid mobile telephony account;
“Agreement” means these standard terms and conditions, together with the Acceptable Usage Policy, Traffic Management Policy as established in Regulation (EU) 2015/2120, any other applicable terms and conditions specific to a particular tariff, promotion or offer and any other document referred to or incorporated herein and any additional or varied terms and conditions as we may notify you with;
“Charges” means the charges as periodically updated in the Tariff Plan for the Services provided by Melita, which Tariff Plan may be updated from time to time.
“Customer” and “you” means the person/s named on the Services Application Form as the Account holder; and “your” shall be construed accordingly.
‘Device’ or ‘Equipment’ means any mobile equipment, including your handset, SIM Card, data device or any other equipment approved by Melita for connection to its mobile network.
“Melita” and “we” means Melita Limited; and “our” and “us” shall be construed accordingly.
“Melita Agent” means any person authorised to promote and sell the Services or carry out business activities on Melita’s behalf.
“Network” means the Network owned and operated by Melita in order to provide the Services to its Customers.
“Service” or “Services” means the mobile telephony service provided by Melita, which service is provided through a pre-paid mobile telephony subscription, and which may include inter alia voice, SMS, data services, and any other service which Melita might decide to offer in the future.
“SIM” shall mean the Subscriber Identity Module referring to both the traditional physical SIM card or eSIM (embedded Subscriber Identity Module), which enables you (together with a handset or other equipment) to access our Services.
“Territory” means the Republic of Malta.
“User” means the Customer or any other person making use of the Services.
2. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
2.1 Melita will only be bound by the order shown on the Services Application Form when it has been signed by the Customer and accepted by Melita.
2.2 Melita will check the credit worthiness of the Customer and has the right to accept or refuse the Customer. Melita reserves the right to deny Service to any Customer (i) who does not qualify under our current credit policy; (ii) who has a history of failure to pay charges or fees for any of Melita’s services or for any of its parent or subsidiary companies; (iii) who has previously misused any of Melita’s services or (iv) has violated any portion of any service agreement.
2.3 Melita shall exercise such reasonable skill and care in the provision of the Service as may be expected of a reasonably competent electronic communications operator. We are however unable to guarantee that our Services and/or Equipment will be uninterrupted and/or fault free and we do not guarantee availability of our Network at all times. Melita shall not be held responsible for any interruption beyond its control,
2.4 Melita will endeavour to resolve any complaints that you may have regarding the Services as soon as possible. Customers who are not satisfied with Melita’s service and would like to escalate the matter further, may contact Melita by email on complaints@melitaltd.com or by post, by sending a letter addressed to Complaints Department, Melita Limited, Gasan Centre, Triq il-Merghat, Zone 1, Central Business District, Birkirkara, CBD1020 in accordance with Melita’s Complaint Handling Procedure. Should the Customer feel unsatisfied with the response or resolution of the complaint, may lodge a complaint with the Malta Communications Authority. Alternatively a Customer may lodge a complaint through the Online Dispute Resolution Platform. You may check Melita’s complaints procedure by accessing https://www.melita.com/complaints-handling-procedure/.
2.5 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 Services 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) and to impose a maximum top-up level currently at two-hundred and fifty Euro (€250) , which amounts may be amended by Melita from time to time;
(e) take any other action granted by law to safeguard its statutory rights arising out of this Agreement.
(f) remove any material that violates our policies or applicable law;
(g) hold you liable for any damages resulting from the violation of any of our policies or breach of this Agreement; (h) disconnect you from the network in either one of following:
(i) you do not carry out any revenue generating activity in a period of three hundred and sixty-five (365) days. A revenue generating activity can be either an outgoing activity being one of the following: a voice call, an SMS, an email or data session. A revenue generating activity is only considered valid if it is chargeable. If a Customer donates credit to another pre-paid customer through the Credit Transfer Service, it is not considered as a revenue generating activity. If a Customer carries out a revenue generating activity, the 365 day period shall start afresh; or
(ii) you have no credit in your account and remains without credit for a period of ninety days (90), known as the grace period. If a Customer receives credit from another pre-paid customer through the Credit Transfer Service and does not use such credit, it shall not interrupt the grace period. During the grace period the Customer can receive calls and SMSes, but cannot receive calls when roaming, and cannot make any outgoing calls, except calls to emergency services. If a Customer tops up during the grace period, all services will resume to normal.
