1.1 The following are the standard terms and conditions which shall govern the relationship being entered into by and between you and Melita Limited; in respect of TV, Internet, Telephony and/or mobile telephony services provided to you.
1.2 This Agreement, together with all its annexes including the applicable Conditions of Service, must be read in conjunction with any other terms and conditions specific to a particular tariff, promotion or offer. Access to the specific Terms and Conditions of any tariff, offer or promotion is available by visiting our website www.melita.com.
1.3 Upon the Customer’s signature this Agreement together with the Schedule of Charges and any other applicable Conditions of Service, terms and conditions specific to a particular tariff, promotion or offer shall together have the force of law between the parties.
2.1 For the scope of these standard terms and conditions:
(i) “Account” means the Customer’s account for the Service;
(ii) “Agreement” means these standard terms and conditions, together with all its annexes, including the Schedule of Charges, Acceptable Usage Policy, Traffic Management Policy 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;
(ii) “Bundle” means the grouping of any two or more of Melita’s Services under one price.
(iii) “Customer” and “you” means the person named as the signatory to this Agreement and includes any person who we reasonably believe to be acting with your authority, and “your” shall be construed accordingly.
(iv) “Customer Equipment” means any equipment including customer premises equipment (“CPE”), Conditional Access Module, device, handset, third party equipment, batteries or certain accessories which may be purchased by you whether from Melita, a supplier recommended by Melita or an alternative supplier.
(v) “Equipment” means any equipment, Conditional Access Module, device, handset, set-top box, remote, lines, cable, modem, hardware or software and cable drop that Melita supplies or leases to the Customer for the use of or access to the Service/s.
(vi) “Installation Premises” means the address given by the Customer, as shown on the Agreement, where the requested Services are to be provided.
(vii) “Melita” and “we” means Melita Limited (C12715) and “our” and “us” shall be construed accordingly.
(viii) “Network” means the system consisting of fibre networks, a HFC (hybrid fibre/coax) network and/or the 3G network, and/or the WiFi network owned and operated by Melita in order to provide Services to its Customers.
(ix) “Schedule of Charges” means the list of charges related to the Service (excluding charges for usage) which is found in Clause 14 of this Agreement that a Customer may be liable to pay from time to time. All such amounts are indicated inclusive of VAT but exclude Excise Tax Recharge and any other taxes which may be imposed.
(x) “Service/s” means Melita’s publicly available fixed telephony, TV, data (Internet) and mobile telephony services, being provided further to this Agreement. Unless the context suggests otherwise, the word “Service” or “Services” as used in this Agreement shall apply to any one or more of Melita’s Services.
(xi) “Tariff” shall be as defined in Clause 14 of this Agreement.
(xii) “Territory” means the Republic of Malta.
3.1 Melita reserves the right to accept or refuse to provide any Service/s to any Customer. Melita may refuse to provide Service to any person (i) who is not at least eighteen (18) years old; (ii) who refuses to provide a copy of their Identity Card; (iii) who is not the Customer or who is not authorised by the Customer to sign this Agreement; (iv) who after having his credit worthiness and status checked does not qualify for Service under Melita’s current credit policy; (v) who has a history of failure to pay any fees or charges for any Service provided by Melita; (vi) whose Installation Premises falls outside our service area; (vii) who does not live and have a mailing address within our own Network coverage area (viii) who is not the owner of the Installation Premises or if not the owner has been a tenant of the Installation Premises for less than six months or; (ix) who has violated any portion of this Agreement, including its annexes, and/or any other terms and conditions specific to a particular tariff, promotion or offer; (x) who does not have Customer Equipment compliant for the provision of the requested Service; (xi) who has a history of destruction of or tampering with the Equipment or violation of any portion of any Melita service agreement (xii) if it is not practical to carry out the connection for health and safety reasons; (xiii) who does not have suitable electrical network as specified in Clause 5.4 of this Agreement.
3.2 A deposit may be required for your Service to be activated that will be refunded to you at the end of the Service, if there is a balance remaining. Such a deposit does not relieve you from having to pay any and all outstanding amounts and/or charges upon termination of the Agreement.
3.3 We will provide you with the Services within thirty (30) days from date of signature for the term stipulated in clause 10 hereunder; or until the date of use of all the pre-purchased value, if any, if applicable; or up to the value of approved credit limit; or until the contract is terminated in accordance with the terms hereof. Except for those cases beyond Melita’s control, Customer may as per Clause 10.2, terminate his Agreement without incurring any additional charges if Service is not provided within the thirty (30) days from date of signature and/or if the Service is not as described in this Agreement.
3.4 Where a service requires an install Melita reserves the right to check whether the Service may be so installed or connected. When a non-standard installation is required Melita reserves the right to either cancel Customer’s order or provide an ad hoc
installation at an additional charge. A non-standard installation shall not be subject to the standard thirty day period for the initial connection. Services may be subject to certain device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations.
4.1 We will endeavour to provide reliable and effective Service/s. We are however unable to guarantee that our Services and/or Equipment will be uninterrupted; 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. Should the Customer remain without a service for more than four (4) days, in the event of a Network fault, a pro-rata credit refund shall apply to Customer’s Account. This excludes lack of service attributable to (a) force majeure, (b) fault due to Customer Equipment (c) arising out of any circumstance which is attributable to the Customer and/or (d) when the Customer refuses access to his premises within this four day period.
