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Fixed Phone Line Service Terms and Conditions before 27th August 2015

If you signed your contract after the 27th of August, kindly refer to the new terms & conditions through this link: Fixed Voice Product Terms and Conditions or Fixed Voice Product Terms and Conditions – Business.

 

1. Definitions

1.1. Unless the context otherwise requires or applicable legislation otherwise provides, the following terms shall have the following meanings:

1.2. “Agreement” means the agreement for the provision of a Service reached between the applicant and GO plc, when GO plc accepts the relative Application in writing.

1.3. “Alarm Call” means the facility whereby an exchange line is called automatically at a time specified by the user of such exchange line;

1.4. “Application” means the relevant application form prescribed by GO plc to be filled in by any person who wishes to request a Service from GO plc;

1.5. “Automatic Call Transfer Facility” means the facility enabling incoming calls on an Exchange Line to be automatically transferred to another Exchange Line or a Mobile Number.

1.6. “Charges” means all charges, including rent, payable to GO plc in connection with the Service provided to the Subscriber as stipulated in these Conditions and/or in the Price List;

1.7. “Exchange Line” means a circuit provided as part of an Installation for the purpose of keeping that Installation in connection with a Telephone Exchange.

1.8. “Installation” means all the electronic communications apparatus and infrastructure provided by GO plc for the provision of access to the Public Switched Telephone Network, but excluding any customer-premises equipment.

1.9. “Internal Extension” means an extension connecting points in self-contained premises.

1.10. “Location Portability” means the transfer of the Service from one premises to another, without any change in the relative telephone number, but does not include the shifting of the Service from one place to another within the same premises.

1.11. “GO”, “we”, “our” and “us” means GO plc (registered in Malta number C22334, with registered office at Fra Diegu Street, Marsa, MRS 1501, Malta.) and any assignee.

1.12. “GO’s Website” means GO website or any other Unique Resource Locator (URL) as may be determined by GO.

1.13. “Price List” means GO’s official price list for the electronic communications services offered by it, a copy of which is available from GO upon request or is accessible on GO’s Website.

1.14. “Public Switched Telephone Network” means the public communications network operated by GO in Malta.

1.15. “Ring Back” means the facility of programming your telephone line to automatically redial a call to a busy telephone line when it becomes free. 1.16. “Service” means the relative telephone service which the applicant in the Application has requested GO to provide and/or which GO is providing to the Subscriber.

1.17. “Star Service” means any extra facility which may be provided on an Exchange Line among the following: Abridged Dialling, Alarm Call, Automatic Call Transfer, Call Transfer on Busy, Call Transfer on No Reply, Call Waiting, Code Controlled Barring, Conference Call, Do Not Disturb, Hot Line and Ring Back;

1.18. “Subscriber” or “you” means the person (whether individual or corporate) indicated as the applicant in the Application and whose Application has been accepted in writing by GO.

1.19. “Telephone Exchange” means switching equipment or apparatus which forms part of the
Public Switched Telephone Network and includes the building or vehicle housing such equipment or apparatus.

1.20. “Working Day(s)” means Monday to Friday not including public holidays and GO’s shutdowns.

1.21. Any other definitions that are found in the Price List shall apply to these Conditions.

1.22. In these Conditions:

1.22.1. the headings are used for guidance only, and do not affect the interpretation of these Conditions;

1.22.2. any reference to any law or statute, or any section of any law or statute, includes reference to any modification or re-enactment of it for the time being having the force of law;

1.22.3. references to the singular include the plural and vice versa;

1.22.4. references to the masculine gender includes the feminine gender and vice versa.

2. Extent of the Agreement

2.1. The Agreement is governed by the Application, by these Conditions together with the Price List, all of which shall constitute an integral part of the Agreement. In the event of any inconsistencies between any of these documents, the order of precedence shall (unless the contrary is expressly stated) be as follows: (1) the Price List; (2) these Conditions; (3) the Application.

2.2. The most recent Price List is applicable to the Agreement.

2.3. The Agreement supersedes all prior negotiations, commitments, undertakings and writings pertaining to the subject matter of the Agreement and constitutes the entire understanding between you and us.

2.4. If you have any questions or comments about the Agreement kindly send us an email

3. Application Procedure for a request for a Service

3.1. Any person wishing to be provided with a Service on any premises shall submit to us a duly completed Application.

3.2. We have the right to require the person making such an Application to produce such evidence as we may consider necessary in support of the Application.

3.3. We will only be bound by the request made in the Application when it has been signed by the applicant and accepted by us in writing.

3.4. If the information given in the Application proves to be incomplete or incorrect, we reserve the right not to provide the Service.

3.5. If the Service has already been given and it later results that the information in the Application is incomplete or incorrect, we reserve the right to disconnect and remove the Service. If we do so you will still remain liable for any and all Charges due to us before and as a consequence of the disconnection and removal of the Service.

3.6. You must immediately inform us in writing of any changes in any of the information which you supply to us in your Application.

3.7. We reserve the right to refuse an Application if:

3.7.1. you are not creditworthy; or

3.7.2. if you have not fully paid for any other electronic communications service offered by us; or
3.7.3. if in the past we had to terminate any electronic communications service due to your non-payment of Charges; or

3.7.4. if the Charges for any electronic communications service provided by us in the same premises as that requested in the Application – whether provided to you or to a third party – have not been or are not being duly paid.

3.8. If you are requesting a Service to be installed in a newly developed area you should attach a site plan of that area with the Application in order to facilitate its processing.

3.9. We shall not be responsible for any delay in rendering the Service at the required location if the address on or site plan attached to the Application is insufficient.

4. Service Connection

4.1 Saving the provisions of Clause 3 above, the maximum time for the initial connection of the Service shall not exceed 10 Working Days from date of order subject to network capacity availability and customer accepting first available appointment.

4.2 GO can guarantee these timeframes subject to the availability of the necessary infrastructure, network capacity, access to the premises and/or the availability of the necessary permits. The Subscriber hereby acknowledges that where the infrastructure is not available and/or there is insufficient capacity to support the new Service and/or GO is not given full and unhindered access to the premises, including any common parts, GO may experience delays in providing the Service.

4.3 Where delays beyond the stipulated timeframes for the connection of the Service are incurred without justification or for reasons within GO’s control, the Subscriber has the right to terminate the Agreement without incurring any penalties. In this case, any and all Equipment issued by GO to the Subscriber for the purposes of the Agreement shall be returned unused by the Subscriber to GO in the original packaging on the same day in which he terminates the Agreement. GO reserves the right to charge a fee for unreturned, used or damaged Equipment.