3. YOUR RIGHTS AND RESPONSIBILITIES
3.1 You must give us promptly and accurately all the information which may be needed so that we can perform our obligations under this Agreement. You must notify us immediately if any of your personal details in the application for Services change.
3.2 You agree that: a) as the user of the service you are responsible for your account and you will keep the password and/or PUK Codes (1) and (2), if any, secure and not let them become public knowledge and will not be stored anywhere on a computer or in plain text anywhere else; b) if the password/PUK’s, if any, becomes known to any other unauthorised user you will inform Melita immediately; c) you shall not use, and shall not authorise, permit or tolerate any other party to use, the Service for the transmission of any material which is in violation of any law, regulation, guideline, decision or directive in force in Malta or which is defamatory, menacing, obscene, in breach of third party intellectual or industrial property rights or in breach of trade secrets or for the purposes of harassing third parties; d) you are solely responsible for the communication and content, in whatever form, originating from the use of the Service.
3.3 You agree to immediately notify Melita of any unauthorised or illegal use of the Service of which you become aware.
4. SERVICES
4.1 The Services will be available to you provided you: (a) are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services; (b) comply with your obligations as set out in this Agreement ; (c) do not use the Services for anything illegal, immoral or improper; (d) pay your bill on time or keep your pre-paid account active; (e) only use the Services with the equipment and SIM we have approved for use on the Network; (f) give us valid information we reasonably ask for and do not give us false information; (g) follow all reasonable instructions we give you and any reasonable guidelines we make available to you; (h) do not use the Services for making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls or for infringing another person’s rights including copyright or other intellectual property rights; (i) the customer complies with all laws of the Republic of Malta; (j) they are not used to send, receive, upload, download or otherwise facilitate any material which is of a menacing nature, a nuisance, a breach of privacy or unlawful.
4.2 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. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. 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.
4.3 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.
4.4 When subscribed to an unlimited service Melita will not limit your bandwidth or set monthly thresholds, your service will remain unlimited. Nevertheless, your use of the service is subject to your using it for private, personal and legitimate consumer purposes. You should not use the service in an illegal manner causing congestion and threats to the security of the network. Should such a situation arise Melita will not apply restrictions to your download capacity, but will first make reasonable efforts to contact you.
5.EQUIPMENT
5.1 Any Customer Equipment which you connect to the Network must meet all relevant laws and regulations. Upon receipt of a device from Melita in accordance with an applicable promotion or deal, all risk and responsibility in relation to such device shall pass onto the Customer, provided that Melita shall provide the Customer with a warranty in terms of applicable law.
5.2 Where Equipment is purchased from Melita, Customer shall not be covered in case of deterioration of the Equipment due to normal wear and tear, misuse, negligence or accident, defects or damage due to spillage of food or liquids, corrosion and other exposure to moisture, this without prejudice to the rights emanating from Articles 73 – 81, Part IX; Sale of Goods to Consumer of the Consumer Affairs Act (Cap. 378).
6. CHARGES
6.1 You are responsible for all charges for Services made from your SIM. Itemised billing is not available for Melita’s pre-paid service. Charges for Services shall be at the rates established by Melita, subject to lawful change at the discretion of Melita in accordance to the applicable tariff plan. Melita shall normally offer a range of tariff plans with different rates and methods of charging. Charging rates and methods may vary depending on the type of service sent or received. Melita reserves the right to cease offering and/or replace its tariff plans from time to time. Existing tariff plans may not always be available. You are advised to read the Specific Terms and Conditions applicable to your Offer which are available from the Melita website at www.melita.com. You may change from one tariff plan to another subject to the tariff rules applicable thereto.
6.2 Mobile data is charged on the basis of the volume of data sent and/or received by your Equipment over the Network. Melita’s determination of the volume of data shall be conclusive. For reasons beyond Melita’s control, volumes may vary depending on the type of Equipment used by you. Volume indications given on handset screens may not be accurate.