4.2 Melita will endeavour to resolve any complaints that you may have regarding the Services as soon as possible. You may check Melita’s complaints procedure by accessing http://www.melita.com/complaints-handling-procedure/. Notwithstanding, in the event of a fault affecting the Service/s provided to you, Melita shall as soon as possible after notification by you, and no later than seven (7) days in the event of a fault due to the Equipment and fifteen (15) days in the event of a Network fault, carry out any corrective maintenance necessary for which you shall be charged a Home Visit Charge and/or an 1st AM and Last PM Appointment Charge, where applicable, as stipulated in the Schedule of Charges. Without prejudice to the above Melita reserves the right to introduce a product at an extra charge which covers costs arising from corrective maintenance and other services as per the specific terms and conditions.
4.3 We reserve the right to (a) reduce, suspend, terminate the Services or restrict certain types of traffic without notice, due to the Network breaking down and/or requiring maintenance or for any reason specified in Clause 10 of this Agreement, or if the Customer abuses the Service or breaches his/her Agreement; (b) make changes to these terms and conditions of Agreement at any time, after giving the Customer at least thirty (30) days prior notice of the proposed change/s by e-mail or post at the last address provided by the Customer or by posting information on our website. You have a right to terminate the Agreement during the said notice period without incurring additional charges. Your continued usage of our Services beyond this notice period will be deemed your acceptance of the changes to the Service; (c) improve, modify, alter or change the Services or any features in view of technical, operational or commercial reasons; (d) remove any material that violates our policies or applicable law; (e) hold you liable for any damages resulting from the violation of any of our policies or breach of this Agreement; (f) block access to the Service/s if so required by any applicable law or lawful order issued by any competent court, tribunal or authority; (g) make, on lawful request by the relevant authorities, data available which might be used for criminal or other police or governmental investigations; (h) take any other action granted by law to safeguard our statutory rights arising out of this Agreement.
5.1 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 given to us change.
5.2 You agree to follow all the instructions given by us regarding use of the Equipment and the Services including but not limited to the Acceptable Usage Policy and Traffic Management Policy which are accessible by visiting www.melita.com and agree to use the Equipment and the Services for lawful purposes only.
5.3 As the registered Account holder, you are responsible for your Melita Account, you agree to keep any password and/or PIN/PUK code as the case may be, secure by not letting it become public knowledge and not storing it anywhere on a computer or in plain text anywhere else. If the password/PIN/PUK’s, if any, become known to any unauthorised person you agree to inform Melita immediately.
5.4 It is the Customers responsibility to ensure that the electrical and telecommunications networks in the Installation Premises are built and maintained according to the applicable worldwide/EU/local relevant legislation standards. Furthermore should the breach of this requirement result in injury or loss to Melita’s employee or third party contractor or Melita’s property, Customer will be held liable.
6.1 The Customer shall be responsible for any applicable Installation charges/fees together with the Recycling Charge and any other applicable charges as stipulated in the Schedule of Charges and the Tariff.
6.2 If you move to another address, either temporarily or permanently, and you want to transfer the Services to the new address, you will have to pay a Service Transfer Charge, which amount is set out in the Schedule of Charges.
6.3 The Customer shall be responsible to pay any monthly recurring Service fees for the use of the Service/s provided, as established by Melita and subject to lawful change in accordance with the procedure specified in clause 4.3 (b) above.
6.4 Should you choose to upgrade your Service during the term of this Agreement you shall be liable to pay the difference in charges for use of the Service as may be applicable. Should the Customer choose to downgrade his Service and require a change in Equipment a Change of Equipment Charge may be applicable.
6.5 Customer who chooses to upgrade the Service and/or subscribe to a Premium channel shall be subscribed for a minimum period of one month. Any objection to a telephone order must be made in writing within seven (7) days from receipt of invoice.
6.6 Any and all monthly Service fees shall be invoiced to the Customer via electronic invoicing together with any other charges incurred whilst making use of such Service/s, including amounts due for usage of our fixed and/or mobile telephony service, and other non-recurring charges such as hardware rental charges, connection and/or relocation fees, and one-time fees. Such Service fees and charges commence on the date when the Service/s is/are installed and payments shall become due upon the due date stipulated on the invoice. All Service fees and charges are indicated inclusive of VAT but exclude Excise Tax Recharge and any other taxes which may be imposed, unless otherwise specified in the specific terms and conditions or offers.
6.7 Payments are to be made via Direct Debit Mandate and/or Pre-Authorised Credit Card (PACC). Should the Customer decide to pay using alternative methods, which include payments through My Melita, by Internet Banking, via bank transfers, standing orders, by cheque, card and/or over the counter, Melita reserves the right to charge a Monthly Payment Charge as per Schedule of Charges. Any payment that is not cleared by your bank shall be subject to a Payment and/or Administrative Reversal Charge as applicable, as stipulated in the Schedule of Charges.
6.8 Notification of your electronic invoice shall be sent by e-mail to the e-mail address as notified by you. When the email has been sent we shall assume that you are in receipt of your invoice. It is the Customer’s responsibility to ensure that the email account provided to Melita is an active account.
6.9 Should you request to receive a paper bill, you will be charged a Monthly Paper Bill Charge as per Schedule of Charges. If you receive your invoice by post this will be sent to your last known physical address and we assume that you received the invoice sent to you by the following working day. Provided that Customers who do not have any internet or mobile internet connection may visit any of Melita’s Retail Outlets, sign a declaration to that effect and receive their paper bill free of charge.
