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1. OBJECT AND INTERPRETATION
1.1. The relationship between the Non-Residential Subscriber (“You”) and GO plc, bearing company registration number C 22334 (“We”/”Us”), for the provision of the Service at the Commercial Premises indicated in The Agreement, shall be regulated by the terms and conditions of television service below (“Conditions”). Unless specifically stated otherwise, all Conditions herein apply to you in their entirety.
1.2. The following terms shall respectively have the following meanings:
(i) “The Agreement” means, collectively, the Television Service Agreement, these Conditions and the Schedule of Charges, all of which have the binding force of law between the parties. In the event of conflict, these Conditions and the Schedule of Charges shall together prevail over the User Manual.
(ii) “CAC” means conditional access card or smart card with embedded integrated circuits to provide security authentication and which is managed by an administration system which securely interchanges information and configuration settings and application updates.
(iii) “CAM” means a conditional access module which is an electronic device, incorporating a slot for a CAC which equips an integrated digital television or set-top box with the appropriate hardware facility to view conditional access content that has been encrypted using a conditional access system.
(iv) “Commencement Date” means the date on which the Service and Equipment is installed for you by us at the Commercial Premises.
(v) “Commercial Premises” means the commercial premises indicated in the Television Service Agreement as the premises at which You are requesting Us to provide You with the Service.
(vi) “Commercial Establishment” means any place, other than a Place of Multiple Occupancy, which is a premises and/or communal meeting place, including a bar, restaurant, club, shop, shopping mall, showroom, inn, public house, offices, public area, lobby (including hotel lobby) and common areas of buildings (whether any such areas are open to the general public or whether they are restricted to a specific group of people, and whether operated for commercial gain or otherwise).
(vii) “Decoder/PVR Box” means a device that connects to a television and an external source of signal, turning the signal into content which is then displayed on the television screen. A PVR Box is a Decoder with an inbuilt Personal Video Recorder
(PVR) or hard disc which allows You to record, pause and instantly rewind live television.
(viii) “Due Date” means the date on which You receive Our invoice for any and all charges related to the use of the Service and the Equipment.
(ix) “EPG” means an electronic program guide to provide You with continuously updated menus displaying scheduled information for current and upcoming programs.
(x) “Equipment” means any aerial, dish, mini-head-end, signal distribution equipment, cabling, set-top box/decoder (whether a PVR Box/Decoder or otherwise). CAM, (including the conditional access card), remote control and any other line and equipment that We may supply to You for the installation of and access to the Service;
(xi) “Extended Term” means the further period/s indicated in the Television Service Agreement for which The Agreement shall be automatically extended beyond the Initial Term;
(xii) “GO Group” means the group of companies consisting of GO plc (C 22334) and all of its subsidiaries and associated companies; (xiii) “Initial Term” means the mandatory initial commitment period of The Agreement, which is indicated in the Television Service Agreement and which starts to run from the Commencement Date;
(xiv) “Non-Residential Subscriber” means the person indicated as such in the Television Service Agreement, and “You” / “Yourself” / “Your” shall be construed accordingly. A Non-Residential Subscriber may be either a Place of Multiple Occupancy or a Commercial Establishment, as respectively defined herein. (xv) “Package/s” means the set of television channels indicated in the Television Service Agreement as having been chosen by You from our channel line-up in accordance with Condition 5, which channels are accessible by means of the conditional access card and set-top box /decoder/conditional access module provided to You by Us in accordance with Condition 5;
(xvi) “Place of Multiple Occupancy” means any premises, establishment or location other than a private domestic household containing private rooms or any other private units which are provided or available as temporary or permanent accommodation including hotels, motels, guesthouses, boarding houses, hospitals, nursing homes, prisons, or other similar non-public places of non-residential multiple occupancy whether operated for commercial gain or otherwise;”Schedule of Charges” means the list of any and all fees and charges relating to the Service, as amended by Us from time to time;
(xvii) “Service” means the Digital Terrestrial Television (DTTV) service provided to You by Us within the context of any Package or Packages chosen by You;
(xviii) “Television Service Agreement” means the agreement that We have entered into with You and which contains all the details necessary for the provision of the Service.
