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’)
(a) Mandatory Service – Bundle details
(i) One Business Fixed line on ‘Business Talk 500′ Tariff
(ii) One Business Broadband Connection of up to 2Mbps
(iii) Two Mobile Connections on ‘Business Pack’ Tariff plan
(b) Furthermore, the following items will be offered free of charge, for the duration of the agreements
(i) Registration of domain name (.com or .com.mt)
(ii) Free use of wireless ADSL modem
(iii) Free onsite technician installation for ADSL Service
3. By entering into the agreement with Us for the provision of The Bundle, You are hereby irrevocably
(a) Consenting for data to be shared between Us and all the subsidiaries within the Group.
(b) Committing to a minimum period of twenty-four (24) consecutive months (“Initial Term”) from the date of the last of the following services to be installed
(i) GO Business Talk 500 fixed-line telephony service
(ii) GO Business Broadband of up to 2Mbps
(iii) Two (2) mobile subscriptions on Business Pack tariff plan (“Commencement Date”).
(c) Committing to both installing/retaining the (i) GO Business Talk 500 fixed-line telephony service (ii) GO Business Broadband of up to 2Mbps (iii) Two (2) mobile subscriptions on Business Pack tariff plan on the Premises (commercial) owned by Yourself as indicated in The Agreement within thirty (30) days from date of request of The Bundle.
4. You acknowledge and agree that any modem You may be entitled to free of charge under The Bundle Terms and Conditions will only be issued whilst The Bundle is still being offered to the public. For the avoidance of doubt, You acknowledge and agree that any modem being offered in terms of The Bundle is being provided to You free of charge, but is and shall at all times remain Our property, and that the modem shall be returned to Us upon termination of this Agreement. In default, or should the equipment be returned damaged or faulty resulting from but not limited to misuse, mishandling, wilful damage by liquids, connection to unsuitable supply power, surges, lightening, tampering or service by unauthorised personnel, You will be liable to pay to Us the sum of twenty five euro (€25) exclusive of VAT for the ADSL modem. Such charges shall be paid directly to Us.
5. Should You terminate The Bundle and/or any of the services as described in clause 2 (a), prior to the lapse of the twenty-four (24) month obligatory period, the following charges will apply :
(a) A one-time charge of two hundred euro (€200) for early termination of the contract, subject that this charge shall not be applied in the event that You retain the minimum level of service as described in clause 2(a) above.
6. For the avoidance of doubt, in the event that You terminate The Bundle as per clause 5 above but choose to retain any of the services offered by Us, You agree that these services shall be charged at the standard rates applicable at the time and shall be governed solely by the applicable terms & conditions.
7. The Bundle Fee shall come into force from the date when the last of the services specified in clause 2(a) above would have been installed at the Registered Premises as indicated in The Agreement. For the avoidance of doubt, any applicable usage charge shall commence from the date of the installation of the particular service.
8. We reserve the right to unilaterally, and without the need to give any prior notice, terminate this Agreement in the event of any deliberate abuse and/or misuse of the services subject matter of this Agreement.
9. We reserve the right to amend these terms and conditions at any time in Our sole discretion, 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 be deemed to constitute a termination of The Agreement in terms of clause of 5 above in which event, however, 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 be deemed to constitute an irrevocable acceptance of any such amendments for the duration of this agreement.
10. This Agreement and all matters relating to it shall be governed, construed and take effect in accordance with the laws of Malta, and shall be subject to the exclusive jurisdiction of the Courts in Malta.
11. This Agreement has been drafted and negotiated 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.
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.