6.10 You are liable to pay all amounts listed on the invoice notwithstanding who made use of the Service/s. Any amount that is not settled by the due date as indicated on the invoice shall be subject to: (i) interest at the then maximum rate allowed by law, until the date that they are paid by you; (ii) a Late Payment Charge as stipulated in the Schedule of Charges.
6.11 We reserve the right to invoice you retrospectively for any Services provided, including after termination of Service. You are responsible for paying any fees or charges for Services, even if they were erroneously omitted from your prior invoices. Failure to receive invoices does not relieve you of the responsibility to pay any amount due on your Account, and in such an eventuality you should check with one of our authorized agents or call Melita’s customer care or call at any of our retail outlets.
6.12 Fees and charges for use of the Service/s shall be legally due and collectable up to the date of disconnection/termination. If we disconnect your Service/s because you failed to pay the fees and charges you are liable to pay on your Account, we will be entitled to recover from you the Early Termination Fee as described in clause 10.4, all costs of collection, interest not exceeding the maximum allowed by law, legal fees and any Late Payment Charges and any Disconnection Charges, applicable at the time as per Schedule of Charges. We will also be entitled to charge you for any use and usage of our Services made by you without our permission. Any breach of this Agreement committed through fraud or illegal activity, will be reported to the police, who may take legal action against you. In case of any default by the Customer in the fulfilment of any payment obligation with Melita, Melita reserves the right to pass on any information or references contained herein to the relevant credit reference agency including Creditinfo Malta Ltd and MACM, to any debt collecting agency as well as to any third party legally entitled to receive such information.
6.13 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, ask for a deposit, 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.
7.1 We shall at all times remain the owner of the Equipment notwithstanding you having paid a deposit in respect of some of the Equipment whether fixed at your Installation Premises or not, furthermore we may add or substitute Equipment at our sole discretion. Any Equipment provided by Melita may be used to enhance Melita’s Service and/or Network.
7.2 Where the Equipment has been leased to you, you shall ensure that: (i) our Equipment is safe and properly used at all times; (ii) you follow our instructions related to the use of the Equipment, in case of damage, other than through fair wear and tear, you shall be liable to pay a charge as per the Schedule of Charges; (iii) you do not tamper with, disassemble, misuse, neglect or damage our Equipment; (iv) it is not lost or stolen, in case of such an event you shall be held responsible.
7.3 Destruction, theft, tampering, or abuse of Equipment will result in forfeiture of any deposit paid on installation for the Equipment. In addition, you shall be solely responsible for the repair or replacement of Equipment which is lost, tampered, stolen or damaged under your control. In addition, you agree to also indemnify Melita in respect of any other damages Melita may suffer.
7.4 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)
7.5 You agree to comply with all of Melita’s and/or manufacturer’s instructions in relation to the use of the Equipment. Any improper use might lead to the termination of your Service.
7.6 You agree to entrust the repairs and maintenance of the Equipment exclusively to Melita. You agree not to pledge or dispose of the Equipment in any way whatsoever.
7.7 Any Customer Equipment which you connect to the Network must meet all relevant laws and regulations. You may use Customer Equipment together with our Equipment, however, Melita shall not be held liable if the Customer Equipment used is not as recommended by Melita.
Upon receipt of Customer Equipment and/or Equipment from Melita (where applicable), all risk and responsibility in relation to such Customer Equipment and/or Equipment shall pass onto the Customer, provided that Melita shall provide the Customer with a warranty in terms of the applicable law.
8.1 You hereby irrevocably give permission and grant safe access to Melita and any of its employees or third party contractors to enter and execute any necessary works related to the connection/disconnection and general upkeep of the Equipment situated on or at your Installation Premises, during reasonable hours and upon presentation of a personal identity card. Provided that, failure to give such access without justification, may be deemed as a breach of Agreement which may then lead to disconnection.
8.2 You hereby irrevocably give permission to Melita to keep the Equipment installed on, under or over the Installation Premises. You may not transfer or move any Equipment from the position or place in which we have installed it at the Installation Premises without prior notification to us. Failure to so advise us may be deemed as breach of this Agreement.
9.1 A Customer subscribing to any of Melita’s Services (excluding Melita’s mobile telephony/mobile data service) is entitled, within fourteen (14) days from the date of this Agreement, to cancel this Agreement without incurring any additional charges and without giving any reason, by giving a written Notice of Cancellation, expressing your intention to cancel the Agreement.
9.2 A Notice of Cancellation will be properly given if the Customer:
It is advisable to keep a copy of your Notice of Cancellation and when posting to send via registered mail.
9.3 If cancelled in accordance with this clause 9, then the Agreement shall be deemed as terminated and the relative clauses of this Agreement shall apply. Fees and charges for Services and use of Service/s shall be legally due and collectible up to the date of cancellation. Installation charges are not refundable.
9.4 A Customer subscribing to a mobile telephony/mobile data service who is in receipt of a handset/device, acknowledges and agrees that in case of cancellation of Service you renounce to your right to cancel the sale of the handset/device in case of use.
9.5 The provisions of this Clause 9 are without prejudice to the provisions of the, the Consumer Affairs Act ( Cap 378 Laws of Malta) and the Consumer Rights Regulations( SL 378.17).
10 TERM and TERMINATION
10.1 If not cancelled in accordance with clause 9 above, this Agreement shall be valid from the date of the first billing cycle on a month-on-month basis until it is terminated by you in accordance with the process laid out in 10.2 or by us for any of the reasons specified in this Agreement.