(xix) “Transmission Report” means the report that You are required to deliver to Us on a monthly basis in accordance with Condition 5.4. 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 Commercial Premises and must contain the following information: (i) the name of all the channels distributed by You to each of the rooms within the Commercial Premises; (ii) the total number of rooms in the Commercial Premises; (iii) the rate of occupancy within the Commercial Premises for the particular month to which the report relates; and (iv) any and all such additional information that We may reasonably require You to provide Us with from time to time.
(xx) “User Manual” means the standard operating instructions for Your type of set-top box/decoder referred to in Condition 2.1 (iii) below. The User Manual includes standard operating guidelines for subscribers on, for example, installing and setting up the said type of set-top box / decoder, troubleshooting, safety guidelines, decoder specifications, etc.
(xxi) “We” means GO plc (C 22334), and “Us” / “Our” shall be construed accordingly.1.3. Nothing in The Agreement shall be interpreted as making any channel or programme providers, with whom We have separate agreements, party to The Agreement.
1.4. In the event of any conflict or discrepancy between the Television Service Agreement, these Conditions and the Schedule of Charges, the order of prevalence shall be as follows:
(i) the Schedule of Charges;
(ii) the Television Service Agreement;
(iii) These Conditions.
2. CONDITIONS FOR PROVIDING THE SERVICES
2.1. The following Conditions must all be satisfied in order that We may provide You with the Service:
(i) the Commercial Premises must be covered by an adequate digital terrestrial signal;
(ii) You must provide Us with any and all access to any part of the building housing the Commercial Premises that We deem necessary in order to install any of the Equipment necessary for the provision of the Service;
(iii) You must have leased a digital set-top box / decoder (whether a Decoder/PVR Box or otherwise) or a conditional access module and a conditional access card from Us or leased or bought a mini head-end and signal distribution equipment from Us;
(iv) There must not be any health and safety issues that prohibit Us from carrying out the installation and providing You with the Service;
(v) You must qualify under Our current credit policy;
(vi) You must not have a history of failure to pay charges or fees for any of Our services by their due date;
(vii) You must not have previously misused any of Our services, destroyed or tampered with any of Our equipment or breached any agreement with Us;
(viii) On Our request You must provide Us with sufficient evidence that You own the Commercial Premises or that You have been a tenant thereof for a period of not less than six (6) months prior to the Commencement Date.
3.1. You hereby expressly allow Us and any of Our employees, representatives or third party contractors to access the Commercial Premises at all reasonable times in order to:
(i) execute any works in / on the Commercial Premises for, or in connection with, the installation, maintenance, connection, disconnection, adjustment, repair, service, inspection, alteration, moving, replacement, reinstallation or removal of the Equipment;
(ii) enter the Commercial Premises during reasonable hours to inspect the Equipment and any other equipment relating thereto, as We may deem necessary in order to provide You with the Service, and / or to ensure that You are complying with all Your obligations under The Agreement.
3.2. Whenever We, any of Our Employees, representatives or third party contractors, request access to the Commercial Premises in accordance with the above, they will carry relevant identification. You may only refuse to grant the said access if You are not provided with such identification. You acknowledge and agree that if You refuse to grant the said access without justification this shall be a breach by You of The Agreement and We shall cease to provide You with the Services.
4. PROPER USE OF THE SERVICE
4.1. You undertake at all times:
(i) to use the Equipment with maximum care and diligence;
(ii) not to tamper with the Equipment or use it for any unlawful purpose or for any purpose not authorized by Us;
(iii) to access the Service only by using the CAC supplied by US (indicated in Condition 2.1 (iii) above) in Your set-top box / decoder (whether a Decoder/PVR Box or otherwise) or CAM in accordance with the User manual – provided that at any time We reserve the right to oblige You to use the unique CAC only with Your Decoder / PVR Box, in which event We shall be entitled to disable any CAC not used in the corresponding PVR Box / Decoder or CAM.
(iv) To keep Your CAC in Your set-top box / decoder (whether a Decoder / PVR Box or otherwise) or CAM at all times. We further recommend that You keep the set-top box / decoder (whether Decoder /PVR Box or otherwise) or CAM connected to the mains power supply and in standby mode when not in use, to enable the updating of software in the said set-top box / decoder / CAM and in order that Your continued access to Our Service is not negatively affected. You acknowledge that in such standby mode the set-top box / decoder / CAM may consume power and generate heat and noise.
