1. This Business Duo Pack 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”) and the Registered Business Subscriber (hereinafter referred to as “You” / “Yourself” / “Your”).
The Agreement (as specified in clause 2 below) is subject to the following terms and conditions, as well as the standard terms and conditions regulating the fixed voice and internet services.
In the event of any difference or conflict between the Agreement and the standard terms and conditions regulating the fixed voice and internet services, the Agreement terms and conditions shall prevail.
2. The Agreement entitles You to the following products sold by Us (hereafter referred to as “the Business Duo Pack”):
(a) Business Talk 500 fixed phone line service, and
(b) up to 20Mbps fixed business Internet service as specified in the GO Service/Bundle Agreement Order Form
3. By entering into the Agreement You are hereby irrevocably:
(a) consenting for data to be shared between Us and all the subsidiaries and affiliates of the GO Group, as well as between Us and other third parties including other authorised electronic communications providers and operators, and credit agencies. You acknowledge that such sharing of data is necessary for the purpose of providing better value and services as well as for fraud prevention, debts and credit referencing and to protect Our legitimate interest and other electronic communications operators and third parties. We commit to preserve all Your rights as data subject at all times;
(b) committing to retaining, the Business Duo Pack for a minimum period of twenty-four (24) consecutive months (“Term”) from the Commencement Date. The Commencement Date means the date of the last of the services referred to in clause 2 above to be activated. Unless the Agreement is earlier terminated, on the expiry of the initial Term or any subsequent renewed Term, subject that the package would still be commercially marketed at the time, the Agreement will be automatically renewed for further twenty-four (24) month periods. Should You not wish to renew the Agreement, You must notify Us in writing at least fifteen (15) days prior to expiry of the initial Term or any subsequent renewed Term.
(c) assuming all responsibility to ensure that no unauthorised use of any of the Services is affected by any third party user, and assuming all responsibilities in connection with any use of the Services by any user, irrespective of whether such user used the Service with Your knowledge and consent or not. In particular, You shall assume all responsibility to ensure that no use of the Services is affected by any person under age or is otherwise incapacitated without proper adult supervision.
4. A charge of forty euro (€40) per month applies when the Business Duo Pack is paid by Direct Debit. In the case that You do not pay by Direct Debit, You will be charged an additional two euro (€2) per month for the Pack.
5. The default billing method of the Pack is E-Billing. You are required to supply Us with a valid email address where notifications will be sent inter alia informing You that a bill has been issued and any other information. It is Your responsibility to inform Us of any change in Your email address. Should you prefer to opt for a printed bill sent by post to Your billing address, You will be charged an additional two euro (€2) per month.
6. Should You terminate the Agreement prior to the lapse of the twenty-four (24) month obligatory period, a one-time charge of two hundred euro (€200.00) shall apply. The same charge shall also apply in all instances when the Agreement is terminated by Us for any reason attributable to You, inter alia including for non-payment.
7. For the avoidance of doubt, in the event that You terminate the Agreement as per clause 6 above but choose to retain any of the Service/s offered by Us, You agree that the retained Service/s shall be charged at the standard rate/s applicable at the time and will be governed by the applicable terms and conditions.
8. Save as is herein otherwise provided, the Agreement shall supersede any and all previous agreement/s entered into by and between Us and Yourself in relation to the service subject matter of the Agreement.
9. We reserve the right to terminate The Agreement and the Service/s, immediately and without prior notice and without incurring any penalty or liability, in the event of:
(a) a breach of any of the applicable Terms and Conditions including, without limitation, late or non-payment of sums due, submissions of incorrect and/or incomplete data, and improper use of the Service;
(b) when We are bound to comply with any order (provisional or otherwise), instruction, request, directive, decision of the Government, any administrative authority, any Court of law, administrative tribunal, regulatory body or any other competent entity, to cease to provide the Service;
(c) if any license necessary for the operation of the Service is revoked, terminated, or otherwise modified for any reason whether in whole or in part;
(d) if any service agreement necessary for the continued operation of the Service with any network, operator, or otherwise third party service provider is terminated or otherwise ceases to be available;
(e) if You tamper with any equipment provided by Us or in any manner jeopardise the operation of the Service.
10. We reserve the right to amend these terms and conditions at any time, provided that We shall give You a thirty (30) days’ written notice prior to such amendments taking effect. Should You not wish to accept the proposed amendments, You must, within thirty (30) days of having been so notified, inform Us of such non-acceptance. For the sake of clarity, such notification of non-acceptance on Your part shall not be deemed to constitute a termination of the Agreement in terms of clause 6 above in which event, the penalty charges therein stipulated shall not become applicable. Failure on Your part to notify Us in writing within the stipulated time period of such non-acceptance will constitute an irrevocable acceptance of any such amendments for the duration of this agreement. For clarity, continued use of any of the Services shall be deemed to be an acceptance of any changes effected.
11. All rates quoted include VAT.
12. These terms and conditions and all matters relating to the Agreement shall be governed, construed and take effect in accordance with the laws of Malta.
13. These terms and conditions have been drafted in the English language and the English text shall be regarded as the authoritative text. If this Agreement is translated into any other language, any ambiguity or disagreement that may arise shall be resolved by reference to the English text.
ANNEX TO THE TERMS AND CONDITIONS OF BUSINESS DUO PACK
The Business Duo Pack Service Agreement (hereinafter referred to as “the Agreement”) entered into by GO p.l.c,, being the operator of the brand ‘GO’, duly authorized to act in representation of its subsidiary and/or affiliate companies members of the GO Group (hereinafter referred to as “GO” / “We” / “Us” / “Our”) and the Registered Business Subscriber (hereinafter referred to as “You” / “Yourself” / “Your”) currently entitles You and/or other GO customers nominated by You (hereinafter referred to as “Beneficiaries”), to the following discounts on up to a maximum of four (4) concurrent Business Limitless Intra Mobile Plans (hereinafter referred to as “Mobile Plans” sold by Us:
|Mobile Plans||Monthly discount (inclusive of all taxes) on the access fee|
|Business Limitless Intra 25||€2|
|Business Limitless Intra 35||€3|
|Business Limitless Intra 60||€5|
|Business Limitless Intra 99||€9|
The Beneficiaries of the discounted Mobile Plans can be on up to a maximum of four (4) distinct mobile numbers nominated by You provided that the Beneficiaries consent in writing to accept the discount. Although discounts are limited to a maximum of four (4) Mobile Plans, these can be on the same or different Beneficiaries and in any combination of the above mentioned Mobile Plans. The discounts will appear on the corresponding mobile bill. Discounts will appear on the bills issued after the Consent Form is properly filled in, submitted to and processed by GO.
For the avoidance of doubt:
a. You retain the exclusive right to add/amend/delete Beneficiaries at any time, and
b. in the event that the Agreement is terminated for whatever reason, the Beneficiaries will no longer be eligible for the discounts on their Mobile Plans, in which event the applicable monthly discounts shall immediately cease.
It shall be Your sole responsibility to immediately inform the Beneficiaries of any such changes and/or consequent termination of the applicable monthly discounts on their Mobile Plans, and hereby fully indemnify and keep GO fully and effectually indemnified on demand against any and all liabilities (howsoever defined and including any consequential loss), demands, claims, damages, costs, threatened, suffered, and/or incurred by GO in consequence of any failure on Your part to inform the Beneficiaries of any such changes and/or of any breach or non-performance by You of any provision of the Agreement.