5. Requirements in the case of Corporate Applicants/Subscribers

5.1. If the applicant or Subscriber is a company, commercial partnership, civil partnership, club, association, co-operative or other entity, we reserve the right to request, at any time, the individual signing, or who has signed, in his representative capacity, to sign GO’s Personal Guarantee Form, in order to personally guarantee, jointly and severally with the aforesaid entity, the payment of any Charges and the observance of these Conditions.

5.2. Nevertheless, where the applicant is a limited liability company, the Personal Guarantee Form must always be signed, if the company’s issued share capital does not exceed twenty three thousand, two hundred and ninety three Euro (€23,293.00) and/or is not fully paid up.

5.3. An Application lacking the Personal Guarantee Form, where applicable, will not be processed by us.

5.4. If we request the Personal Guarantee Form after the Service has started to be provided, we reserve the right to disconnect and remove the Service, if we do not receive the Personal Guarantee Form within 30 days from the date of our request.

5.5. If the Subscriber is a company, commercial partnership, civil partnership, club, association, co-operative or other entity, any changes to the constitutive documents required to be attached with the Application, as well as any changes to the individuals authorised to sign on its
behalf, are to be immediately notified to us by sending an authenticated copy of the Board/Partners’/Committee resolution as applicable, together with a fresh Personal Guarantee Form, if applicable. Failure to submit a fresh Personal Guarantee Form, where applicable, will mean that the individual last known to us, as provided in these Conditions, will remain personally and jointly and severally liable for any Charges.

6. Deposit as security for the payment of Charges for the Service

6.1. Before processing the Application, or after having accepted the Application, we may require the payment of a deposit or any other form of guarantee by way of security for the payment of Charges as well as for the payment of the cost of any loss or damage which may be caused to the Installation. We retain sole discretion to determine the form that such other guarantee should take.

6.2. From time to time, we may require such deposit or guarantee to be increased by such an amount as we consider reasonable and we may retain the deposit or guarantee for as long as the Service will continue to be provided and all relative accounts are settled.

6.3. Any deposit or guarantee held by us as described in the preceding paragraphs will not bear interest against us.

7. What is included in the Service

7.1. In the case of a request for a new Service, the Service consists of: (i) your ability to make or receive a call (or both); (ii) in the activation of the PhoneMail answering service, if you have indicated this wish in the Application or at any time after the Service is installed; (iii) in the activation of the Alarm Call facility and (iv) in the activation of the Ring Back facility.

7.2. The Service does not include any phones or other equipment.

7.3. We shall provide and install any wiring or cabling up to the Installation of the first socket (also referred to as the Master socket) which will be connected to the Public Switched Telephone Network, and any Installation so provided shall remain our property.

7.4. In the case of a request for the Installation of a new telephone line, we will only install the main telephone socket up to five (5) metres from the practical point of entry into the premises. Beyond five (5) metres you will need to apply for an Internal Extension against the applicable Charge as specified in the Price List, or have the work carried out by a competent contractor.

7.5. Furthermore, we reserve the right to recover the extra costs which we incur when the Installation requires external wiring or cabling of a greater length than that used in normal Installations. In the event of extra costs, we will inform you before works commence. However, if no reply is forthcoming and/or no agreement is reached within thirty (30) days thereafter, we will consider that you no longer require the Service, and the Agreement will be automatically terminated.

7.6. In respect of the Service provided, you must pay the connection and other Charges, including those for specific services and facilities specified in the Price List, as may be applicable.

7.7. If you request some apparatus or facility which we do not normally provide and for which
no Charges are established in the Price List, we will establish such Charges as we consider reasonable and appropriate in each case.

7.8. If you request us to carry out any work connected with the Service outside normal working hours, and we accept to do so, we will establish a Charge for any work done outside normal working hours and you agree to pay such Charge. In establishing this Charge we will take into account all extra costs which we have incurred on the work performed outside normal working hours.

8. Your Duty of Care

8.1. You are bound to take good care of the Installation provided and maintained by us, and you will be responsible for the safety of all parts thereof as are in or on your premises and, if any part thereof is lost, stolen or destroyed or is otherwise missing or is damaged otherwise than through fair wear and tear, you must pay in respect of the replacement or repair thereof such sum as we may determine but which will not exceed the actual cost of the new part at the time of the replacement or of the repair, as the case may be, and the cost of labour and material required.

8.2. In addition to our right under the preceding paragraph, we reserve the right to take any other action we deem fit in order to protect our rights and property.

9. Your Duties in relation to private equipment

9.1. You are responsible to ensure that your equipment conforms with the relevant laws, regulations and standards approved by the competent authorities.

9.2. Your failure to abide by the conditions laid down in this Clause, will entitle us to suspend the Service until you have complied with these conditions.

9.3. Moreover, if the private wiring and/or private equipment causes a fault to our Public Switched Telephone Network, you must pay all expenses that we have incurred (including work done and visits) in order to remedy the fault.

10. Limitations on the use of the Service

10.1. You shall not, and shall not allow any other person to, misuse the Service or the Public Switched Telephone Network.

10.2. If we have reasonable cause to believe that the provisions of the previous paragraph are being contravened, we may suspend or terminate the relative Service with immediate effect, and we may also remove the Installation without giving prior notice, and this without prejudice to any civil and/or criminal proceedings which may be taken against you and/or the person or persons concerned under any law.

11. Rent and/or Charges

11.1. You are bound to pay rent and/or charges for any other specific service/s, facilities, including support and maintenance services , at the applicable Charges specified in the Price List.

11.2. The rent must be paid from the day of Installation of the Service.

11.3. When the Installation includes any apparatus or facility which we do not normally provide and for which no rent is fixed in the Price List, we have the right to fix such rent as we consider
reasonable and appropriate in each case.

11.4. For the purposes of this Clause, you agree that our records shall be sufficient and conclusive proof of the date/s on which the Installation was made and/or completed.

11.5. Rent shall continue to be payable notwithstanding any interruption or suspension or restriction of the Service, irrespective of the cause, and you are never entitled to any refund of any rent paid or to any remission of rent in case of such interruption or suspension or restriction of the Service.

12. Charges for Business and Residential Rents

12.1. You must use the Service solely for the purposes stated in your Application, namely for the transmission and reception of electronic communications for residential or business purposes, as applicable.

12.2. Two different rates of rents are payable for Exchange Lines, namely the business rate and the residential rate, as may be applicable and as specified in the Price List.

12.3. The business rate shall apply –

12.3.1. where the premises in which the Service or any extension is installed is used otherwise than for residential purposes; 12.3.2. where the telephone number is used on business stationery, literature, advertisements and/or communications.