(v) not to transfer the CAC to any different set-top box / decoder whatsoever other than the set-top box / decoder or CAM other than the set-top box, decoder or CAM indicated in Condition 2.1.(iii) above;
(vi) to report and inform Us immediately if or when any of the Equipment is lost, stolen, damaged or faulty. In such event We shall, as soon as reasonably possible after We receive such notification from You, seek to rectify such fault. We shall not charge You for such works unless the cause is attributable to You, in which event You shall incur the then current service charge for service calls at the Commercial Premises as indicated in the Schedule of Charges;
(vii) to comply with any and all Our requests to replace Your conditional access card at any time that We may deem necessary for any reason whatsoever including but not limited to security reasons;
(viii) to return the set-top box (whether a Decoder / PVR Box or otherwise) and/or the CAM, remote control and CAC that We have provided You with, whenever We so request You and in any event immediately upon the expiry or prior termination of The Agreement;
(ix) to comply with all Your obligations under The Agreement;
(x) to make use of the Service provided only in the Commercial Premises and keep the Equipment installed at all times in/on the Commercial Premises;
(xi) not to move or allow to be moved any Equipment from the position where it has been connected by Us. In the event that You intend to carry out any renovations in the Commercial Premises, You shall inform Us of the same in order that We may advise You on the type of work that may be required to relocate Our Equipment. Furthermore, in the event that You relocate to another address and You wish to transfer the Service to such new address, You will be required to pay Us a service charge as indicated in the Schedule of Charges.
(xii) to report to Us the unauthorised reception of any channels or programmes;
(xiii) not to tamper with Our television signals;
(xiv) not to copy, record, redistribute or relay, in whole or in part, any of the channels or programmes received through the Service, not to sell or impose any charge for watching any channel or programme, not to show any channel or programme in public to an audience outside the Commercial Premises even if no charge is made, and not to distribute the Service on the Worldwide Web or otherwise via the Internet and / or on mobile telecommunication devices. You further undertake to prohibit any third party from doing the same. Any such breach shall trigger the application of Condition 6 below. We shall not be liable in any manner and to any extent in respect of any third party claims (including, without limitation, claims made by programme providers) that may arise as a result of a breach by You or by any third party of this Condition 4.1(xii);
(xv) If You have a Decoder/PVR Box not to extract or copy content recorded thereon to any other device/s and use the said Decoer/PVR Box to store any content other than that available through the said Decoder/PVR Box in-built recording facilities. (xiii) 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; (xiv) to stop using the Service immediately upon the expiry or prior termination, for whatever reason, of The Agreement; (xv) not to assign, transfer the Equipment (including, without limitation, the hard drive memory of the Decoder/PVR Box) to any third party;
(xvi) to use the Equipment exclusively for the Service;and
(xvii) to use the Service in accordance with such reasonable instructions as We may give you from time to time.
4.2. In the event of any unauthorized use for which You or any third party acting on your behalf or authorized or allowed by You are/is responsible, You shall be obliged to repair, replace and / or restore the Equipment to its original use, and to this end You shall be liable to pay all related costs, expenses and charges.
5.1. We shall, subject to these Conditions, provide You with access to all the channels from Our channel line-up that form part of Your chosen Package/s.
5.2. We reserve the right to vary or change without notice the channel line-up included in any Package:
(i) as a result of circumstances independent of Our control including decisions of programme providers, technical difficulties, or any unforeseeable circumstances;
(ii) as a consequence of the termination of any particular agreement that We may have with any particular channel or programme provider,
(iii) for reasons aimed at the improvement of the Service offered.
5.3. You may, at any time within the Initial Term (and the Extended Term, if any) and subject to paying all the relevant charges, upgrade the Service to any Package tier above the chosen tier indicated in the Television Service Agreement and / or take up any additional services or stand-alone premium channels or programmes that are not included in the chosen Package. You cannot however choose individual channels from within any Package unless Your chosen Package is an a la carte Package.
5.4. If Your chosen Package is an a la carte Package You shall:
(i) keep at all times during the Initial Term (and the Extended Term, if any) full and accurate records of the information required to be delivered to Us in the Transmission Report on a monthly basis, in accordance with the following sub Condition 5.4.(ii);
(ii) 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. Failure to deliver such Transmission Report shall cause Us to come over to Your Commercial Premises (at an administrative charge, as indicated in the Schedule of Charges) in order that We may obtain the information required to be contained in the said Transmission Report.