10.2 Customers who choose a month-on-month Agreement and who wish to terminate the Agreement must give us a 30 day signed written notice together with a copy of their Identity Card. Termination shall be effective at the end of the notice period. You shall be liable to pay Melita all outstanding amounts on your Account. In those cases where we become aware of any outstanding charges after the date of termination you shall be liable to pay all invoices which will be issued after date of termination. In the case of the mobile telephony Service, the Customer shall also be liable to pay any and all charges indicated in the tariff-specific terms and conditions, which in case of a subsidised handset/device, includes the retail cost of the handset/device.
10.3 Customers subscribed to the Service/s for a period of twenty-four (24) months (“24 Month Term”) who do not terminate the Agreement prior to or upon expiry of the 24 Month Term, shall remain on the subscribed Service/s on a month-on-month basis, and shall from the lapse of their 24 Month Term be charged the Month-On-Month Charge over and above their Tariff.
10.4 Customers who subscribe to the Service/s for a 24 Month Term and who wish to terminate prior to or at the end of the 24 Month Term shall give us a 30 day signed written notice together with a copy of the Identity Card. Termination shall be effective at the end of the notice period. Customers who terminate the 24 Month Term prior to the end of the 24 Month Term shall pay an Early Termination Fee as stipulated in the Schedule of Charges or their remaining Tariff, whichever is the lowest. Other consequences of termination enlisted in Clause 10.2 shall be applicable.
10.5 At the end of the thirty (30) day notice period your Services will be disconnected, following which you have a further thirty (30) days within which you must return any and all of the Equipment provided, at Melita Limited, Mrieħel By-Pass, Mrieħel or at any other address as may be indicated by Melita . If the Equipment is not returned or is damaged, then Melita shall be entitled to charge the relevant charges as stipulated in the Schedule of Charges. Should you request that the Equipment be collected this shall be subject to a Collection of Equipment Charge as per Schedule of Charges. You are liable to pay all charges listed on your Account, up to date of termination or disconnection of service.
10.6 Without prejudice to this Clause 10 and to other clauses in this Agreement, this Agreement may be terminated promptly and without notice by Melita, if: (a) you become insolvent, bankrupt, or enter into any arrangement with your creditors or if any legal action is taken or threatened against your property; (b) you or another person at your Installation Premises have committed, or may be committing, any fraud against us or against any other person or organisation by using the Services or Equipment; (c) you have breached this Agreement and have not remedied the breach within 7 days of our notification of the breach; (d) 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; (e) the provision of the Service to the Customer could give rise to or cause disruption to the Services offered by Melita to its other subscribers; (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.
10.7 Any Customer who has had his Agreement terminated or disconnected and who wishes to restore his Services has to pay any outstanding amounts in his name as well as a Reconnection Charge as stipulated in the Schedule of Charges.
10.8 Termination of your Agreement with us shall not reduce our rights or remedies for recovery of outstanding debts or damages from you and shall not affect any rights personal to you that arose prior to termination. Any terms under this Agreement which are intended to apply after termination will continue to apply.
10.9 Any breach of this Agreement by us entitles you to terminate the Agreement without incurring additional charges. Provided however, that we are given a cure period of not less than 15 days within which to rectify our position, which 15 days shall start running from the date you send us a signed notice in writing, specifying the nature of the breach.
11.1 Except as set out in this Agreement but without prejudice to the generality of the foregoing, you shall hold Melita, its employees, agents or contractors, harmless from and indemnify Melita for: (a) any loss, liability and/or any direct physical damage done to your property unless caused by our negligence or the negligence of our employees, agents or contractors while acting in the course of their employment that is brought to Melita’s notice within seven (7) days of its occurrence; (b) direct/indirect or consequential damages; (c) loss of profits, business or revenue; (d) access delays or interruptions; (e) loss or liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Services; (f) any error or omission of the Customer; (g) any loss of Service and/or damage caused to our Equipment or Customer Equipment arising from power outages.
11.2 Without prejudice to the foregoing, the total liability of Melita (if any) arising out of this Agreement, in any one year, shall not in any circumstances exceed the total sum of charges paid by you for the Service/s in that year.
12.1 We may transfer our rights and obligations under this Agreement upon giving notice. 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.
12.4 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.
12.5 Without prejudice to any other provision contained in this Agreement 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 to us at Mrieħel By-Pass, Mrieħel BKR 3000 Malta. Any written notice sent to you by us is deemed to have been received by you by the following working day.
12.6 Melita cannot accept responsibility for offers related to the provision of the Service made elsewhere than in its own website, advertisements or publications or for any promises, representations, waivers, indulgences or other purported variations of these Terms unless confirmed in writing by an authorised representative of Melita.
12.7 This Agreement shall be governed, construed and interpreted in accordance with the Laws of the Republic of Malta. The parties submit to the jurisdiction of the Courts of Malta.
13 ACCESS TO EMERGENCY SERVICES
13.1 Customers wishing to call the Emergency Services can call the short code number as may be applicable from time to time. Currently the number is 112. Melita declares and the Customer acknowledges that the Equipment is dependent on electricity for performance. Accordingly, in the event of power outages your Service (including access to emergency services) will cease to function.
