Mobile Product Terms and Conditions

If you signed your contract before the 2nd of November 2016, kindly refer to the relevant old terms & conditions through this link: General Terms and Conditions before 2nd November 2016.

These terms and conditions were last updated on 11th April 2018.

A. Your Agreement

1.      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:

a.      The Application Form

b.      The Special Offer Terms and Conditions

c.      The Bundled Plan Terms and Conditions

d.      The Tariff Plan Terms and Conditions and/or Schedule of Charges

e.      The End User License Agreement (EULA)

f.      The Product Terms and Conditions

g.      The General Terms and Conditions

2.      If any of these documents conflict with one another, the terms will apply in the order of precedence set out above.

B. Definitions

1.      ‘Agreement Benefit’ means a conditional discount or offer or any other incentive that We may introduce from time to time.

2.      ‘International Activity’ means usage made towards non-Maltese numbers while You are in the Territory.

3.      ‘Pay As You GO’ means the pre-paid mobile service.

4.      ‘Pay Monthly’ means the post-paid mobile service.

5.      ‘Roaming’ means the connection of a GO SIM Card to a non-GO network.

6.      ‘SIM Card’ means the Subscriber Identity Module and contains Your information which, when used with the appropriate equipment, enables access to the Network and services.

C. Your Service

1.      We will provide You with the mobile service specified in Your Application Form. Your Service may include the ability to make and receive calls, send and receive text messages (SMS), make data sessions, make use of other services that are available on Your Tariff Plan, or a combination of any of the above. The details of Your Service are specified in the Tariff Plan and/or Schedule of Charges.

2.      Your Service starts from the date We activate it.

3.      Call charging starts from the time the call is answered, whether by another person or a machine.

4.      Text messages are charged immediately upon submission, irrespective of whether they are delivered or not.

5.      In ideal optimal conditions, the mobile Network can deliver an approximate maximum download internet speed of 210 Mbps and an approximate maximum upload speed of 50 Mbps when using 4G+ technology.   This data is given for information purposes only and may change with technology advancements. The mobile data speed that can be attained on Our connection may vary and depends on a number of factors, amongst them Our Network, the number of users making use of the Network at a particular point in time in a given geographical area, the radio quality (which can be affected by third party equipment and lack of coverage), as well as the connection speed that can be reached by Your devices. You may thus not always be able to reach the maximum speeds available to You on Your Tariff Plan. You agree that such factors may exist for the duration of Your Service with Us. In cases where we establish that your internet service with us has experienced continuous or regularly recurring problems, at our sole discretion we may offer you compensation or a partial refund, subject also where applicable to any previous compensation and/ or partial refunds we may have already given you.

6.      Unless otherwise stated, mobile data sessions are charged on the basis of volume sent and/or received over Our network, in chunks as specified in Your Tariff Plan or Schedule of Charges. You understand that data usage given on Your device may not be accurate and that charges shall be based on the usage as measured on Our Network.

7.      Different charges may apply when You make usage towards numbers subscribed to different networks. If this is applicable to Your Tariff Plan, You should check whether a number belongs to a particular network prior to initiating an event, such as calling or texting, towards this number. You may do so by calling 180 (free of charge) while in the Territory in order to verify the relative operator of a particular local number. If this information service is changed or discontinued due to legal or regulatory decisions, this will not constitute a change to Your terms and conditions.

8.      Any other mobile activity is charged as stated in Your Tariff Plan or Schedule of Charges. Where no such charges are specified, such as for televoting, donations and information services, the applicable rates shall be as communicated by the parties promoting these services and will be added to Your bill or, in the case of a Pay As You GO Service, deducted from Your balance.

9.      We may make certain add-ons, such as an amount of data bought as a bundle at a discounted rate, available to You on Your Service. If this is the case, You may choose to activate it by following the instructions for the given add-on. You understand that the activation of these add-ons may be delayed and that any usage made while this add-on is still not active will be charged at the normal rates.

10.    Any add-on We choose to make available on Your Tariff Plan may be modified or discontinued at Our sole discretion. Every add-on is governed by its own terms of use.

D. Connecting to Your Service

1.      We will provide You with a SIM Card in order to be able to connect to Our network. The SIM Card will remain Our property but it is Your responsibility to handle it with care and keep it safe. We will replace any SIM Card that is found to be defective due to faulty workmanship, but reserve the right to charge You a fee for replacing or renewing a SIM Card in any other circumstance.

