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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 3 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. By entering into The Agreement for the provision of The Bundle, You are hereby irrevocably: a. Consenting for data to be shared between Us and all the subsidiaries of the Group. b. Committing to a minimum period of twenty four (24) consecutive months (Term) from the date of the last of the following services to be installed (i) Talk Anytime post-paid fixed phone line service (ii) GO television service subscription to Bronze or above (Commencement Date). Should You already be subscribed to both services the Term shall commence from The Agreement date. c. Committing to both installing/retaining the (i) GO Talk Anytime fixed phone line service,(ii) GO television service subscription to Bronze or above, at Residential (non-commercial) Premises owned by Yourself as indicated in The Agreement within thirty (30) days from date of request of The Bundle.
3. This Bundle entitles You to all of the following benefits: a. One (1) free set-top box / Conditional Access Modules (CAMs), in accordance with clause 4 and /or 5 below.
4. If You are an existing GO television subscriber, and have already benefitted from a free set-top box/CAM offer under a previous offer, You would not be entitled to the free use of an additional set-top box/CAM when subscribing to The Bundle.
5. You acknowledge and agree that any free set-top boxes/ CAMs You may be entitled to 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 set-top boxes/ CAMs 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 set-top boxes/ CAMs including the network access cards & remote controls 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, any wilful damage, connection to unsuitable supply power, surges, lightening, tampering or service by unauthorised personnel, You will be liable to pay to Us the applicable penalty charges as stipulated in the Schedule of Charges. Such charge shall be paid directly to Us.
6. Should You terminate The Bundle and/or any of the services as described in clause 2 (b) prior to the lapse of the twenty-four (24) month obligatory period, a one-time charge of sixty-four euro and ninety-nine euro cents (€64.99) for the set-top box/CAM that has been provided to You by Us in terms of this or any other offer will be levied.
7. For the avoidance of doubt, in the event that You terminate The Bundle as per clause 6 above but choose to retain any of the services offered by Us, You agree that the retained services shall be charged at the standard rates applicable at the time and will be governed by the applicable terms & conditions.
8. The Bundle is applicable only where the television service and fixed phone line service can be reached by Us. Should one of the services not be available, We will inform You in writing of the options available and the respective charges that will come into force within thirty (30) days of having been so notified.
9. The Bundle is applicable only where Your Residential Premises is reached by full DTTV coverage. At Our discretion, a free booster to improve signal level to Our requirement may be provided at no cost for the duration of The Bundle. Replacements to any damaged booster after date of installation will be provided by Us against the applicable charges as per Schedule of Charges.
10. The Agreement, of which The 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 GO fixed phone line and/or GO television services. Furthermore, a new twenty-four (24) month Term indicated in clause 2(b) shall commence on the Commencement Date.
11. We acknowledge that in the case of You subscribing to The Bundle through telesales You may terminate The Bundle in accordance with the provisions as laid down in the Distance Selling Regulations, without incurring any penalty charges.
12. 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 be deemed to constitute a termination of The Agreement in terms of clause of 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.
13. This Agreement and all matters relating to it shall be governed, construed and take effect in accordance with the laws of Malta and the Parties hereby submit to the exclusive jurisdiction of the Maltese Courts.
14. This Agreement has 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.