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“The Upgrade Service Agreement” made available to GO standalone internet residential subscribers
1. This Upgrade 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 Residential Internet 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 internet service. In the event of any difference or conflict between the Agreement and the standard terms and conditions regulating the internet service, the Agreement terms and conditions shall prevail.
2. The Agreement entitles You to a free internet upgrade to the next higher speed residential internet product sold by Us (hereafter referred to as “the Internet Service”).
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 Internet Service for a minimum period of twenty-four (24) consecutive months (“Term”) from the Commencement Date. The Commencement Date means the date on which the upgraded service will be activated by Us and shall immediately follow, where the case may be, any initial trial period offered by Us. Unless the Agreement is earlier terminated, on the expiry of the initial Term or any subsequent renewed Term, subject that the service would still be commercially marketed at the time, the Agreement will be automatically renewed for further twenty-four (24) month period. 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. If, during the initial Term or any subsequent renewed Term, You decide to downgrade the Internet Service to a lower speed, You will enter into a new Term commencing on the date of the downgrade. If, during the initial Term or any subsequent renewed Term, You decide to upgrade the Internet Service to a higher speed, the end date of Your Term will not be affected.
(c)assuming all responsibility to ensure that no unauthorised use of the Internet Service is affected by any third party user, and assuming all responsibilities in connection with any use of the Internet Service by any user, irrespective of whether such user used the Internet Service with Your knowledge and consent or not. In particular, You shall assume all responsibility to ensure that no use of the Internet Service is affected by any person under age or is otherwise incapacitated without proper adult supervision.
4. Should You terminate the Agreement prior to the lapse of the twenty-four (24) month minimum period, a one-time charge of seventy five euro (€75.00) 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.
5. For the avoidance of doubt, in the event that You terminate the Agreement as per clause 4 above but choose to retain the internet service offered by Us, You agree that the retained internet service shall be charged at the standard rate applicable at the time and will be governed by the applicable terms and conditions.
6. 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.
7. We reserve the right to terminate The Agreement and the Internet Service, 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 Internet 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 Internet 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 Internet Service.
8. 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 4 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 the Internet Service shall be deemed to be an acceptance of any changes effected.
9. 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.
10. 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.