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BlackBerry

Addendum to the Subscription Order Form for use of the BlackBerry® Service

1. Definitions

a) ‘GM’ means GO mobile and any successor in business or assignee.

b) ‘Customer’ means the person legally or naturally named on the Order Form who is responsible for the payment of the service..

c) ‘charges’ means the charges as periodically updated in the Tariff plan guide for the contract subscription entered into between GM and the Customer.

d) ‘Tariff plan guide’ means the web publication listing of GM’s current charges, which may be updated from time to time.

e) ‘BlackBerry®’ means the BlackBerry® service to which the Customer is subscribed.

f) The BlackBerry® service, as specified in clause 2b, enables users of the GM network to access the BlackBerry® service/s as specified in the Order Form.

g) ‘Order Form’ means the contract that when signed by the Customer and GM will bind the Customer and GM to the stipulated Terms and Conditions.

h) ‘Network Services’ means network and other services provided by GM and made available for the Customer’s use.

i) ‘Device’ means the BlackBerry® device or any other RIM-approved equipment, including charging unit and SIM card, approved by GM for connection to its network.

j) ‘roaming Customer’ means the Customer named on the Order Form with a valid service provided by GM for international use in other countries. The roaming Customer shall be liable for any charges whilst overseas and GM shall charge the roaming Customer for any charges affected whilst roaming.

k) ‘Service’ means the BlackBerry® service.

l) ‘Tariff plan guide’ means the web publication listing of GM’s current charges, which may be updated from time to time.

m) ‘SIM card’ means the Subscriber Identity Module which contains the subscriber information and which, when used with the equipment, enables access to the network system and services.

n) ‘System’ means the authorised system as made available by GM.

o) ‘User’ means the signatory of the contract or any other person making use of the BlackBerry® service specified in the Order Form.

p) ‘equipment’ includes any device needed by the Customers and Users for the BlackBerry® Service

q) ‘Fair usage Policy’ refers to GM’s guide to the usage of internet, e-mail and other data services, as defined in its website.

2. Terms

a) This Addendum forms an integral part of the agreement entered into between GM and the Customer for the provision of the BlackBerry® service, as an add-on to a Pay Monthly plan.

b) The BlackBerry® service is provided by GM in conjunction with RIM – Research In Motion.

c) GM provides different BlackBerry® service packages, as listed in the Tariff plan guide. GM and the Customer shall be bound by the conditions governing the BlackBerry® service package as specified in this Addendum or any other superseding agreement between the two parties entered into in writing.

d) All other Terms and Conditions as specified in the Subscription Order Form apply and without prejudice to the latter, the following conditions must all be satisfied in order that GM may provide the Customer with the Service:

(i) The Customer must qualify under GM’s current credit policy;

(ii) The Customer must not have a history of failure to pay charges or fees for any of GM’s or GO p.l.c.’s services by their due date; and

(iii) The Customer must not have previously misused any of GM’s services, destroyed or tampered with any of GM’s equipment or breached any Agreement with GM.

e) The agreement terms for BlackBerry® service is of an indefinite nature and may be terminated by either party at will. This agreement shall commence on the date of acceptance by GM and shall continue until terminated by GM or the Customer as stipulated in the Order Form.

3. Payment, International Activity and roaming

a) The Customer will pay GM all the charges applicable to the Service as defined in the periodically updated Tariff plan guide available on GM’s website and as incurred by the Customer during the charging period.

b) On connection, if the Customer applied for the services and subject to credit control approval, the Customer will be allowed to make international activity and roam with the partner networks with which GM has a roaming agreement. The rates, excluding instances as stipulated in clause 3c), will be as defined in the Tariff plan guide or as otherwise specified in GM’s website.

c) Different BlackBerry® services provided by GM may provide different data roaming rates and/or include roaming data bundles. Where this does not apply or the relevant data bundle is exhausted, the standard roaming data rates as published in GM’s website shall apply.

d) Once You select a particular rate and bundle you agree that you will be bound by the Terms and Conditions of the particular bundle, as specified in the Tariff plan guide.

e) GM reserves the right to vary or change the bundles without notice, including the particular Terms and Conditions:

(i) as a result of circumstances independent of GM’s control including technical, commercial difficulties, or any unforeseeable circumstances; or

(ii) as a consequence of the termination or suspension of any particular agreement that GM may have with RIM or any party in connection with the provision of the Service, or

(iii) for reasons aimed at the improvement of the Service offered.