2.      We may recall a SIM Card at any time to enhance or maintain the quality of Our network. From time to time You may also need to replace Your SIM Card due to technological advancements both on Our network and any devices You may use to connect to it.

3.      You should inform Us immediately if Your SIM Card is lost, stolen or damaged. We will provide You with a replacement SIM Card as soon as is reasonably possible, but We reserve the right to charge You for such a replacement.

E. Agreement Benefit

1.      We reserve the right to offer an Agreement Benefit with one or more Tariff Plans at any point in time. These Agreement Benefits may be changed or discontinued at Our sole discretion.

2.      Where applicable with Your chosen Tariff Plan, You may choose to take an Agreement Benefit with Your Agreement. Unless otherwise stated, You may only benefit from one Agreement Benefit at any particular point in time.

3.      The Agreement Benefit is given on condition that You remain bound to the Service stated in Your Agreement with Us for a pre-defined period of time. If You choose to terminate Your Agreement with Us prior to this time period elapsing, or if We suspend or terminate Your Agreement with Us due to a reason directly applicable to You, such as non-payment for the Service, You shall be bound to pay Us all the fees/charges/penalties as outlined in the Agreement, including the reimbursement of the Agreement Benefit.

4.      You will be liable to reimburse Us for the Agreement Benefit and all the fees/charges/penalties as outlined in the Agreement if You downgrade Your Service with Us during the pre-defined time period of Your Agreement.

5.      If You choose to upgrade Your Service with Us during the pre-defined time period of Your Agreement, You will not be able to benefit from any new Agreement Benefit unless You terminate the old Agreement and pay Us all dues, including those applicable to Your current Agreement Benefit.

F. Additional Terms Applicable to Pay as You GO

1.      In order to make use of Your Pay As You GO Service, You need to top-up Your account. You may do so using any of the top-up methods We make available to You or else those available through third party services.

2.      If You affect a top-up using a third party service and the payment for it is reversed at a later date, We reserve the right to deduct any amount, inclusive of all applicable taxes, that was topped up from the Service that benefitted from the top-up.

3.      We may impose a top-up limit on the amount of topped up credit You may have in Your account at any particular point in time. If You reach or exceed this limit, You will be unable to top-up until Your credit has been reduced to this limit or less.

4.      The chargeable usage made from Your Service will be deducted from the amount You have topped up. You will not be able to make any further usage, with the exception of calls to emergency services, if Your topped up credit has been used up or else the amount left is insufficient to perform the activity You wish to make.

5.      You will be able to receive incoming calls and text messages for three hundred and sixty-five (365) days from the date of Your last top-up.

6.      If Your Service is inactive for three hundred and sixty-five (365) days from the last top-up or chargeable activity, Your Service will be disconnected. All remaining topped up credit will be lost and the number will be reassigned. Our Pay As You GO Disconnection Policy can be found on Our website. You may also request a printed copy from one of Our retail outlets.

G. International Activity and Roaming

1.      In the case of Pay As You GO, Your Service is enabled for International Activity and Roaming upon activation. In the case of Pay Monthly, You need to state in Your Application Form that You want to activate these services.

2.      You will be able to roam with partner networks with which We have a Roaming agreement. You may find a list of these networks on Our website. We may have different agreements in place with different partner networks, which means that some of Your services may not be available with a particular partner network. The partner network may also not support certain services. We advise You to check Our website or to contact Us prior to Roaming to familiarise Yourself with the services and applicable charges available to You whilst Roaming. We are not responsible for differences in service availability that You may encounter while Roaming.

3.      When making use of these partner networks, You agree that You are dependent on them for the quality of service that You receive. We will not be responsible for matters beyond Our control that You may encounter while Roaming. You should contact Us immediately if You encounter any difficulties so that We may investigate the matter.

4.      Unless otherwise stated, all International Activity and Roaming is chargeable. The rates may vary from country to country and from one partner network to another. You may check these rates on Our website. You accept that it is Your responsibility to familiarise Yourself with these rates prior to making use of these services.

5.      Unless otherwise stated, You are charged for the international leg of all incoming calls received while Roaming. This means that the person calling You pays for the call as though You were still in the Territory, while You pay for the part of the call that connects You from the Territory to the country You are visiting. The charge will be the incoming call charge of the partner network You are currently using.

6.      Foreign operators reserve the right to block access to toll-free and premium rated numbers. Where such access is not blocked, foreign operators may charge a fee for calling these numbers.