12.4. Nevertheless, if the Service is installed in your ordinary residence, you may ask us in writing to allow you to use the telephone number of your ordinary residence in business stationery, literature, advertisements and/or communications in connection with a business activity being carried out by you. The Charge for the said concession is that prescribed in the Price List. You are only eligible to make a request under this paragraph if your ordinary residence is not the sole or main place from which you carry out your business.

12.5. The residential rate shall apply where your premises are wholly used for residential purposes and are not connected by an extension with any other premises which are used or are likely to be used otherwise than for residential purposes.

12.6. Notwithstanding the provisions of the previous paragraph, if you lease the premises in which the Service or extension is installed and, saving any other provision of this Agreement, you retain the Service in your own name, the business rate shall then apply.

12.7. We may also in our sole discretion apply the residential rate in the case of Subscribers who are institutions, associations or organisations of a purely social welfare, benevolent or charitable nature, and provided such institutions, associations and organisations are also listed as tax exempt institutions in Legal Notice 182 of 1991, issued under the Income Tax Act 1949 (Cap. 123 of the Laws of Malta), as such legal notice may be amended from time to time.

12.8. Where, in consideration of a change in circumstances, an Exchange Line which is charged the residential rate of rent requires to be charged the business rate of rent, or vice versa, in accordance with the previous paragraphs of this Clause, you must immediately notify us in writing and make the required arrangements as may be requested. Moreover, if you wish to change an Exchange Line which is charged the business rate of rent to an Exchange Line which is charged the residential rate of rent, you are also required to confirm on oath by means of an affidavit that the premises in which the Service is installed is now wholly used for residential purposes and/or is no longer connected by an extension with any other premises which are
used or are likely to be used otherwise than for residential purposes.

12.9. If you are in breach of the provisions of this Clause, we reserve the right to disconnect the Service without notice.

12.10. If we disconnect the Service due to your failure to abide by the provisions of this Clause, we shall not reconnect the Service before you make the required arrangements as are acceptable to us and, moreover, you pay such Charge for reconnection as is prescribed in the Price List.

12.11. For any Internal Extension there shall be paid the rent specified in the Price List. Where an Internal Extension is installed in a part of any premises, flat, office or other place of work which is separately let or sublet to any person other than yourself, the relative rate of rent established in the Price List for a business telephone line must be paid.

13. Call Charges

13.1. For each call made by one person to another there shall be paid the Charges specified in the Price List, as may be applicable.

13.2. Charges in the Price List do not include Charges for calls for premium rate services and/or special services such as, for example televoting, donations and information services. We shall determine separate Charges for such premium rate services and/or special services.

13.3. The chargeable time for each call shall commence when the called person’s answer condition is transmitted to the Public Switched Telephone Network.

14. Telephone Bills

14.1. We will normally send a telephone bill and a statement of your account on a regular basis, at every month or two months. Your bill will include:

14.1.1. Charges for calls effected during a specified period bundled together and separated into different categories depending on the type of calls being made;

14.1.2. Rent Charges for your telephone line covering an indicated period;

14.1.3. Charges for any works performed in relation to your Installation upon your request such as connection Charges, if any;

14.1.4. Charges for any additional facilities or services provided on your Installation upon your request, such as the provision of Star Services.

14.2. You may also opt to receive your bill only through My GO. In this case you will receive an e-mail informing you that the bill is available for access through your My GO service. Thus instead of receiving the bill in the conventional manner, that is, by post, you will be accessing your bill through My GO.

14.3. Calls which are free of charge, including calls to help lines, but excluding the free pulses contemplated in the Price List, are not identified in your bill.

14.4. If you pay your bill within the time-limit stipulated in any bill or notice you may be entitled to a discount on the bill as stipulated in the same Price List.

14.5. You may request an up-to-date bill whenever the need arises, free of charge. This provisional bill covers all Charges, including rent. The information provided in the provisional bill is subject to correction.

14.6. You can also request an itemised telephone bill, listing the different types of calls which have been made, and indicating the date and number called, the time, duration and Charge of
each call.

14.7. In order to receive such itemised telephone bill free of charge, you can choose one of the following methods:

14.7.1. You may subscribe to our My GO! service, which enables you access to download your itemised bills through the internet;

14.7.2. You may request to receive the itemised bill in PDF format in the email address indicated in the Application, or in any other e-mail address, as you may subsequently notify us;

14.7.3. You may request to receive the itemised bill through a printed copy.

14.8. The itemised bill referred to in the preceding paragraph includes calls made towards the Premium Rate numbers, but not calls to fixed lines incurring a Charge equal to or less than the minimum Charge for these calls. We reserve the right to levy a Charge for such additional itemisation.

15. Method of Payment of Bills

15.1. We reserve the right to establish the method of payment of bills from time to time. The method of payment shall be stated in the bill.

15.2. When allowed as a method of payment in the bill, all cheques must be made payable to GO plc

16. Telephone Billing Enquiries

16.1. If there is anything you do not understand or you wish to dispute in your bill you should first contact our Billing Enquiries Section on 8007 2121 during normal business hours. Always have the bill and the telephone number about which you are enquiring at hand.

16.2. If you are questioning the bill or any part thereof, the relevant entries in the bill will be re-checked with our official billing records. If any errors are found, these will be corrected accordingly; otherwise you will be requested to pay your bill as issued after we provide you with any necessary explanations in regard to its contents.

16.3. Enquiries concerning Billing contestations and payment programmes are to be made by phoning on 8007 2121.

16.4. If you are still not satisfied, you will be offered the option of lodging a contestation. You are allowed to contest the latest telephone bill issued and the contestation must be recorded with us within fifteen (15) days from the date of the postmark on the same bill.

16.5. As far as possible we will try to settle all billing contestations by the cycle of telephone bills subsequent to that relating to the contested bill.

17. Default in Payment of Telephone Bills

17.1. Bills should be paid within the time prescribed therein. If you fail to pay the bill within such time, you will receive a notice warning you that your Service will be restricted for non-payment. It is in your interest to regulate your position immediately. Call or visit our customer care representative at your nearest GO branch to effect payment.

17.2. Failure on your part to pay any amount due to us within the time given in any bill or notice, will entitle us to levy an additional Charge for late payment in the first bill which shows arrears, as stipulated in the Price List. Interest at the maximum rate allowed by law, currently eight percent (8%) per annum, will commence to run and accrue against you on the arrears
indicated in the bill or any balance thereof, if payment is not effected by the tenth (10th) day following the last day on which payment should have been made as prescribed on the bill that shows arrears. Interest will continue to run and accrue on arrears until payment is effected.