(f) Without prejudice to the above and to any right arising by virtue of this Agreement or any other law or practice, GM may at its own discretion promptly terminate the provision of the Service to the Customer without the need of any prior notification in the event that the Customer:

(i) breaches any of the conditions laid out herein;

(ii) fails to pay any amounts that the Customer is liable to pay ;

(iii) becomes insolvent or bankrupt, enters into any arrangement with creditors or legal action is taken or threatened against the Customer’s property;

(iv) or another person at the Customer’s premises has committed or may be committing any fraud against GM or against any other person by using the Service or any related equipment;

(v) provides GM with false, inaccurate or misleading information at any time during the duration of the Agreement; or

(vi) tampers with any equipment provided by GM.

The Customer is liable to pay all charges for the Service up to the date indicated if GM disconnects the Service because the Customer failed to pay any dues, GM shall be entitled to recover from the Customer all costs and charges relating to collection, interest, legal fees and any then current disconnection fees.

g) GM may also interrupt, suspend or terminate the provision of the Service without any prior notification to the Customer in any of the following circumstances:

(i) in fulfilment of any instructions requested by governmental or regulatory authorities;

(ii) for the purposes of repair, maintenance, improvement of the network or other operational reasons;

(iii) for health and safety considerations; and

(iv) for any other reason beyond GM’s control.

Where reasonably possible, GM shall provide the Customer with adequate notice prior to the interruption, suspension or termination of the Service and where relevant, GM undertakes to restore the provision of the Service without unnecessary delay

h) GM may amend the Agreement at any time in its sole discretion, provided that it shall give the Customer a thirty (30) days’ notice prior to such amendments taking effect. Should the Customer not wish to accept the proposed changes, the Customer must, within 30 days of having been so notified, inform GM of such non-acceptance. Failure to so notify GM in writing of such non-acceptance will constitute an irrevocable acceptance of any such changes for as long as the Customer remains subscribed to the Service.

4. Obligations of the Customer

a) The Customer will provide GM with the correct, accurate and current identification information when registering for BlackBerry® service and will immediately notify GM of any changes thereafter.

b) The Customer shall use his/her own encryption or other security mechanisms as might be approved by GM to ensure his/her own privacy of transmitted material.

c) The Customer hereby agrees and binds him/herself to comply with GM’s Fair usage Policy, available on its website.

5. Liability

a) Up to the maximum allowed at Law, GM 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 BlackBerry® service, 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, GM’s liability if any shall not exceed the total amount of charges paid by the Customer for the Service in the particular year that the liability arises.

b) GM shall not be liable and will not guarantee the level of service for those services provided by a third party ISP (internet service provider) or, in the case of the BlackBerry® Enterprise Solution (BES), by the Customer’s corporate server. Such services include e-mail, storage and back-up facilities, secure encryption, and electronic commerce transactions.

c) GM shall not in any way be responsible for the accuracy of any information accessed and for the quality of internet or Intranet content made available and accessed through the BlackBerry® service. Neither will GM accept any liability for the consequences of use of information available on the internet.

d) 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.

6. Use of the BlackBerry® service

a) Apart from the Fair usage Policy, available on GM’s website, the Customer should be aware that the current statutory provisions relating to terminal equipment and electronic communication services apply to the use of the Services via the Subscriber Apparatus. In addition, the Customer must:

i) 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’).
ii) Not reverse the charges on any data call made in Malta, or allow anyone else to do this.
iii) Comply with any reasonable instructions issued by GM 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.
iv) Not to use the BlackBerry® service in any manner which constitutes a violation or infringement of any intellectual property rights, including copyright and trademark.
v) Provide GM with all such necessary information that GM may reasonably require.
vi) Only use a SIM card for connection to the System.

7. Two-year Agreements

As from the 4th March 2011, the Customer may also choose to enter into a two-year Agreement (‘the Agreement’) with GO for a discounted monthly access fee as specified in the BlackBerry Tariff plan guide section on GO website. Customers signing such an Agreement are:

a) Regulated by this additional clause 7 to the Terms & Conditions, for a period of two (2) years from the date of signature of the Agreement. In the case of two-year agreements, this clause 7 shall prevail if there are any contradictions with the rest of these terms and conditions.

b) Bound to remain subscribed to the chosen Tariff for two (2) consecutive years;

c) Liable to reimburse GO the penalties outlined herein if they wish to terminate their subscription to the discounted monthly access fee prior to the lapse of two (2) years from the date of signing the Agreement. The penalty shall consist in an amount equivalent to the difference between the standard monthly access fee and the discounted monthly access fee multiplied, pro-rata, by the number of months elapsed from the date of signature of the two-year Agreement.

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