5.5. In the event that You choose to upgrade the level of Your Service, take up any additional services or stand-alone premium channels or programmes, or change the channels within Your a la carte Package, as provided in Condition 5.3, You shall be bound to retain any such upgrade, any additional services / channels / programmes, or any change in a la carte Package channels for a minimum period of one (1) month from such date.
5.6. From time to time We may:
(i) replace, withdraw or otherwise amend the content, features and/or functionality of the Service or restrict its availability.
(ii) Make any changes (including but not limited to adding new programming, channels, services, applications and facilities and ceasing others) to the range, nature, format and content of the services provided by Us from time to time including the composition of specific Packages and the range, nature and number of any ancillary application, facilities or services including without limitation the Electronic/ Programme Guide and any other interactive services;
(iii) Advise You of additional applications, features or functionality which are available, the conditions applicable thereto and the charges therefore, if any, which, if You accept them will be included in the Service, and You will be obliged to pay the additional charge, if any; or
(iv) Change a feature or functionality forming part of the Service, into one that You must pay an additional charge if You wish to continue receiving it.
(v) The various systems necessary for or associated with the provision of the Service (including without limitation technical services, signal distribution, the conditional access system, the software operating system software applications, subscriber management services and business systems) are determined by Us from time to time and are subject to ongoing innovation and change. Without prejudice to the generality of the above, You agree that We may; a. Change or replace the software of these system, including by means of “over the air” software downloads, to address any problems, authorized to decrypt signals other than those authorized by Us; and/or b. Disable or remotely after the functionality of the PVR to prevent You from copying certain channels or programmes if We become obliged to do so.
6.1. We shall not be liable for any loss or damage whatsoever, whether direct or indirect, incidental or consequential, sustained by You or by any third party in relation to the Service, except in those circumstances expressly contemplated by these Conditions.
6.2. Without limitation to the generality of Condition 6.1, We shall not be liable for any loss or damage, whether direct or indirect, incidental or consequential, sustained by You or by any third party in relation to the Service, as a result of:
(i) changes to programme content and programming schedules, failure to transmit a channel for any temporary period of time. All programming, programme services, channel allocations and channels are subject to change at Our absolute discretion. The Electronic Programming Guide (EPG) provided to You by Us is correct at the time of preparation; programmes are subject to change without prior notice at the particular channels own discretion.
(ii) bad reception or picture degradation, when such changes / failures result from circumstances beyond Our control including but not limited to decisions of programme providers or technical difficulties;
(iii) the incorrect functioning or the incompatibility of any equipment, including but not limited to set-top boxes / decoders, pvr boxes, cams and / or antennas, supplied and / or installed by third parties who are not authorized by Us;
(iv) any loss for whatever reason of memory space in the hard drive memory of the Decoder/PVR box or CAM and / or any loss or corruption of content recorded on the hard drive memory of the Decoder/PVR Box or CAM or loss of recording reservation (booking).
(v) Any loss of content saved on the Decoder/PVR Box where such loss results from Us changing or repairing Your said Decoder/PVR Box.
(vi) the use of any of Your equipment (including, without limitation, Your television set, VCR, DVD, monitor) together with the Equipment;
(vii) a breach by You of Your guarantee given in Condition 7.2 below. In the event of such breach, You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of such breach.
(viii) a breach by You of Condition 4.1. You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of such breach.
(ix) Your receiving, relaying, redistributing, copying or recording of any channels (or programmes broadcast on such channels) that do not form part of Our channel line-up as modified by Us from time to time. You shall be liable to indemnify Us for any loss or damage whatsoever sustained by Us as a result of such breach.
6.3. Without prejudice to anything contained in these Conditions, Our liability if any shall not exceed the total amount of charges paid by You for the Service in the particular year that the liability arises.
6.4. Without prejudice to anything contained in these Conditions, You shall: (i) hold Us harmless from any direct physical damage to Your property unless caused by Our negligence or the negligence of any company in the GO Group or any of Our employees, agents or sub-contractors; (ii) indemnify Us for loss of profits, business or revenue sustained by Us, any company in the GO Group or any of Our employees, agents or sub-contractors.