14 SCHEDULE OF CHARGES AND TARIFF
14.1 The following is the Schedule of Charges and Tariff, including where applicable, specific tariff terms and conditions:
SCHEDULE OF CHARGES
|Television Installation Charge||€45||Service Transfer Charge||€60|
|Internet Installation Charge||€45||Fixed Telephony Installation Charge||€45|
|Collection Of Equipment Charge||€45||Lost, Stolen Or Damaged STB/CAM Charge||€50|
|Disconnection Charge||€45||Installation/Removal Of Additional Television Outlet Charge||€45|
|Reconnection Charge||€45||Lost, Stolen Or Damaged Internet Modem Charge||€50|
|Late Payment Charge||€4||Lost, Stolen Or Damaged Remote Charge||€10|
|Monthly Payment Charge (Non Direct Debit Mandate)||€3||Lost, Stolen Or Damaged Smart Card Charge||€10|
|Payment and/or Administrative Reversal Charge||€12||
|Monthly Charge For Email Forwarding Service Beyond 12 Months||€7||PC Setup Charge||€45|
|Monthly Paper Bill Charge||€2||Relocation of Outlet Charge||€45|
|Home Visit Charge||€45||Month-On-Month Charge||€10|
|1st Am – Last Pm Appointment Charge||€15||Monthly WiFi Modem Charge||€2|
|Change of Equipment Charge||€15||Early Termination Fee||€150|
|Lost, Stolen or Damaged DOCSIS 3.1||€100||Lost, Stolen or Damaged Wi-Fi Extender||€50|
TV CONDITIONS OF SERVICE
A.1 The following are the TV Conditions of Service (“the Terms”) applicable in respect of the Television service provided to you (“the Customer”) by Melita Limited (“Melita”). In the case of Video On Demand (“VOD”) or TV delivered over IP these Terms need to be read in conjunction with the Internet Conditions of Service.
B.1 The Customer acknowledges that the Service provided by Melita is variable. Many of the channels that form part of Melita’s television Service are supplied by and under the control of third parties. As a result and due to:
i) matters outside of Melita’s control (Such as, decisions by programme providers, technical difficulties and any unforeseeable circumstances); ii) the termination of any particular agreement that Melita may have with any particular channel or programme/content provider and/or; iii) the ongoing improvement of the Services provided, Melita may change, withdraw or interrupt all or any programming, programming services, channel line-up and channels that form part of the Service. Provided that information related to the transmission of European football events if any, is available at http://www.melita.com/european-football-events/.
B.2 If within any rolling twelve (12) month period during the 24 Month Term of the Agreement there is a change in the channel line-up that effects more than fifteen per cent (15%) of the channel line-up or a minimum of five (5) channels, whichever is the
greater, of the relevant tier the Customer is on, Melita shall give the Customer thirty (30) days notice of the change/s by e-mail or post at the last address provided by the Customer and the Customer has the right to terminate the TV Service during the said notice period without incurring additional charges.
B.3 Parental control is available for those subscribing to a service requiring a set-top box. The Electronic Programming Guide (the `EPG’) provided by Melita is outside of Melita’s control as it is sourced by third parties. Therefore programmes are subject to change without prior notice at the Channel’s own discretion.
C.1 Use of Melita’s television service, EPG, the signal and Equipment/CPE is solely for the Customer’s private and non-commercial use. You shall not make any other or additional use thereof without the specific consent of Melita. Unauthorised use shall be subject to charges to the Customer to repair, replace or restore the Equipment/CPE to its original use.
C.2 Unless authorised by Melita the Customer acknowledges and agrees that he/she does not have the right to record all or any part of the programming or programme services or permit any other person to do so for any purpose whatsoever.
D.1 We shall only be responsible for the proper operation of our Equipment. You agree to provide, be responsible for and maintain your own television set, VCR, DVD, tablet, monitor or other Customer Equipment through which the Service may be viewed and Melita shall not be responsible in any way for any loss or damage caused to your television set or other Customer Equipment, as a result of its use with our Equipment.
D.2 Melita reserves the right to regulate the number of television sets connected to any outlet/set-top box installed by Melita.
INTERNET CONDITIONS OF SERVICE
A.1 The following are the Internet Conditions of Service (“the Terms”) applicable in respect of the Internet service provided to you (“the Customer”) by Melita Limited(“Melita”).
B. YOUR RESPONSIBILITIES
B.1 Notwithstanding Melita’s right to reduce, suspend or terminate the Services, and/or restrict certain types of traffic in accordance with its Traffic Management Policy, if the Customer abuses the Service or breaches his/her Agreement, we may send him/her a formal warning specifying the unacceptable conduct and a notification by Melita that repeated breaches may result in temporary or permanent disconnection. If Melita applies a temporary suspension or restriction on the Customer, Melita may lift this at our discretion, upon receipt of a formal written undertaking from the Customer not to commit any future relevant abuse. All cases will be considered individually on their merits.
B.2 If the Customer damages any system or network he/she may be prosecuted. Melita will co-operate fully in efforts to trace such violations and will disclose user data and log files to the relevant authorities if requested. The Customer is responsible for the use of the Services by any person who accesses the Services through his/her computer, under the Customer’s screen name or password.
B.3 Use of the Services may allow the Customer to access certain information, products and services from persons other than Melita, for which there is a charge, including certain on-line services. You are solely responsible for the payment of all such fees or charges for on-line services, products or information.
B.4 The Customer agrees to indemnify Melita against any claim of third parties with respect to the use of any such services, products or information. Melita does not endorse or warrant any third party products, services or content that are distributed or advertised over or are accessible via the Services.
C. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
C.1 Due to factors beyond our control and also due to congestion and/or local and global network issues, telecommunications networks internet access speeds may vary from time to time. Due to the nature of the internet, including third party influences beyond Melita’s control, Melita delivers internet service on a best effort basis. If an internet subscriber is not reaching the download and upload speed they are subscribed to when connected to an internet modem via a wired connection after carrying out a speed test as directed by us, kindly contact us so we can send a technician. If following our technician’s visit, the consumer continues to experience recurring speed issues as evidenced by speed tests, and this issue is not resolved within three weeks from the first formal registered complaint, then the consumer shall be entitled to terminate the agreement, without penalties.
C.2 Melita strongly recommends that in view of the ‘always-on’ nature of the Service you make use of additional security products such as personal firewalls and Anti-Virus software.
C.3 We reserve the right to check the suitability of your Customer Equipment before agreeing to provide you with the Services. Melita uses standardised Equipment from reputable sources, but we do not guarantee that the installation of Equipment on your computer will not disrupt its normal operations or that it will not cause the loss of data or the loss or damage of software or hardware. We exclude all liability in this regard. We are not responsible if you are not able to use the Services because Customer Equipment does not work properly or is not compatible with the Network or Equipment.
C.4 Melita reserves the right to monitor and control bi-directional data volume and/or bi-directional types of traffic transmitted via your Service and in the event your use of Service risks being of detriment to other customers, puts our system at risk, is not in keeping with and/or does not comply with your Agreement, we reserve the right to reduce, suspend or terminate your Service or restrict certain types of traffic on your Service. During any time of reduction, suspension or restriction you will remain liable for the payment of your monthly Service charge. Melita further reserves the right to: (i) prioritise certain types of traffic in busy times and/or busy areas to ensure an optimised service; (ii) slow down certain traffic types that are not time-critical at busy times or busy places; (iii) support the delivery of premium services.
D.1 Where Services have been terminated, any email and web space, data, all email addresses and any other features provided as part of the Services will be deleted and we will be unable to retrieve this data. We will not be able to re-assign the same email address to you at a later date if you decide to re-activate the Service unless specifically agreed to previously which may be subject to an additional charge.
Without prejudice to clause D.1 Customer subscribed to the Internet service may, in those cases where a mailbox was provided by Melita, upon requesting termination in terms of Clause 10.2 of the Agreement request the forwarding of emails received to a new email address, which will include an automated reply informing senders of forwarding service and new email address. This shall be free of charge for a maximum of twelve (12) months after which Melita retains the right to continue such service at an extra charge as per Schedule of Charges unless otherwise advised by the Customer. It shall be the responsibility of the Customer to request email forwarding service when notice of termination of the Agreement is given.
E. INTELLECTUAL PROPERTY
E.1 Any content sent via the Services may be protected by copyright, trademark or other intellectual property rights. Customers accept and agree that their content may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on wired and wireless networks and the internet and Melita shall not be responsible or liable for such acts. You agree not to manipulate, distort, adapt or modify any other content without the prior consent of the holder of the rights of such content.
FIXED TELEPHONY CONDITIONS OF SERVICE
A.1 The following are the Fixed Telephony Conditions of Service (“the Terms”) applicable in respect of the Telephony service provided to you (“the Customer”) by Melita Limited (“Melita”).
B. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
B.1 If the number of calls or charges for calls made by you has increased to such an extent that it appears, in our reasonable opinion, that the Service/s are not being used in a manner consistent with your previous use, we reserve the right to suspend the Service/s, ask you to make a payment of a deposit as security for your charges; and/or prevent you from making international calls and/or premium rated calls. We will make reasonable efforts to contact you before we proceed with any of the above, but we are not liable if we do not.
C. YOUR RIGHTS AND RESPONSIBILITIES
C.1 You are solely responsible for any communication and/or content, in whatever form, originating from the use of the Service and you agree to immediately notify Melita of any unauthorised or illegal use of the Service of which you become aware.
C.2 You shall not have any proprietary rights whatsoever in any phone number allocated to you by Melita from time to time. Melita reserves the right at any time to alter or replace a phone number allocated to you or any other name, code or number whatsoever associated with the Service.
D. ITEMISED BILLING
D.1 Itemised billing is only available for Melita’s post-paid service and for invoices issued in the past 6 months. This shall be granted free of charge upon request by the Customer.
E. PRE-PAID SERVICES
E.1 In the case of pre-paid services you may undertake calls only by crediting your account through one of the payment mechanisms made available. You may choose to credit your account via a prepaid calling card, in which case you are to be held solely responsible in case such card is lost or stolen from you. The pre-paid calling card expires after the time stipulated on the card itself, calculated from the date of the first use thereof, elapses. If the time limit expires, any credit in the pre-paid calling card will be forfeited, unless topped up with the value of another pre-paid calling card, in which case the time limit of the new pre-paid calling card will apply. For the avoidance of doubt, the phrase ‘first use’ shall mean the first time the specified ‘PIN’ found on the back of the pre-paid calling card is keyed in the telephone equipment. If credit in the pre-paid card is consumed before the time limit, the Customer will only be able to receive calls and will only be able to make calls to the emergency number (112). For the avoidance of doubt if the customer does not have a credit balance on his account, no melita-to-melita calls can be undertaken.