6.3 Melita reserves the right to back-charge you for any services provided.
6.4 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.
7. SUSPENSION AND VARIATION
7.1 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;
7.2 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 subject to Clause 4.4. During any time of reduction, suspension or restriction you will remain liable for the payment of your Service charge.
7.3 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.
7.4 Melita shall have the right to vary this agreement at any time by giving you 30 days’ written notice of such amendments and such amendments shall automatically become part of this agreement at the end of the said notice period. If you do not accept any such amendments, you have the right to terminate the agreement without incurring any penalty during the 30 day notice period.
8. TERM AND TERMINATION
8.1 This agreement shall commence on the date of acceptance by Melita and shall continue until terminated as stipulated hereunder or as otherwise stipulated in any applicable tariff or offer. Melita reserves the right to charge a termination fee.
8.2 Service may be disconnected promptly and without notice by Melita, if:
8.3 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.
8.4 Upon termination of this agreement, Melita shall disconnect your Equipment from the Network. If you terminate this agreement or you are disconnected from the network, you will lose any unutilised credit on your account.
9. INTELLECTUAL PROPERTY
9.1 All trademarks, service marks and trade names used on or in connection with Melita services are the property of their respective owners. You must respect the intellectual property rights of Melita and any owner of intellectual property whose protected property may appear on any website controlled by us or accessed through our services. Except for material in the public domain, all material displayed in association with our service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed or otherwise exploited, in whole or in part, without the permission of the owner.
10. DATA PROTECTION
10.1 Your personal details and customer information shall be processed by Melita, any of its subsidiary companies, any related company, in accordance with it’s Data Protection Notice which is accessible through the Melita website www.melita.com
10.2 Melita shall not provide you with any statements in relation to your Account or records of calls made or received in the normal course of the Service unless such request is made in accordance with the Data Protection Act.
11. LIMITATION OF LIABILITY
11.1 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.
11.2 You acknowledge that the service is not fault free and that the voice and data 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. Nothing herein shall have the effect of excluding or limiting the liability of Melita for death or personal injury resulting solely from its act or omission.
11.3 You also agree to hold us harmless from and indemnify us, our dealers, staff, and directors for and against liabilities, damages, indirect or consequential 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.
12. LAWFUL INTERCEPT & DATA RETENTION
12.1 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.
13. MISCELLANEOUS
13.1 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.
13.2 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. In line with the applicable legislation, Melita reserves the right and discretion to vary all or any of the Terms and Conditions from time to time.
13.3 Melita cannot accept responsibility for offers related to the provision of the Service made elsewhere other than in its own advertisements or publications or for any promises, representations, waivers, indulgences or other purported variations of these Terms and Conditions unless confirmed in writing by an authorised employee of Melita.
13.4 Headings to the articles of the agreement are for ease of reference only and shall not affect the interpretation or construction thereof.
13.5 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.
13.6 Any notices we or you give each other shall be in writing and must be delivered by hand, sent by fax, by email or ordinary post to you at your registered address or email address or to us at Melita Ltd, Gasan Centre, Triq il-Merghat, Zone 1, Central Business District, Birkirkara, CBD 1020. Any written notice sent to you by us is deemed to have been received by you three days after being posted to your last known address known by us.
13.7 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.
14. SHORTCODES, DIRECTORY SERVICES AND PREMIUM NUMBERS
14.1 Melita offers free mobile calls/SMS to Short Codes of Tariff Type A listed in the Short Code Matrix available here. Any other short code being of Tariff Type B or C is charged the Standard Call Rate as per tariff plan. These are applicable when using the service locally.
14.2Calls to Go Directory Enquiries are charged at €0.95c (rate is inclusive of VAT but exclusive of Excise tax).
14.3 Calls to the 800 range will be charged as per the Standard Call Rate. Customers subscribed to a calls bundle, will have such call deducted from this bundle. Calls to the 8000 range, the conveyance element towards commercial premium and premium donation numbers are free.