17.3. If payment is still not effected, we will restrict, disconnect and eventually remove your Service. Prior to suspension and/or termination of the Service, GO shall endeavour to notify the Subscriber. This notwithstanding, in the event of persistent non-payment for the Service, GO reserves the right to disconnect the Service without notice.

17.4. Failure on your part to pay any amount due within the time given in any bill or notice may also entail the disconnection and removal of any other Service registered in your name.

17.5. Failure on your part to pay any amount due to us within the time given in any bill or notice, will entitle us, in our sole discretion, to give your details to one or more credit reference agencies, their members and any third party to whom GO is obliged or authorised to transfer such credit-related data by or under any law.

17.6. If you are questioning the bill and we are still investigating, and provided you have paid us the amount of your bill which is not in dispute, we will not disconnect your Service, or divulge your details to any credit reference agency, its members or other legally authorised third party, before you are notified of our conclusion on the issue and you subsequently fail to pay any such amount due.

18. Reconnecting your Service

18.1. Where the Service is disconnected owing to a breach by you of these Conditions, reconnection shall not be made before you regularise your position in accordance with these Conditions and fulfill your obligations hereunder, including your obligation to pay the relative Charge for reconnection as is prescribed in the Price List.

19. Special Schemes

19.1. Nothing contained in these Conditions shall prevent us from introducing from time to time, and under such terms and conditions as we may consider appropriate, any special incentive schemes, including any discount schemes to incentive increased use of the Service or to encourage early settlement of the relative bills, or any other special schemes for any reason which we deem opportune and, in a like manner, nothing shall prevent us from withdrawing any such scheme or amending any of the terms and conditions thereof at any time that this may be considered necessary or expedient.

20. Our rights in certain cases

20.1. Saving any other power or right, we may, after giving you notice:

20.1.1. disconnect any Installation from one Telephone Exchange and connect it with any other Telephone Exchange;

20.1.2. make any alteration in the Installation;

20.1.3. replace or alter your telephone number and

20.1.4. use any part or parts of an Installation allotted to you under these Conditions for any other purpose, including the provision of Service to other persons either by means of an extension or by any other means.

20.2. You consent to and agree that any officer or agent of ours shall be entitled, at all
reasonable times, to enter your premises or any other premises to which the Installation may be connected, for the purpose of constructing, inspecting, maintaining, altering or removing the Installation or any part thereof, and to have access at all reasonable times to all such parts of the Installation as may be in or on your premises or in any other premises previously referred to.

20.3. Before entering into any premises for the above purposes, our officer or agent shall, on your demand, produce a duly authenticated document showing his identity and authority.

21. Subcontracting and Assignment by Us

21.1. We may in our discretion sub-contract our rights and/or obligations under this Agreement, in whole or in part, to any subsidiary, associated and/or related company of ours. This will not affect our liability towards you.

21.2. If we need to assign our rights or obligations under this Agreement we shall notify you in writing and you agree that your failure to object to such assignment by writing to us within three (3) Working Days from receipt of our notification shall constitute your consent to such assignment.

22. Call Monitoring

22.1. We may occasionally monitor and record calls made to or by us relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services, including complaint handling.

23. Faults in the Installation provided by Us or in our Network

23.1. Subject to what is stated in Clause 8, all faults are to be reported immediately using our Computerised Telephone Fault Report Service (by dialling Free call 133) or by sending an e-mail through our My GO! service.

23.2. We will not investigate faults which are not reported by using either of the methods stipulated in the previous paragraph.

23.3. Before reporting any fault, you must ascertain that the fault does not originate from your private equipment and/or privately installed internal wiring. If you fail to do so, and after we investigate the fault it results that the fault originates from your private equipment and/or privately installed internal wiring, you must pay for all expenses we would have incurred (including work done and visits).

23.4. Fault repairs are normally carried out on Working Days and during normal working hours.

23.5. If you ask us to carry out work to remedy any fault in a Service outside normal working hours, and we accept to do so, you must pay a Charge established by us which covers all extra costs incurred on the actual work performed outside normal working hours.

23.6. When a fault is reported, we will try to establish the location of the fault by testing the line from the Telephone Exchange to your premises. If the cause for the fault is beyond our control, we will inform you on your contact number or by mail. Major faults affecting large areas will be publicised in the media.

23.7. Faults in our wiring, cabling or other equipment and installed in your premises may require a technician’s visit, in which case we will endeavour to visit you at mutually convenient times.

23.8. Although we will try to respond to a fault report within the given time scales, matters beyond our control may prevent us from actually correcting the fault within that period.

23.9. Occasionally, faults or disruption of a Service may result from matters beyond our control. Although we will try to repair such disruptions as quickly as possible, faults arising from matters beyond our control are not entitled to claim compensation.

23.10. You are also not entitled to claim compensation:

23.10.1. if we are hampered from repairing the fault as a result of extensive damage to our Public Switched Telephone Network caused by factors outside our control such as abnormal adverse weather conditions;

23.10.2. if you can still make and receive calls on your line in spite of the fault;

23.10.3. if our equipment and/or wiring has been tampered with.

23.11. Our fault repair guarantee covers only our Public Switched Telephone Network up to the master socket and extensions included in the rent of your telephone line.

23.12. Faults arising in any private equipment and/or privately installed internal wiring will have to be rectified by yourself or by third parties acting on your behalf and at your expense.

23.13. We will not clear any fault in the wiring or the terminal equipment not owned by us.

23.14 In certain cases, the Subscriber may be entitled to compensation for the loss of Service. Further details on the circumstances entitling the Subscriber to compensation and on the maximum amount to which he is entitled are available in the Help & Support section on GO’s Website at GO website. A printed copy may also be obtained from one of GO’s Retail Outlets.

23.15 The minimum Service availability on GO’s Network over a one year period, excluding Force Majeure cases and/or faults attributable to the Subscriber and/or other third parties, is 99%. In case of full service unavailability of GO’s Network for reasons not attributable to Force Majeure, the Subscriber and/or other third parties, a maximum repair time of 4 Working Days applies from date fault is reported and subject that customer accepts the first available appointment.

23.16 These timelines do not apply to any damages and/or faults to the Subscriber’s Equipment. The Subscriber agrees to adhere to any reasonable instructions issued by GO in order to facilitate Service restoration. Where such instructions are not adhered to, the Subscriber acknowledges that GO may not be able to adhere to these timelines.

24. Our Liability

24.1. We will not be liable towards you if we cannot meet any of our obligations under these Conditions because of force majeure, that is because of something beyond our control such as lightning, flood or exceptionally severe weather, fire or explosion, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees), acts or omissions of persons or bodies for whom we are not responsible and any cause originating from you as a Subscriber or because of any other thing beyond our control.