E.2 In the case of pre-paid services your Agreement shall commence on the day the application for Services is accepted by Melita and shall continue until it is terminated by either party giving the other 7 days prior written notice or if the total sum on your pre-paid account does not exceed €50 per annum or any other amount that may be determined by Melita from time to time, calculated from the date on which the pre-paid Service is activated. In the event that a Customer does not reach the minimum threshold, we will switch his pre-paid Service to a post-paid Service. In such occurrence, the Customer will lose any outstanding credit in his account.
F.1 Persons wishing to port to the Melita Network from another network will be subject to Melita’s porting requirements. Melita may vary the porting requirements from time to time. If a deferred porting date has been requested, the Service shall not commence until the selected porting date.
F.2 Customers wishing to port from the Melita Network must contact the operator to which they wish to port and will be responsible for complying with the porting requirements of that operator. Porting will be treated as a termination of the Agreement. You are advised that requests to port from the Melita Network may be declined by Melita in the event that your Account is in arrears or your details do not match those on our systems or for any other reason which is listed by the Malta Communications Authority.
MOBILE CONDITIONS OF SERVICE
A.1 The following are the Mobile Conditions of Service (“the Terms”) applicable in respect of the post-paid mobile telephony services being provided to you (“the Customer”) by Melita Limited (“Melita”).
B. OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
B.1 The Agreement entered into by you only covers the provision of the mobile telephony service by us to you. It does not cover any handsets or other devices you may have received with your SIM card or as part of a package, either directly from us or through a third party retailer. For the purpose of these Terms SIM card shall mean the Subscriber Identity Module card which contains the Melita phone number and Customer information, which enables you (together with a handset or other equipment) to access our Services.
B.2 Melita reserves the right not to entertain migration requests from the Customer from one tariff plan to another. In such cases where it adheres to such a request, the Customer shall have to terminate this Agreement and enter into a new agreement.
C.1 The Services will be available to you provided you are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services.
C.2.Mobile data download and upload speeds depend upon a number of factors, which include but are not limited to device characteristics, location, network availability and coverage levels, number of users in any given location, file characteristics and applications in use. Performance may be impacted by transmission limitations, any interference by third party equipment, terrain, in-building/in-vehicle use and capacity constraints. Currently our mobile data service is able to support up to 42 Mbps download speed and up to 1.4Mbps upload speed. This however is purely a theoretical estimate, and in most cases you will not reach these speeds while using your mobile data service due to the factors listed in this paragraph. If you are experiencing continuous issues with your mobile data service, for reasons which are not resulting from any of the factors outlined in this paragraph, not resulting from force majeure, or from any other factor which is outside Melita’s control, Melita may either terminate your service without penalty or provide partial refund on your bill in the form of credit on account for the duration of the problem. The remedy provided for, shall be at Melita’s discretion, and may not be contested or challenged.
C.3 The Network and the Services may be upgraded, modified, changed and maintained from time to time. Melita will exercise its best endeavours to keep all such periods of interruption to a minimum. You acknowledge and accept Melita’s obligation to carry out works from time to time in the interest of all Customers.
C.4 Standard phone-to-phone SMS (Short Message Service) Text Messages are limited to 160 characters per message. Premium text are charged at their stated rates. Different rates per message charges apply to international messages sent from the Territory.
All types of messages are charged when sent whether read or unread by the recipient. We do not guarantee delivery of messages. All types of messages, including downloaded content, not delivered after a period of time will be deleted. We reserve the right to change this delivery period without notification. You are charged for each part of the messages that is sent by you in multiple parts. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient.
C.5 Through your Device you can access value-added services, which include inter alia video calling and data access. Activation may require the enabling of certain settings and provisioning on your account or on your mobile phone or device.
C.6 Service over GPRS is charged on the basis of the volume of data sent and/or received by your device over the Network. Melita’s determination of the volume of data/pages shall be conclusive. For reasons beyond Melita’s control, volumes may vary depending on the type of device used by you. Volume indications given on handset screens may not be accurate.
D.1 You may use the Service whilst located outside the Territory; however access to foreign networks shall depend upon the arrangements between foreign operators and Melita. Roaming charges for the Service will be charged when outside our network. The display on your device will not necessarily indicate whether you will incur roaming charges. Services originated or received while outside the Territory are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier’s support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for international roaming usage may be delayed due to reporting delays between carriers. See www.melita.com or dial +356 77100100 for more information and for a list of currently available countries and carriers. Compatible international-capable handsets are required for some markets. Availability, quality of coverage and Services while roaming are not guaranteed. Certain tenure, billing and credit restrictions and additional charges may apply. Conditions may change frequently due to new/amended agreements with other operators. You are advised to visit our website www.melita.com for updated information.
D.2 When using our Service in the EU, Melita shall offer regulated retail roaming services at the domestic retail price to its Customers (“Roam Like at Home”) that are: (i) normally residing in Malta or (ii) who have stable links with Malta, and are subscribed to Mobile Telephony Tariffs that enable roaming in line with the EU law. This means that eligible Customers can use their mobile Tariff at no extra cost unless subscribed to a domestic only tariff. With Roam Like at Home: calls, SMSs made or sent to Maltese and EU numbers and data usage are treated as domestic usage and will come out from your monthly call/ SMS/data allowances if you have one. However, calls/SMS to Melita numbers (on-Net) shall be treated like calls to other domestic networks (Off-Net) whilst roaming. Anything above your allowances is charged at standard domestic rates. Provided however for certain Tariffs, a Fair Use Policy may apply and such would be included in the Tariff specific terms and conditions.