6.5. In the event of any loss or theft of or damage to any equipment provided to You by Us, including without limitation loss of or damage to the conditional access card or the set-top box / decoder or remote control, You shall pay Us any and all damages arising from the said loss, theft or damage, in the amounts laid down in the Schedule of Charges.
6.6. Neither party shall be held liable for defaults due to circumstances considered to be force majeure.
7.1. We do not guarantee that Our digital terrestrial signal covers the whole of the territories of Malta, Gozo and Comino. In the event that You require any additional equipment at the Commercial Premises as a result of lack of coverage, You shall bear the full cost in relation thereto.
7.2. You hereby guarantee that You are in possession of any and all permits and / or authorisations required for the installation and / or wiring of the Equipment.
7.3. You hereby further guarantee that the Equipment shall at all times be properly maintained and kept safe and secure. In the event that the Equipment or any part thereof is damaged, lost or stolen, You undertake to inform Us immediately thereof.
8. LEASE OF EQUIPMENT FROM US
8.1. The Equipment leased to You by Us shall at all times remain Our exclusive property, this notwithstanding any charges that You may have paid in regard thereto. This is without prejudice to Your ownership of any Equipment that You may have bought (not leased) from Us.
8.2. We shall only be responsible for the proper operation of the set-top box / decoder / pvr set top box, CAM. mini-head-end as relevant.
8.3. Without prejudice to the generality of the preceding sub-Condition and solely for the avoidance of doubt, We shall (insofar as concerns PVR Boxes/Decoders) not be obliged to provide You with any additional memory space should the finite memory space available for Your use of the hard drive memory of Your PVR Box/Decoder be exhausted. You acknowledge that part of the memory space in the hard drive memory of the Decoder/PVR Box is reserved for use by Us for future applications, for fault reporting etc.
8.3. You shall bear any cost and expense of batteries required to operate the set-top box / decoder and its relative remote control.
8.4. The CAC acts as a key so that You can unlock the encrypted Service. The possession of the CAC does not automatically entitle You to the provision of the Service.8.5. You agree not to pledge or dispose of the Equipment in any manner whatsoever.
9. FEES AND CHARGES
9.1. You shall be charged for any applicable installation fees and other charges as well as for the use of the Service at the rates established by Us from the date on which We enable your set-top box and CAC to receive the Service under The Agreement.
9.2. All rates, charges, fees and penalties applicable to the Service are listed in the Schedule of Charges. All such amounts are indicated exclusive of all bank charges of whatsoever nature and exclusive of all taxes imposed or levied, and any such bank charges and /or taxes must therefore be paid in addition to the indicated amounts. In the event that The Agreement is extended for an Extended Term, the said amounts 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). The Schedule of Charges may be varied and / or amended by Us from time to time in accordance with Condition 12.
9.3. 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 chosen 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 ofsuch fees to the competent authorities.
9.4. Any and all charges related to the use of the Service and the Equipment shall be invoiced to You by Us at the agreed billing period in advance and are to be settled by You on the Due Date. We reserve the right to back-bill you for the Service provided to You by Us. You hereby undertake to pay such charges for the Service even if they would have erroneously been omitted from Your prior invoices.
9.5. In default of payment by the Due Date, We reserve the right to disconnect You from the Service promptly and without notice. We further reserve the right to charge interest for late payment at the maximum rate allowed by law.
9.6. If any cheques, credit cards or standing orders that You provide to Us are returned for insufficient funds or for any other reason, We shall be entitled to impose a penalty on You as indicated in the Schedule of Charges.
9.7. We also reserve the right to carry out a credit check on You at any time. In default of payment of any amount due to Us, We shall be entitled to give Your details to one or more credit reference agencies, their members and any third party to whom We are obliged or authorized to transfer such credit-related data by or under any law. If at any time You fail to meet Our credit conditions, We may further enforce any credit limits on Your account, restrict the Service, only allow certain specified methods of payment and / or suspend the Service (or other services of Ours that We currently provide to You) when You reach the credit established until We receive the full payment of any and all charges that are due by You.
9.8. Should You wish to query any amount invoiced to You by Us, You must notify Us in writing before the Due Date of payment as indicated on the invoice in question. During the period when We would be investigating such query, and provided that You would have paid the portion of the invoiced amount that would not be in dispute, We will not disconnect the Servic or divulge any credit-related data concerning You to any credit reference agency or other third party before We notify You of the conclusion of the said investigation and You subsequently fail to pay any such amount due.
