|1. This Bundle Service Agreement (hereinafter referred to as “The Agreement”) is being entered into by GO p.l.c, (C22334), being the operator of the brand ‘GO’, duly authorized to act in representation of its subsidiary and affiliate companies members of the GO Group (hereinafter referred to as “We” / “Us”/ “Our”). The Bundle (as specified in clause 2 below) is subject to the following terms and conditions (“The Bundle Service Terms and Conditions”), The Agreement entered into between Us and the Registered Residential Subscriber (hereinafter referred to as “You” / “Yourself” / “Your”) indicated therein for the provision of The Bundle, as well as the standard terms and conditions of each individual service making up The Bundle. In the event of any difference or conflict between The Bundle Service Terms and Conditions and the standard terms and conditions of each individual service making up The Bundle, The Bundle Service Terms and Conditions shall prevail.
2. The Bundle entitles You to all of the following services at the rate of forty-nine Euro and ninety -five cents (€49.95) excluding taxes, per month (hereinafter referred to as ‘The Bundle Fee’)
3. By entering into the agreement with Us for the provision of The Bundle, You are hereby irrevocably
12. To be eligible for The Bundle, You must qualify under Our current credit policy, which policy implies that:
(a) You must not have a history of failure to pay charges or fees for any of Our services by their due date; and/or
(b) You must not have previously misused any of Our services, destroyed or tampered with any of Our equipment or breached any agreement with Us;
(c) You must not have a history of defaulting in payments with any other service or other provider. For this purpose, You are hereby irrevocably authorising Us to consult with reputable credit agencies to determine Your credit worthiness.
13. We reserve the right to vary or change The Bundle without notice, including the following terms and conditions :
(a) as a result of circumstances independent of Our control including technical, commercial difficulties, or any unforeseeable circumstances; or
(b) for reasons aimed at the improvement of the Service offered.
14. Without prejudice to the above and to any right arising by virtue of this Agreement or any other law or practice, We may at Our discretion promptly terminate the provision of the Service to You without the need of any prior notification in the event that You:
(a) breach any of the conditions laid out herein;
(b) fail to pay any amounts that You are liable to pay within thirty (30) days from date of invoice ;
(c) become insolvent or bankrupt, and/or any legal action is taken in Your regard requesting the Court to declare You as being insolvent or bankrupt or for the appointment of administrators of your assets or for your personal incapacitation or interdiction.
(d) You or another person at Your premises have committed or may be committing any fraud against Us or against any other person by using the Service or any related equipment;
(e) provide Us with false, inaccurate or misleading information at any time during the duration of the Agreement; or
(f) tamper with any equipment that We provide You with.
(g) You are liable to pay all charges for the Service up to the date indicated if We disconnect Your Service because You failed to pay any dues, We shall be entitled to recover from You all costs and charges relating to collection, interest at the highest rate established or allowed by law, legal fees and any then current disconnection fees.
15. We may also interrupt, suspend or terminate the provision of the Service without any prior notification to You in any of the following circumstances:
(a) in fulfilment of any instructions requested by governmental, judicial, or regulatory authorities;
(b) for the purposes of repair, maintenance, improvement of the network or other operational reasons;
(c) for health and safety considerations; and
(d) for any other reason beyond Our control.
16. Save as otherwise provided in this Agreement, where reasonably possible We shall provide You with adequate notice prior to the interruption, suspension or termination of the Service and where relevant We undertake to restore the provision of the Service without unnecessary delay
(a) Up to the maximum allowed at Law, We 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 the services, 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. Without prejudice to the above, Our liability if any shall not exceed the total amount of charges paid by You for the Service in the particular year that the liability arises.
(b) The Customer is responsible/liable for the cost of any damage to the Equipment and/or cost of the Services brought about by misuse, other than the stipulated use, whether with or without the Customer’s knowledge or permission.
18. Use of the service
(a) Together with the Fair Usage Policy, available on Our website, You are hereby declaring that You are aware of the current statutory provisions relating to terminal equipment and electronic communication services which are applicable to the use of the Services via the Subscriber Apparatus. In addition, You agree:
(b) Not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication that is of an offensive, abusive, indecent, obscene or menacing nature, or for sending unsolicited junk mail (known as ‘spamming’).
(c) Not reverse the charges on any data call made in Malta, or allow anyone else to do so.
(d) Comply with any reasonable instructions issued by Us that concerns the Customer’s use of Network Services, subscriber equipment or related matters and not use the Service in a way that stops, slows down or otherwise damages the Service, thereby seriously jeopardizing its effectiveness or functionality for other users.
(e) Not to use the service in any manner which constitutes a violation or infringement of any intellectual property rights, including copyright and trademark.
(f) Provide Us with all such necessary information that We may reasonably require.
(g) Only use a SIM card in relation to the Service as defined in clause 2 above.
19. Without prejudice to the above, You are hereby irrevocably constituting yourself as a certain, liquid, and due debtor in favour of US, who accept, for any and all balances remaining unpaid for the services.
20. The Agreement, of which these Bundle Terms and Conditions constitute an integral part, shall supersede any and all previous agreement/s entered into by and between Us and Yourself in relation to the Services mentioned in Clause 2 above.
21. Service usage policy for Fixed Telephony applies.
22. Service usage policy for Broadband applies.
23. Service usage policy for Mobile Telephony applies.