D.3 Use of Roam Like at Home services within the EU are only provided for periodic travel and the Roam Like at Home benefits are not intended for permanent roaming.
D.4 Melita reserves the right to request from its Customers proof of residence in Malta or for documentary evidence for any stable links to determine frequent and substantial presence in Malta. Documentary evidence that may be requested before or after the conclusion of this Agreement includes but is not limited to: the official Residence Permit and utility bills for services provided at the Customer’s address. If you cannot provide the requested proof of stable links or permanent residence documentation Melita is not obliged to offer Roam Like at Home and may apply a surcharge to any EU roaming activity.
D.5 Melita may implement fair, reasonable and proportionate control mechanisms based on the objective indicators of your usage, consumption and presence over an observation period of four (4) months to prevent abusive or anomalous usage of Roam Like at Home services at the domestic retail price, beyond periodic travel. Other objective indicators may include long inactivity of a SIM card if not exclusively for roaming and multiple subscriptions by the same Customer for roaming.
D.6 Prevailing roaming consumption and prevailing roaming presence during the observation period shall be considered as proof of abusive and anomalous usage of Roam Like at Home services. Melita shall alert the Customer about his usage pattern and of the possibility of incurring a surcharge in the absence of a change in his usage pattern during the following two-week period. If at the end of this two-week period the Customer does not demonstrate actual domestic consumption or presence, Melita reserves the right to apply a surcharge for usage made by the Customer after the date of such alert. The maximum surcharge inclusive of VAT is: €0.0378/min for calls; €0.0118 per SMS; €0.0091 /MB from 15th June 2017; €0.0071/MB from 1st January 2018; €0.0053/MB as from 1st January 2019; €0.0041/MB from 1st January 2020; €0.0035/MB from 1st January 2021; €0.0030/MB from 1st January 2022, and shall be charged where applicable and in accordance with EU law. The surcharges shall vary periodically in accordance with EU law. Melita shall cease to apply the surcharge as soon as the customer’s usage no longer indicates a risk of abusive or anomalous usage of Roam Like at Home services based on the aforementioned objective indicators.
D.7 Melita depends on its roaming partners for updated roaming information. There may be some delays in receiving information related to your usage made whilst roaming. This means that the consumption notifications which are sent to Customers may vary due to delays in receiving information from our roaming partners. Billing for roaming usage may be delayed due to reporting delays between carriers.
D.8 All International usage, Maritime and Inflight Roaming and Roaming outside the EU, are not included as Roam Like at Home services and are charged at the international rates and roaming rates found on our website.
D.9 Upon reaching €40 of roaming data usage over and above the data included in your Tariff, you will be notified by SMS that your mobile data will be stopped upon reaching €50. You will receive a notification when you reach €50. The Customer can disable this capping by sending an SMS to 16868. This will set all future data roaming usage without capping and you will be solely responsible for any charges incurred.
D.10 Melita may implement measures to implement Fair Use Policies for data roaming services within the EU in line with EU law. Any such measures will be included Tariff specific terms and conditions.
D.11 Melita will endeavour to resolve any complaints as outline in article 4.2.
E.1 Any SIM we provide to you, against payment or otherwise, remains our property and must be returned to us if we ask for it back. You must keep your SIM safe and can only use it to access our Services. SIM cards are easily damaged and should be handled with care. If your SIM is lost, stolen or damaged call us immediately. If your SIM is lost or stolen you will be liable for all charges relating to use of the SIM (including call charges and data usage) up to the time that you notify us that your SIM is lost or stolen, regardless of whether the Charges have been incurred by you or someone else. If you lose the SIM you might be liable to pay a reasonable replacement charge. You may request a replacement SIM and we may provide it as soon as reasonably practicable, but we reserve the right to charge you for this SIM. Melita reserves the right to recall any SIM from the Customer at any time to enhance or maintain the quality of the Network.
F.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 non-proprietary 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.
G.1 Upon termination of your Agreement, Melita shall disconnect your device from the Network. The number allocated to you shall no longer be available upon disconnection from the Network.
H. CUSTOMER INFORMATION
H.1 Melita may in certain limited circumstances disclose certain information regarding the Account of a Customer who are under the age of 18 years to the parents or guardians of such Customer who has registered with Melita for this purpose and who comply with the verification procedures specified by Melita. However, Melita may at its absolute discretion refuse to disclose any such information to any person in the event that Melita is not satisfied that the person requesting the information is the person who has registered with Melita for this purpose.
I.1 Clause C.1, C.4 and E.1 of the Internet Conditions of Service and Clause C.1, C.2, D.1, F.1 and F.2 of the Fixed Telephony Conditions of Service are also applicable to these Terms.
Customer upon ticking ‘YES’ is consenting to his personal data forming part of a directory and being shared with other service providers, including anywhere in the EU, in any available format. Should the Customer wish to be ex-directory and therefore not divulge his personal data he may do so by ticking ‘NO’.
Reverse Search (Melita does not provide this functionality at time of signature)
Customer shall upon ticking ‘YES’ make his data available locally and in the EU, allowing a search for his details by entering data into a specific field other than the subscriber’s name contained in the directory entry. For example, a reverse search may be carried out be entering a telephone number. The name of the person who the number is attributed to would then be given by the directory enquiry service.
Customers may at any point in time amend/withdraw/give their consent to their personal data forming part of the directory by visiting a retail outlet. If consent is being retracted any published data cannot be retrieved.