10. CANCELLATION / INTERRUPTION / SUSPENSION / TERMINATION OF THE SERVICE AND CONSEQUENCES THEREOF
10.1. The Agreement shall remain valid and in force for the whole duration of the Initial Term and of any subsequent Extended Term unless it is terminated in accordance with the provisions of this Condition 10.
10.2. Should You decide to terminate The Agreement prior to the expiry of the Initial Term or the Extended Term, as applicable, You must give Us three (3) months prior written notice thereof. Such notice will only be valid if it is made in writing and posted to either Your GO Business Representative as indicated in Your Television Service Agreement or to Our Sales and Customer Care Representatives PO Box 40, Marsa or personally delivered to our Sales and Customer Care Representatives at any of Our GO outlets. Such notice will be deemed to have been made on the date on which it is received at Our offices or the date on which You personally deliver it.
10.3. Should You terminate The Agreement prior to the lapse of the Initial Term, You will still be bound to pay Us the full amount due for the full Initial Term.
10.4. Should You terminate The Agreement after the lapse of the Initial Term, You shall be bound to pay Us the balance of all the charges for the Service until the date on which You return to Us the Equipment indicated in Condition 10.6(ii) below.
10.5. You shall not be entitled to reimbursement of any charges whatsoever (including but not limited to any penalty charges and/or the connection fee).
10.6. Upon termination:
(i) You must settle all outstanding charges listed on Your account;
(ii) You must, within fifteen (15) days from the date of termination of The Agreement, return to Us all Equipment provided to You by Us in order to enable You to use the Service. Failure to return such Equipment within the said fifteen days shall entitle Us to charge You a recovery cost and/or a penalty charge for each unreturned item of Equipment, as indicated in the Schedule of Charges.
(iii) We shall stop providing You with the Service and shall deactivate and remove all the Equipment on the date referred to in Condition 10.6 (ii).
(iv) Charges for the Service shall only cease from the date on which, in accordance with this Condition 10, We receive from You (a) a notice of Your termination of the Service; and (b) the Equipment indicated in Condition 10.6(ii). Provided that if You return the Equipment to Us in a damaged state, We shall be entitled to charge You a penalty.
10.7. 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 Service to You without the need of any prior notification in the event that You:
(i) breach any of the Conditions;
(ii) fail to pay any amounts that You are liable to pay to Us hereunder;
(iii) become insolvent or bankrupt, You enter into any arrangement with your creditors or legal action is taken or threatened against Your property;
(iv) or another person at Your premises have committed or may be committing any fraud against Us or against any other person by using the Service or any related equipment;(v) provide Us with false, inaccurate or misleading information at any time during the duration of The Agreement; or
(vi) tamper with any equipment that We provide You with. In the event of termination on the basis of any of the above grounds, You shall immediately pay Us any and all fees and charges arising under The Agreement for its entire term as though The Agreement had not been so terminated. 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. Provided that where the charges 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 said termination on the basis of any of the above grounds shall be payable for each month of the unexpired period of the term of The Agreement.
10.8. You are liable to pay all charges for the Service up to the date indicated in Condition 10.6(iv). If We disconnect Your Service because You failed to pay any dues, We shall be entitled to recover from You all costs and charges relating to collection, interest, legal fees and any then current disconnection fees. If We discover that You received services from Us without Our permission, We will further charge You for any usage charges relating to such services. If You breach The Agreement by committing fraud or illegal activity, We shall report You to the police, who will take the appropriate legal action against You.
10.9. We may also interrupt, suspend or terminate the provision of the Service without any prior notification to You in any of the following circumstances:
(i) in fulfillment of any instructions requested by governmental or regulatory authorities;
(ii) for the purposes of repair, maintenance, improvement of the network or other operational reasons;
(iii) for health and safety considerations;
(iv) if it is necessary to protect the integrity of Our conditional access system;(v) if the CAC is damaged, lost or stolen; and
(vi)for any other reason beyond Our control.
10.10. Where reasonably possible We shall provide You with adequate notice prior to the interruption, suspension or termination of the Service and where relevant We undertake to restore the provision of the Service without unnecessary delay.