25. Period of Agreement of a Service

25.1. The Agreement for the provision of a Service shall commence on the day the Application is accepted by us and unless previously terminated in accordance with these Conditions, it shall continue into force for an initial period of six (6) months, and shall remain in force indefinitely thereafter unless and until it is terminated by either party after giving at least fifteen (15) days written notice to the other party. If the Customer terminates the Agreement prior to the lapse of the contracted period, a penalty equivalent to the sum of the remaining periodic fees shall apply.

25.2. We may also consider an Application for the provision of a Service for a temporary period being a period shorter than six (6) months, in which case the relative Agreement shall not extend beyond the maximum duration of six (6) months.

25.3. The Charges applicable in respect of the provision of a Service for a temporary period not exceeding six (6) months shall be those specified in the Price List.

26. Temporary disconnection of Service

26.1. You may request us to temporarily disconnect the Service for a maximum period of nine (9) months and subject to the condition that you shall pay the Charges for disconnection and reconnection specified in the Price List.

26.2. Moreover your request for a temporary disconnection of Service will only be acceded to, if together with your request you pay all pending Charges on the Service as well as pay in advance the rent which will be due throughout the period of temporary disconnection requested.

27. Assignment of Service by Yourself

27.1. Except with our written consent you shall not assign, dispose of, or part with, the Service provided to you under this Agreement, or assign or dispose of, or part with, any benefit or advantage under this Agreement.

28. Cancellation of Service before it is provided

28.1. If you apply for a Service and then do not wish, or you are not in a position, to have the Service installed, we have the right to charge the applicable rent in terms of the Price List from a specified date after the date on which Installation of the Service could be carried out by us, unless and until you notify us in writing that you wish to cancel the Application.

29. Application for Removal, Disconnection, Change of Ownership, Shifting of Service, Location Portability or Change of the Telephone Number

29.1. If you wish to have the Service removed or disconnected or you wish to have Location
Portability, or wish to shift the Service from one place to another within the same premises or wish to change your telephone number, you must notify us by sending us a duly completed application form and pay the appropriate Charges indicated in the Price List. In the case of a request for Location Portability, you can also apply through the My GO! service.

29.2. If you wish to transfer the Service to a third party, an application form must be duly completed by both of you, and such third party must also undertake to pay the relative Charges indicated in the Price List. We will only allow such person to retain the Service, if apart from the relative Charges indicated in the Price List, either of you also pays all pending dues relative to that particular Service.

29.3. The provisions of paragraphs 3.2 till paragraph 3.9, and where applicable the provisions of clause 5, shall also apply to the applications mentioned in the last two preceding paragraphs.

29.4. In the case of an application for disconnection, this is also subject to clause 25.

29.5. Notwithstanding the provisions of the previous paragraphs, where an existing Service consists of an Exchange Line (main line) and Internal Extension/s, the new Subscriber must pay the particular relative Charge specified in the Price List instead of the normal connection Charges.

30. Termination

30.1. In addition to any other rights of termination, suspension, withdrawal or restriction of Service contained in these Conditions, we may terminate, suspend, withdraw or restrict access to or use of your Service, in whole or in part, if there are valid reasons for doing so, including but not limited to:

30.1.1. where it is necessary for our or your protection or security;

30.1.2. changes in market conditions and in the general practice of other organisations offering similar services;

30.1.3. changes in the law and/or a decision or recommendation of a court, tribunal, regulator, or similar body;

30.1.4. repair, maintenance and/or upgrade work, changes in technology or the introduction of new or improved systems, methods of operation, services or facilities;

30.1.5. reasons beyond our control;

30.1.6. if you have breached these Conditions

30.2. In the circumstances contemplated in this Clause, we will give you reasonable notice of termination.

30.3. Upon termination for whatever reason contemplated in these Conditions, you shall immediately pay us any outstanding Charges due.

30.4. Our rights under this Clause shall be without prejudice to any civil or criminal proceedings which may be taken under any law against you or against the person or persons concerned.

30.5. Nothing allowed or done under these Conditions shall prejudice our right to collect any money due by you or by any other person under these Conditions.

30.6 The maximum time for termination of the Service upon customer request shall not exceed fifteen (15) Working Days from receipt of a written notification from the Subscriber, subject to there being no other impediment (such as missing details on the written notification or pending payments) that may hinder the processing of the request for termination. When the Subscriber adheres to the termination process specified in the Agreement, the Subscriber shall not be
liable to pay for Service usage after the termination notice lapses.

30.7 If the Subscriber believes that the Service provided deviates from the contracted Service, the Subscriber may contact GO as per clause 23. If after due investigation it results that GO cannot provide the Service, the Subscriber shall have the right to rescind the contract without incurring any penalty charges.

31. Information about our Operator Services

31.1. Our Call Centre is available twenty-four (24) hours a day, seven (7) days a week.

31.2. For directory information you may refer to the Directory Enquiries Service by dialing 1182 for assistance regarding local telephone numbers and 1152 for assistance regarding overseas telephone numbers.

31.3. The Charges stipulated in the Price List must be paid for all calls to the 1182 Directory Enquiries Service and to the 1152 Overseas Operator Assistance Service.

31.4. Our 1152 Overseas Operator Assistance Service offers directory information for worldwide telephone numbers. Whilst we will make every effort to help you find the overseas telephone number you request, we cannot guarantee that we will manage to provide you with such requested number in all cases.

31.5. Our Overseas Operator Assistance Service can also help you if you wish to make an overseas call through our Overseas Operator Service, as stipulated in the Clauses below. This service is offered for calls that you may wish to make to any country in the world. You may reach this service by dialing 1152. Kindly note that this service may not be available from payphones and from public communications networks of other undertakings.

32. Overseas Operator Assistance Telephone Service

32.1. Apart from the normal Charge stipulated in the Price List for calls to the 1152 Overseas Operator Assistance Service, you will also be charged the Charges set out in the Price List for all Overseas Operator-Assisted Telephone Calls.

32.2. The minimum Charges, as laid down in the Price List, shall apply for the first three (3) minutes of communication time, after which each minute (complete or incomplete) will be charged for separately at one-third of the appropriate rate. The Charges will commence as specified in clause 34.

32.3. A person booking a call to one of the countries which are named in the Price List may specify that the Charge for the call shall be paid by the person called, provided the person called agrees to pay the Charge for the call. If the call is not established in circumstances which would normally attract a personal Charge, the person booking the call shall pay the personal Charge specified in the Price List for calls to that country, – apart from the Charge for the Overseas Operator Assistance Service.

