The following are the Terms and Conditions applicable in respect of the Melita Unlimited Post-Paid Tariff 24 months (“the Tariff”) being provided to a post-paid customer (“the Customer”) by Melita Mobile Ltd. (“Melita”). Access to and use of this Tariff is subject to the following Terms. For more information, please contact Customer Care on 100 (call is free) from your Melita Mobile number, or +356 77100100 from any other network.
1. This Tariff will start from the 21st January 2010 and will continue thereafter unless and until it is terminated by Melita.
2. This Post-Paid Tariff is available to all Customers entering into a 24 month agreement with Melita (hereinafter referred to as the ‘Agreement’).
4. All charges deriving from this Tariff include VAT and Excise Tax, unless otherwise explicitly stated.
5. Customers subscribing to this Tariff shall benefit from the following, subject to the level of access fee chosen:
|Monthly Access Fee||€12||€15||€25|
|Voice Calls to Melita Mobile*||Unlimited||Unlimited||Unlimited|
|Voice Calls to Melita Fixed*||Unlimited||Unlimited||Unlimited|
|Voice Calls to Off-Net Numbers*||Unlimited to any 2** numbers on any networks||Unlimited to any 3** numbers on any network||Unlimited to any 5** numbers on any network|
|Voice Calls Included||30 min to other networks||60 min to other networks||120 min to other networks|
|SMS||30 to all networks||60 to all networks||120 to all networks|
*Excluding calls to premium rated numbers and calls made whilst roaming.
**A Customer is entitled to allocate 2, 3 or 5 off-net numbers (depending on the access fee level) on any network (both fixed and mobile), towards which he shall benefit from unlimited voice calls. In order to allocate these numbers dial 16860 from your Melita Mobile number and follow the instructions. The first 2, 3 or 5 allocations (depending on the access fee level) are free, as long as all the allocations are utilised. Any further changes shall be charged at €3 per change. The €3 charge shall also be applicable if a Customer having allocated only one off-net number, changes this number leaving the other place unallocated.
Usage over the above shall be charged according to the Tariff rates as published on Melita’s website 220.127.116.11/melita.com/.
6. A Customer subscribing to this Tariff can also benefit from a free or subsidized 3G handset, subject to a minimum monthly spend (“the Spend”) for the duration of the Agreement. The Spend shall be the minimum monthly spend committed by the Customer during the Agreement, which spend shall include the monthly access fee chosen by the Customer. The Customer shall have three Spend options, which can be combined with a selection of the above monthly access fees. The difference between the Spend and the monthly access fee shall be billed irrespective whether monthly usage is generated. If the monthly usage generated is below the difference, the full Spend shall be billed irrespectively. If usage has been generated over and above the Spend, the Customer shall be billed the excess. By way of example: A Customer is on a €30 monthly Spend, on the €12 access fee. This Customer is therefore committed to pay the monthly access fee (€12) + the difference (€18) for the duration of the Agreement. Should the Customer generate usage of €15, the Customer shall still be required to pay the full Spend of €30. A Customer on the same Spend plan, who generates a monthly usage of €20, shall be billed the Spend (€30) + €2.
7. A Customer subscribed to this Tariff is entitled to purchase an unlimited bolt-on SMS package at the standard monthly charge of €5. The monthly charge shall be billed over and above the monthly access fee. The bolt-on SMS package shall include unlimited SMS to all local mobile numbers whilst in Malta (excluding premium rated numbers).
8. Customer on this Tariff cannot avail from the €0.10c On-Net Offer.
9. If the Customer terminates the Agreement, disconnects, downgrades or migrates onto a different tariff plan before the lapse of the Initial Term of 24 months, the Customer shall be liable to pay Melita the penalties stipulated in the Agreement and a one-time lump sum representing the retail value of the free handset or the handset subsidy given, whichever applies.
10. If a Customer wishes to change/upgrade his handset within this tariff plan, he will be required to enter into a new agreement of twenty-four  months.
11. Migration requests to any other tariff plan are subject to the terms and conditions of the respective tariff. Melita reserves the right to not to entertain migration requests by Customers from this Tariff onto another tariff plan.
12. Customers subscribing to this Tariff may opt in to the following service:
(i) To check current usage balance by sending an SMS to Melita.
The Customer acknowledges and accepts that the balance indicated in the SMS sent by Melita in respect of the services provided in terms of this clause might not be accurate since it may not include all charges and discounts applicable.
13. This Tariff is subject to a Fair Usage Policy as follows: If, in the reasonable opinion of Melita, the Customer’s use of the Tariff is excessive, Melita may ask the Customer to moderate his/her usage. If after Melita has informed the Customer to moderate his/her usage, the Customer fails to do so, Melita reserves the right to charge the Customer for the excessive element of his/her usage, suspend or terminate the Customer’s service or migrate him to another tariff plan. Furthermore, Melita reserves its right to suspend or terminate the Customer’s service if he/she abuses of the service and/or uses it in a way for which it is not intended. Fair usage policy clarification
14. Melita’s Standard Terms and Conditions, the post-paid Terms and Conditions of Service and any other relevant terms and conditions shall apply, provided that in case of conflict between these Terms and Conditions and the post-paid Standard Terms and Conditions, then these Terms and Conditions shall apply.
15. Melita reserves the right to stop, suspend, amend or otherwise alter this tariff and these terms and conditions subject to applicable law. If Melita decides to terminate this Tariff, all Customers on this tariff shall be automatically shifted onto another Tariff plan.