These terms and conditions were last updated on 1st November 2018.
A. Your Agreement
- These terms and conditions form an integral part of Your Agreement for the provision of the Service with Us, together with the following terms (together with any other documents referred therein), where applicable:
- The Application Form
- The Special Offer Terms and Conditions
- The Bundled Plan Terms and Conditions
- The Tariff Plan Terms and Conditions and/or Schedule of Charges
- The End User License Agreement (EULA)
- The Product Terms and Conditions
- The General Terms and Conditions
- If any of these documents conflict with one another, the terms will apply in the order of precedence set out above.
- The Tariff applicable to Your Agreement is specified in the Application Form. We reserve the right to stop, suspend, amend or otherwise alter this Tariff, the applicable charges and any benefits derived through it, as well as these terms and conditions, in accordance with applicable laws.
- Business’ means that the Premises where the Service is installed is not used wholly for Residential purposes.
- ‘Extended Term’ means the further monthly periods for which the Agreement shall be automatically extended beyond the Initial Term.
- ‘Initial Term’ means the initial period of the Agreement as indicated therein which starts from the commencement date of the Agreement.
- ‘Residential’ means that the Premises where the Service is installed are used wholly:
- For residential purposes;
- As non-governmental organisational Premises, if We decide in Our sole discretion to allow the said non governmental organisations to benefit from this Residential Tariff Plan.
- ‘Transmission Report’ means the report that You are required to deliver to Us on a monthly basis. This report must be drawn up in the form indicated to You by Us from time to time, is to be certified for accuracy by a director of the Premises and must contain the following information:
- The name of all the channels distributed by You to each of the rooms within the Premises;
- The total number of rooms in the Premises;
- The rate of occupancy within the Premises for the particular month to which the report relates; and Any and all such additional information that We may reasonably require You to provide from time to time.
C. The Bundle
- The TV Tariff Plan (the ‘Tariff’) to which You are subscribed is a Business TV Service provided by Us. The Interactive TV Service is only provided in conjunction with a fixed voice Service registered with Us. You subscribe to the Tariff by signing an Agreement with Us.
- The Tariff is regulated by its terms and conditions. By subscribing to the Tariff You are agreeing to all of the terms and conditions found in the Agreement. If You do not agree to any of these terms, You should not subscribe to the Tariff.
- The Tariff consists of the following:
|c. Sports 2-Year Agreement
|d. Sports – No Agreement
|e. HD Channels
|f. GO Stars
D. Explanation of Charges
- Unless otherwise stated, all charges quoted in this Tariff Plan are exclusive of VAT.
- Monthly Fee:
- The charge in clause C.3.g applies if You subscribe to activate the Service for viewing over more than one television set.
- Other Charges:
- You may be required to pay additional charges if You opt for specific billing or payment methods. Further details are available in the Schedule of Charges.
E. Explanation of Service Description
- The Tariff may include Interactive Services. Where this is the case, the details are as specified from time to time in the product guide on Our website. You may request a printed copy from one of Our retail outlets.
- The Interactive Services are being provided to You as an added value service. You understand and agree that the rights holders of certain Content may request the discontinuation of some or all of these features and We will be obliged to comply immediately and without the need to give You any advance notice.
F. Access to Premises
- You agree to allow Us or any third party representative access to Your Premises at all reasonable times in order to verify that You are complying with all of Your obligations under this Agreement. We will carry relevant identification in order to enable You to identify Us. You may only refuse Us access if We do not provide You with this identification.
- You acknowledge that refusal to grant Us such access without justification shall result in a breach ofthis Agreement and We shall cease to provide You with the Business Service.
H. Your Obligations
- You agree not to permit payment models that allow viewers to access temporal windows of one or more otherwise full-time (or substantially full-time) linear television programming services(s) deemed to be ‘video-on-demand’, ‘pay- per view’ or ‘pay-per-day’ services.
- You may only choose individual channels if Your Package is a la carte, in which case You shall:
- Keep full and accurate records of the information required to be delivered to Us in the Transmission Report on a monthly basis;
- Within ten (10) days of the end of each calendar month provide Us with a Transmission Report for the month immediately preceding the said ten (10) day period. If You do not deliver the Transmission Report, We shall come over to Your Premises in order to obtain the information required for the Transmission Report. You may incur an administrative charge for Our visit, as indicated in the Schedule of Charges.
J. Fees and Charges
- In the event that the Agreement is extended for an Extended Term, all rates, charges, fees and penalties applicable to the Business Service will be increased on the first day of the Extended Term and on each anniversary date thereafter by an amount not exceeding the percentage increase for the preceding twelve (12) months in the retail price index published by the National Statistics Office of Malta (or, if this index ceases to be published, any other retail price index published).
- You hereby acknowledge that the local collecting society fees relating to the public performance of the music in the various channels and programmes included in Your Package/s have not been cleared and are Your sole responsibility. You shall be solely responsible to ensure compliance with any laws and regulations that require the payment of such fees to the competent authorities.
K. Cancellation / Interruption /Suspension/ Termination of the Business Service and consequences thereof
- If You terminate the Agreement prior to the lapse of the Initial Term, You shall still be bound to pay Us the full amount due for the full Initial Term.
- If You terminate the Agreement any time after the lapse of the Initial Term, You shall be bound to pay Us the charges for the Business Service until the date that You return the Equipment to Us.
- In any case, the charges for the Business Service shall only be terminated from the date on which We receive from You:
- A notice of termination of the Business Service; and
- The Equipment provided by Us for the provision of Your Business Service. If the Equipment is not returned in good condition, We shall be entitled to charge You a penalty,
- Without prejudice to any right arising under the Agreement or any law or practice, We may at Our discretion promptly terminate the provision of the Business Service to You without the need of any prior notification in the events as stated in the General Terms and Conditions. You shall be liable to immediately pay Us all amounts due under this Agreement as though such termination had not occurred. The amount of such payment is accepted by the parties as being a genuine and reasonable pre-estimate of the net losses likely to be suffered by Us in the event of the Agreement being so terminated. Where the changes are based on a ‘per TV outlet per room per month’ basis, then the charges due and payable in the last complete month prior to the termination shall be payable for each month of the unexpired period of the term of the Agreement.
- In the even that We interrupt, suspend or terminate Your access to the Business Service and/or in the event that the Agreement should be terminated in any way, You will no longer have the right to use the functionality of the Equipment or to access any content copied to the Equipment’s built-in memory.
L. Nature of Relationship between the Parties
Nothing in the Agreement shall be deemed to create any join venture, partnership or principal agent relationship between Us and You and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply such relationship with the other.