32.4. If you wish to make use of this service you must dial 1152 and ask for ‘Overseas Operator-Assisted Telephone Service’. When booking a call, you should provide the operator with both your name and telephone number, as well as the name and telephone number of the person whom you wish to call as the same appears in the telephone directory.

32.5. Calls may be booked at any time during the day and night, seven (7) days a week.

32.6. When booking a call you should specify the date and time at which you wish the call to
mature and also its probable duration. Every effort will be made to arrange the call as required, but no guarantee can be given that a call will mature precisely at a given time.

33. Types of Overseas Operator-Assisted Telephone Calls

33.1. Overseas operator-assisted telephone calls may be either ordinary calls or person-to- person calls.

33.2. An ordinary call is a call directed to a specified telephone, in which case only the telephone number required should be given.

33.3. A person-to-person call is a call directed from a particular person to a particular person. In this case you must provide your name as well as the name of the person required. In addition, the telephone number of the person required and, if possible, the name associated with that number in the telephone directory, should be given. Where the overseas telephone number is not known by you, we will make an effort to trace it if the name and address of the person required is given.

33.4. In the case of a person-to-person call, in addition to the person required, you may specify an acceptable substitute to be connected in case the first named person is found to be unavailable, or you may specify an alternative telephone number at which the required person may be found. Instead of by name, the person or persons required may be specified by a functional title, or a particular department may be indicated.

33.5. In the case of a person-to-person call, a correspondence reference number may be quoted, or you may ask to be connected with someone who talks a particular language; or someone who can discuss some particular business. If necessary for the success of the call, a brief indication of the business to be discussed may be given in addition to the other particulars.

33.6. In the case of a person-to-person call, every endeavour will be made to obtain the person required, or the named substitute, whether at the specified telephone or at some other telephone.

33.7. The relative Charges for an Overseas Operator-Assisted person-to-person call and for an Overseas Operator-Assisted ordinary call are those specified in the Price List.

33.8. If a person-to-person call does not mature because the required person or designated substitute is unobtainable or because you are not available at the appointed time, there shall be paid the Charge specified in the Price List according to the type of call – apart from the Charge for the Overseas Operator Assistance Service.

34. Other Conditions concerning Overseas Operator-assisted Telephone Calls

34.1. Calls booked can be cancelled without Charge, other than the report Charge or personal Charge, as the case may be, where applicable.

34.2. Calls are timed as follows:

34.2.1. ordinary calls are timed as from the moment when your telephone is placed in communication with the called telephone, and

34.2.2. person-to-person calls are timed as from the moment when you are put into communication with the called person or an acceptable substitute.

34.3. You may end or extend the call as you wish, without being specifically asked at any time by the operator whether you desire an extension.

34.4. The Charge for the call is that appropriate to the net effective period during which the connection is held at your disposal, that is, the total time reduced by any allowance in respect of interruption of the telephonic connection, subject to the minimum Charge for three (3) minutes’ communication time.

34.5. You may also request the facility of a limited duration call. By means of this facility you may ask at the time of booking for the call to be limited to a specified number of minutes equal to or in excess of a minimum of three (3) minutes, and we will terminate the connection as soon as you have had the specified period of effective conversation. If you do not fully use the specified time for which you have asked, you will be charged only for the effective number of minutes actually used, subject to the usual minimum of three (3) minutes communication time. 34.6. In the case of person-to-person calls, the called person will receive notification that he is required. If the person designated is not available at the telephone number called, the person answering the preliminary call should, if possible, indicate where the person required is likely to be found and give any particulars which may enable the call to be completed to the person desired, either at the called telephone at some other time, or at another telephone.

35. Our Directory Information Service

35.1. We can put your name, address and telephone number for the Service in all versions of our directory information service, namely the printed version, the electronic versions and the directory enquiry service (1182) (as described below).

35.2. However we will not do so if you ask us not to in the Application (i.e. you request to be ex-directory). If you exercise this option your details will not appear in any version of the directory, and your number will not appear on any calling line display screen that any third party whom you call may have.

35.3. If you indicate in your Application that you wish to have a directory entry and then at any time in future you wish to remove such details from our directory database, kindly fill in our ex-directory application form and send it to us. If you exercise this option, your request will be reflected in the next up-date or next version of the relative directory information service as may be applicable.

35.4. We have a legal obligation to share our directory information database covering our listed Subscribers with other undertakings providing publicly available communications services in Malta. This means that any person calling the directory enquiries service of other operators will be able to request assistance regarding your GO telephone number in the same way as a person calling our Directory Enquiries Service (1182) may obtain such information. You may not opt out of such sharing system if you wish to retain your details in our directory information service. If you do not wish to have your details shared by us with other operators in this manner, you should request us not to include your details or to remove the same from our directory information database, in which case your details will not appear in any version of the directory.

35.5. If you choose to be ex-directory, your number will not be given out to anyone by our Directory Enquiries Service – not even to family and friends. However we have a legal obligation to pass on your details to the emergency services if you dial 112 (the European emergency number). We will also divulge your details to the competent authorities whenever we are authorised or obliged to do so by or under any law.

36. The Printed Version of the Directory

36.1. The purpose of the printed version of the directory is to help you to find the telephone number or the fax number of another subscriber of ours, by looking up his name and address.

36.2. If you wish to have your details mentioned in Clause

35.1 above to be listed in the printed directory, kindly indicate in the Application the manner in which you would like such details to be listed.

36.3. We would like to remind you that you are entitled to a single free entry in the directory database for each direct telephone line registered in your name.

36.4. Certain additional particulars, descriptive of academic qualifications, professions, etc. may be added free of charge to your entry. This entry must not contain any advertising matter, and must not exceed the space determined by us in our discretion. We reserve the right not to include such additional particulars as requested, if it appears that the academic qualifications, professions etc. do not officially exist.

37. The Electronic Versions of the Directory: Is the on-line version – the GO on-Line Telephone Directory

37.1. Your directory entry details will also be reproduced in our on-line directory, which is called the GO on-Line Telephone Directory, and which can be accessed through the Internet (see our website at GO website).

37.2. Our electronic versions of the directory, which also serve the purpose of enabling you to find the telephone number or the fax number of another subscriber of ours, make use of various search functions that allow any person to carry out searches for your details as our Subscriber in a number of ways.

37.3. Besides the facility of searching for your telephone number by entering your surname, our electronic versions of the directory allow any person to enter your telephone number in order to discover your identity, and the details as shown in the printed version of the directory. This method of searching is known as Reverse Directory Search.

37.4. Our electronic versions also enable searching by multiple criteria, which allows a person to search for your entry in our electronic versions of the directory by entering any detail contained in your directory entry, such as the street in which you live.