7.      We reserve the right to vary or change the International Activity and Roaming rates inter alia for reasons independent of Our control as well as for technical, commercial or other reasons. Prior to making use of these services, You should always check the latest rates on Our website or otherwise request these rates from Us if you do not have access to the Internet.

8.      Whilst roaming in EU Zone 1 Your Tariff Plan’s local calls and SMS bundles applicable to other local networks are applicable to Malta and EU Zone 1 numbers. Other similar bundles applicable only to GO mobile numbers are not available whilst roaming in EU Zone 1.

9.      EU Zone 1 roaming fair usage policy:

a.      Tariff Plans with unlimited bundles available whilst roaming in the EU Zone 1 Roaming Countries are available for customers:

                          i.    Permanently residing in Malta, meaning a customer with a valid Maltese Identity card, passport, driving licence or utility bill registered on a Maltese address, or

                          ii.    Who have stable links with Malta, meaning, but not exclusively, full-time employees with a local employer, self-employed persons with contractual local ties or full-time recurring students.

b.      You may be required to present documentary evidence proving normal residence or stable links as per 9.a above in the following forms:

                          i.    Presentation of official documents with a local address listed in 9.a.i above

                          ii.    An official signed declaration of full-time employment by your local employer

                         iii.    An official signed declaration of full-time student status by your local education institution

                         iv.    In the absence of the above documentary evidence, a valid property rental agreement can be presented

                         v.    In the case of Business customers, proof of the local establishment or local activities of the business can be presented.

c.      To prevent abusive or anomalous usage whilst roaming in EU Zone 1, a fair usage policy will apply when:

                          i.    Over a period of four (4) consecutive months the total number of days Your SIM card, on which these Tariff Plans are activated, is logged onto a foreign network whilst roaming in the EU Zone 1 is higher than the total number of days it is logged onto Our network in Malta, or

                          ii.    Over a period of four (4) consecutive months the total amount of usage in calls, SMS, and Data whilst roaming in the EU Zone 1 will be more than 50% of Your total usage in Malta and EU Zone 1, or

                         iii.    Your SIM card, on which these Tariff Plans are activated, is exclusively used whilst roaming in the EU Zone 1 and not used for making or receiving calls and SMS or for data usage whilst in Malta for multiple periods of four (4) weeks or a single continuous period of two (2) months in the previous consecutive four (4) months.

d.      In the event that either of the conditions in 9.c above are not met, We shall contact You and advise You on your anomalous usage and to reduce your usage to the limits indicated in 9.c above within two (2) weeks from the date of Our notification.

e.      If You do not rectify your anomalous usage within the given period in 9.d above, We reserve the right to impose a surcharge on your anomalous usage as follows:

Usage

Rate (excluding VAT)

Calls on a per minute basis

€0.032/min

SMS

€0.01

Data

€7.70/GB as from 15/06/2017

€6.00/GB as from 01/01/2018

€4.50/GB as from 01/01/2019

€3.50/GB as from 01/01/2020

€3.00/GB as from 01/01/2021

€2.50/GB as from 01/01/2022

 

f.      In case of prepaid mobile tariffs, We may limit the volume of data allowance whilst roaming in EU Zone 1 to the amount of remaining credit, excluding VAT, at the time of the start of the data roaming session in EU Zone1, divided by the applicable data rate in 9.e above. Any usage above this fair-use limit will incur surcharges for data rates in 9.e.

 

Example: If You have €10 (€8.47 excluding VAT) of remaining credit left at the time you start roaming, while in EU Zone 1 in 2017 You will have 1.1GB (€8.47/€7.7perGB) of data available, in 2018 You will have 1.41GB (€8.47/€6perGB) of data available, etc.

 

g.      In case of tariffs that include data bundles, We may limit the volume of data allowance whilst roaming in EU Zone 1 to the equivalent of twice the volume obtained by dividing the overall domestic monthly tariff price, excluding VAT, by the applicable data rate in 9.e. above. If the resulting EU Zone 1 roaming data limit is higher than your current domestic bundle, You will be allowed to make use of all the remaining data in your domestic bundle whilst roaming in EU Zone 1. A surcharge may apply as per 9.e above for any usage above this limit.  The surcharge that may apply is additional to the domestic out of bundle rate when the domestic data bundle limit is exceeded.

h.      We may take immediate proportionate measures:

                          i.    If You use multiple SIM cards whilst roaming, and

                          ii.    In case of organised resale of SIM cards to persons not effectively residing or having stable links in Malta.

 

 

 

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