10.11. Should You decide to reactivate the Service following their termination, You shall be required to settle all outstanding dues that You may have with Us on Your account as well as a reconnection charge as indicated in the Schedule of Charges.
10.12 In the event that We interrupt, suspend or terminate Your authority to access the Service and/or in the event that the Agreement should be terminated in any way, in accordance with this Condition 10, You will no longer have the right to use the functionality of Your set-top box / decoder, If You have a Decoder / PVR Box, You will have no right to access any content copied to the hard drive memory of the Decoder / PVR Box.
11. DATA PROTECTION AND CONFIDENTIALITY
11.1. Insofar as We and any of Our subsidiaries and related companies (collectively, for the purposes of this Condition,”the GO Group”) process personal data relating to You, We shall only process it in accordance with the provisions of the Data Protection Act, chap 440 of the Laws of Malta. By entering into The Agreement You are deemed to have consented to the processing of Your personal data by the GO Group as further detailed in this Condition.
11.2. The GO Group shall process Your personal data for the following purposes:
(i) to provide You with the Service;
(ii) to communicate with You on any matter relating to the Service;
(iii) to prevent and detect fraud;
(iv) to protect itself against current and / or future loss of revenue;
(v) for audit and debt collection; and
(vi) for statistical purposes.
11.3. The GO Group may sub-contract to third parties certain aspects of the Service or engage them to provide services (for example, credit reference agencies (in accordance with these Conditions) and market research services) to it. In such cases, the GO Group may need to share personal information with such third parties. The GO Group may further need to share such personal information with third party channel / programme providers in order to provide You with access to their channels / programmes.
11.4. We undertake to ensure that all companies within the GO Group as well as any and all third parties to whom personal data is disclosed will only process the personal data according to Our instructions and on its behalf, and may further only use such data to the extent to which We are ourselves entitled. All such companies and third parties will further be required by Us to meet the requirements of the data protection legislation to keep the information secure.
11.5. We may, for accurately carrying out Your instructions, for training purposes and in order to improve the quality of its customer services, occasionally monitor and / or record calls made to Our customer service centre. Any such recordings shall remain Our sole and exclusive property.
11.6. We may further process Your personal data for direct marketing purposes, that is to inform You by mail, telephone, automatic calling machines, fax e-mail, short messaging service (sms), or other electronic means, about products, services, new packages and offers provided by Us or by selected third parties, which may be of interest.
11.7. Should You not wish Us to process Your data for purposes concerning such direct marketing, You may object to this in writing to GO plcs Customer Care Unit at Spencer Hill, Marsa. You may further send a written request to this address should You wish to exercise Your rights, in accordance with the Data Protection Act 2001, to access Your personal data processed by Us and to request its correction, if necessary. You are requested to advise Us of any changes occurring in the data provided in order that We may be able to take all reasonable measures to keep Our records in Your regard correct and up-to-date.
11.8. You unconditionally and irrevocably undertake to keep all the provisions of The Agreement in their entirety strictly confidential and shall not disclose them to any person other than if such disclosure is required by or under any law.
12. AMENDMENTS TO THE AGREEMENT AND ENTIRE AGREEMENT
12.1. We may amend The Agreement at any time in Our sole discretion. For as long as You remain subscribed to the Services You shall be bound by The Agreement as so amended by Us from time to time.
12.2. The Agreement contains the entire agreement of the parties with respect to the Service and supersedes any previous arrangements or understandings (whether written or oral) between You and Us regarding the Service.
13.1. You shall not assign or transfer The Agreement in whole or in part to any third party whomsoever.
13.2. We may, for business reasons, assign or transfer any of Our rights and obligations under The Agreement at any time in Our sole discretion.
14.1. The validity or unenforceability for any reason of any part of The Agreement shall not prejudice or affect the validity or enforceability of the remainder thereof.
15. NATURE OF RELATIONSHIP BETWEEN THE PARTIES
15.1. Nothing in The Agreement shall be deemed to create any joint 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 any such relationship with the other.
16. JURISDICTION & APPLICABLE LAW AND LANGUAGE
16.1. The Agreement shall be governed and construed in accordance with the laws of Malta. The parties irrevocably submit to the jurisdiction of the courts of Malta or any other competent tribunal at law in case of any dispute.
16.2 In the event of any conflict between the English and the Maltese versions of The Agreement, the English version thereof shall prevail.