37.5. If you would like your details to be included in our electronic versions of directory but you do not wish such details to be made available by Reverse Directory Search, kindly indicate your wish in the Application.

37.6. If in the Application you indicated that you wanted your details to be made available by Reverse Directory Search, but in the future you decide that although you want your details to be included in our electronic versions of directory, you no longer wish such details to be made available by Reverse Directory Search, simply dial 21 494 847 from the same telephone line that you are requesting to be omitted from the Reverse Directory Search mechanism. When you so opt out of the Reverse Directory Search, your telephone number cannot be used to generate your name and address, although your directory entry will remain in the electronic versions of the directory and will be made available upon a search being carried out using your surname, name, street name or town as the search criterion.

37.7. Any requests to opt out of the Reverse Directory Search mechanism will be reflected in the next monthly up-date of the GO on-Line Telephone Directory.

37.8. If you request to opt out of the Reverse Directory Search mechanism of the GO on-Line Telephone Directory, but in the future decide to opt in again, you may do so by dialling 21 494 840.

38. The Directory Enquiries Service – 1182 38.1. Your directory entry details will also be reproduced in our Directory Enquirie Service – 1182. 38.2. The public can avail itself of this service twenty-four (24) hours a day, seven (7) days a week, by dialling 1182 for assistance regarding local telephone numbers. We will normally ask you to give a name and locality to help locate the number, but we may ask for further information in order to identify the proper requested telephone number. We cannot provide you with a name and address for a given telephone number. 38.3. The Charge stipulated in the Price List must be paid for all calls to the 1182 Directory Enquiries Service.

39. Errors in our Directory Information Database

39.1. We try to ensure that our directory information database is accurate. If despite our efforts, your entry is omitted from the database or is wrong, you should contact us as soon as possible.

39.2. We cannot reprint the printed version of the directory, but we will try to help by suggesting ways to overcome any problems.

39.3. Our liability for incorrect entries is limited to what is stated in the preceding paragraph. We do not assume any other responsibility whatsoever for errors or omissions, and no claims for compensation will be entertained.

40. Use of your Information for billing purposes

40.1. We process the traffic data relating to you mentioned hereunder to collect payment from you as provided in these Conditions and in the Price List, as well as to collect payment from other undertakings providing publicly available electronic communications services for interconnection services provided by us or vice versa.

40.2. The types of traffic data processed for the purposes contemplated in the previous paragraph are the following: calling telephone number, called telephone number, date, time, duration, the relevant call Charge and size of bill.

40.3. The types of traffic data listed in the previous paragraph will continue to be processed up to the end of the period during which our bill to you and/ or to other undertakings providing publicly available electronic communications services may lawfully be challenged or payment pursued. \

41. Use of your information to market our own electronic communications services and/or provide you with value added services 41.1. We will also use the information we have or which we may obtain about you (for example name, address, age, gender, profession or trade etc.) and your use of the Service, including traffic data mentioned in clause 40.2 relating to you, to assist us to further develop, improve and market our own electronic communications services and/or to provide you with value added services. This allows us to better devise and inform you about products, services, pricing packages and special offers which we provide and which we believe may be of interest you.

41.2. For the purposes of this Clause, the traffic data relating to you mentioned in Clause 40.2 will be processed for a period of one (1) calendar year from the date of its generation.

41.3. If you do not wish us to process your personal information for purposes concerning marketing of our services and/or the provision of value added services, kindly indicate your wish in the Application.

41.4. If the Application you filled in did not require you to indicate your wish as to the processing or otherwise of your personal information for purposes concerning marketing of our services and/or the provision of value added services, you are deemed to consent to such processing by continuing using the Service and remaining our Subscriber.

41.5. If at any time in the future, you would like to withdraw your consent to the processing of your personal information for purposes concerning marketing of our services and/or the provision of value added services, kindly send us a written request to this effect to GO p.l.c., Fra Diegu Street, Marsa, MRS 1501, Malta.

42. Processing of Location Data relating to you 42.1. We reserve the right to also process location data concerning you, that is information regarding the premises from where you are using the Service, provided that we will only do so after having made such location data anonymous.

43. Direct Marketing

43.1. We would also like to process the personal information which we have or may in the future have about you, (for example name, address, age, gender, profession or trade etc.) and your use of the Service, excluding traffic data mentioned in Clause 43.2 relating to you, for purposes concerning direct marketing, that is to inform you, by mail, telephone, automatic calling machines, fax, e-mail, short messaging service (sms) or other electronic means, about products and services provided by us or by selected third parties, which may be of interest to you.

43.2. We would also like to process the traffic data mentioned in clause 40.2 relating to you, for purposes concerning direct marketing, that is to inform you, by mail, telephone, automatic calling machines, fax, e-mail, short messaging service (sms) or other electronic means, about products and services provided by us, which may be of interest to you.

43.3. If you do not wish us to process your personal information for purposes concerning direct marketing, kindly indicate your wish in the Application.

43.4. If the Application you filled in did not require you to indicate your wish as to the processing or otherwise of your personal information for purposes concerning direct marketing, you are deemed to consent to such processing by continuing using the Service and remaining our Subscriber.

43.5. If at any time in the future you would like to withdraw your consent to the processing of your personal information for purposes concerning direct marketing, kindly send us a written request to this effect to GO p.l.c., Fra Diegu Street, Marsa, MRS 1501, Malta.

44. Use of your contact details

44.1. We are entitled to use all the contact details which you have given us (including your telephone number, address, fax number, mobile number, and/or e-mail address) in order to
communicate with you on any issue concerning the Service, other than direct marketing as contemplated in clause 43.

44.2. You also consent that we are entitled to use all the aforesaid contact details in order to prevent and detect fraud and in order to protect ourselves against current and/or future loss of revenue.

45. Disclosure of Personal Information to Third Parties

45.1. We may sub-contract to any of our subsidiary companies certain aspects of the Service or engage such subsidiary companies and/or other entities to provide services to us. In such cases, we share the personal information, including the traffic data, relating to you, with such companies and/or entities.

45.2. You acknowledge and agree that we may share the personal information, including traffic data, relating to you with our subsidiary companies and/or reputable market research entities, who are engaged by us to assist us to further develop and improve the Service and develop and improve value added services to you.

45.3. You also agree that we may in our discretion disclose all or any of your contact details to any of our subsidiaries and/or reputable marketing research entities, in order to enable them to communicate with you via these contact details, on any issue concerning the Service.

45.4. We undertake that these subsidiary companies and entities can only process your personal information according to the instructions which we give them, may only do things with your personal information which we are entitled to do, and may only act on our behalf. In addition they are required to meet the requirements of the data protection legislation to keep the information secure.

46. Access to Information

46.1. You have the right to request us to inform you about the personal information which we hold about you and to request its correction, if necessary, by sending us a written request to this effect to GO p.l.c., Fra Diegu Street, Marsa, MRS 1501, Malta.

47. Calling and Connected Line Identification Facilities

47.1. Unless you have opted to be ex-directory or you request the privacy option indicated further below in this Clause, any and all persons whom you may call will be able to view your telephone number on their own telephone equipment if the called party has requested the activation of the Calling Line Identification Presentation (“CLIP”) as explained in this clause.

47.2. If you wish to prevent the display of your telephone number to all persons you call (Calling Line Identification Restriction or “CLIR”):

47.2.1. Lift handset

47.2.2. Dial *31#

47.2.3. Hear confirmation tone

47.2.4. Put down the handset

47.2.5. From now onwards your number will not be displayed until CLIR is deactivated.

47.3. To deactivate CLIR (to enable your number to be displayed on the telephone equipment of the person whom you are calling):

47.3.1. Lift handset

47.3.2. Dial #31#

47.3.3. Hear confirmation

47.3.4. Put down the handset

47.3.5. From now onwards your number will be displayed to the called party for all your calls until CLIR is activated again.

47.4. To verify whether CLIR is activated or deactivated:

47.4.1. Lift handset

47.4.2. Dial *#31#

47.4.3. If the service is activated you will hear the message “Your specified service is activated”

47.4.4. If the service is not activated you will hear a fast busy tone

47.4.5. Put down the handset.

47.4.6. CLIR will remain activated for all calls until you deactivate CLIR again.

47.5. The activation, deactivation and verification of CLIR are free of charge.

47.6. If you wish to view and record the telephone numbers of all incoming calls on your telephone set, simply dial 8007 2121 to request the activation of the facility of Calling Line Identification Presentation (“CLIP”). The activation of the facility will only function if your telephone set is equipped with CLI-viewing technology.

47.7. If you no longer wish to view and record the telephone numbers of all incoming calls on your telephone set, simply dial 8007 2121 to request the de-activation of the facility.

47.8. The activation and de-activation of CLIP is free of charge.

48. Notices

48.1. Any notice required to be given to you under these Conditions must be in writing and shall be considered as validly given if:

48.1.1. sent by personal delivery; or

48.1.2. sent by e-mail to the e-mail address indicated by you; or

48.1.3. given by the normal posting of a pre-paid letter to your address indicated in the Application, or your address as subsequently notified by you to us, at your address as recorded in the most recent Electoral Register published in Malta, or in any other official documentation.

48.2. It is therefore your responsibility to inform us immediately of any error or alteration in the address given, or in the event that you do not receive a telephone bill. In this regard contact our Customer Care Unit on 8007 2121 or write to us at the following address: GO p.l.c., Fra Diegu Street, Marsa, MRS 1501, Malta.

48.3. Any notice required to be given by you to us shall be considered as validly given if:

48.3.1. it is delivered personally; or

48.3.2. sent by registered mail to: GO plc

48.3.3. Fra Diegu Street, Marsa, MRS 1501, Malta.

48.3.4. Or at: P.O. Box 14, Victoria VCT 1000, Gozo.

48.4. Unless otherwise proven, and unless otherwise provided in the Agreement, any such notice shall be deemed to have been received as follows:

48.4.1. in the case of personal delivery, upon delivery;

48.4.2. in the case where it is sent by e-mail, upon receipt in terms of the Electronic Commerce Act, Cap. 426 of the Laws of Malta;

48.4.3. in the case where it is sent by registered mail, on the date indicated in the Advised
Return (AR) Card as the date on which delivery was effected;

48.4.4. in the case where it is sent to us by normal mail, on the third Working Day after posting.

49. Complaints

49.1. Though we try to give high quality service, things can sometimes go wrong. When they do, we want to make sure that your complaint is seen to as soon as possible. Depending on the complaint, contact GO’s Customer Experience by sending an e-mail to customercare@goplus.com or by calling 8007 2121. You may also call personally at any one of our branches or write to us at GO p.l.c., Fra Diegu Street, Marsa, MRS 1501, Malta. or fax us on 2594 5895.

49.2. If you lodge your complaint in writing please provide us with a brief explanation of your complaint so that we may immediately identify the section responsible for handling your complaint and attend to it accordingly.

49.3. For billing enquiries or complaints procedures please refer to Clause 16.

49.4. Faults are to be reported as indicated in Clause 23.

49.5. We will endeavour to resolve your complaint promptly unless it is necessary to refer it to the appropriate department.

49.6. Once we start our investigations, we will keep you informed of the progress made in resolving your complaint. If we cannot clear your complaint after your initial call, we will contact you to keep you informed of the steps we subsequently decide to take.

49.7. If your complaint is made by letter to the address given in Clause 48.3, or faxed on 2594 5895, we will acknowledge receipt in writing within ten (10) Working Days and respond with a remedy or information on how your complaint is being resolved.

49.8. We will endeavour to ensure that either your complaint has been satisfactorily resolved or else that no further action by us is appropriate.

49.9 Further detail on how to lodge a complaint can be obtained from our Help & Support section on GO’s Website at GO website. A printed copy may also be obtained from one of GO’s Retail Outlets.

50. Severance and Waiver

50.1. Each of the provisions of these Conditions is severable from the others, and if at any time any one or more of such provisions, is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired.

50.2. No time or indulgence which we may extend to you or any waiver by us of any breach by you of any provision of these Conditions shall affect our rights and powers hereunder.

51. Changes to these Conditions and to the Price List

51.1. We may change these Conditions and the Price List at any time in our sole discretion, provided that we will give you thirty (30) days notice prior to the taking effect of any such changes.

51.2. If you do not want to accept the proposed changes you must, within 30 days of your
having been notified of the proposed changes, inform us that you want to terminate this Agreement. When you exercise your right to terminate the Agreement under this Clause, you will not be subject to any penalty.

51.3. Failure on your part to notify us in writing of your intention to terminate the Agreement as contemplated in the preceding paragraph will constitute your irrevocable acceptance of any such changes for as long as you remain a Subscriber.

51.4. Changes to the Price List will become applicable to the Service after thirty (30) days from the day on which we notify you of the proposed changes.

52. Governing Law and Jurisdiction

52.1. The Agreement shall be governed and construed in accordance with the Laws of Malta.

52.2. We and you irrevocably submit to the jurisdiction of the courts of Malta in case of any dispute on the Agreement.

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