Terms & Conditions

General Terms and Conditions for the Provision of PrimeTel Services

Interpretation
- “Account” means the Subscriber’s account with the Company in respect of the provision of Services by the Company to the Subscriber in accordance with the Agreement, which shall be debited with any amounts invoiced to the Subscriber and shall be credited with any amounts paid by the Subscriber.
- “Agreement” means the agreement between the Subscriber and the Company for the provision of Services which comprises of the First Page, the General Terms and Conditions and the Special Terms and Conditions, if applicable.
- “AUP” means the Acceptable Use Policy applied by the Company in respect of the Services as this may be amended or substituted by the Company from time to time.
- “Bar” means suspending access to the Mobile Telephony Services and may be either an out-bar, restricting use of the Mobile Phone for making calls and accessing the Mobile Telephone Services, or an in-bar, restricting use of the Mobile Phone for receiving calls and accessing the Mobile Telephony Services, or both.
- “Basic Package” means the initial package of Services that the Company offers from time to time without any Service upgrades by the Subscriber.
- “Commissioner” means the Commissioner of Electronic Communications and Postal Regulation.
- “Common Place” means the Premises, whether operating for profit or not, which are a common place for the visitors of the Premises, including without limitation, restaurants, unions, pubs, cafeterias, coffee shops, canteens, book makers and similar shelters.
- “Company” means the electronic communications company with the name Primetel PLC registered in Cyprus in accordance with the Companies Law, Cap. 113 and licensed pursuant to the Law.
- “Decree” means the Determination of the Quality of Electronic Communications Provision Decree of 2005, as this is amended each time by the Commissioner.
- “Equipment” means any telephone line, subscriber equipment (CPE and/or STB), television decoder or other equipment or device provided to the Subscriber, including any software licensed or sub-licensed to a software (either belonging to the Company or to a third party) as part of the provision of Services by the Company in accordance with the Agreement and it constitutes property of the Company (unless an agreement in writing is made with the Subscriber for the sale of the Equipment).
- “Event” means each movie, television program or other event provided by the Company within the framework of “Television Services on demand”.
- “First Page” means the first page on which the GTC are attached and refer to and which contains the details of the Subscriber, of the Premises, of the Services, of the Fixed Monthly Charge and other related information.
- “Fixed Monthly Charge” means the fixed monthly charge for the Services provided to the Subscriber in accordance with the Agreement.
- “FUP” means the Fair Use Policy applied by the Company in respect of the Services as this may be amended or substituted by the Company from time to time.
- “General Terms and Conditions” or “GTC” means these general terms and conditions for the provision of the Services and/or any terms amending and/or substituting them.
- “Initial Duration” or “ID” means the duration of the Agreement provided in clause 4.1 of the GTC.
- “Interactive Services” means the Internet Services and Services provided to the Subscriber by the Company using digital technology in accordance with the Agreement, and it includes, without limitation, short message service (sms) from the Company to the Subscriber and/or the exchange of sms / chat between Subscribers and/or the upload and/or sharing of data by Subscribers via the Internet Services and/or the MTS and/or the Television Service and/or any other service provided by the Company to the Subscriber from time to time via the Company’s website, including without limitation viewing and/or management of the Account and/or of Invoices, upgrade and/or downgrade and/or acquisition and/or management of Services.
- “Internet Services” means the services provided to the Subscriber by the Company by using the digital or analogue technology in accordance with the Agreement enabling the Subscriber to have access to the internet and to certain other services by means of television or personal computer or a mobile phone or devise or otherwise.
- “Invoice” means the invoice issued by the Company to the Subscriber in relation to the Services the amount of which shall be debited in the Account.
- “Low Usage Package” or “LUP” means the package of Services consisting of the Telephone Service and Internet Services (or other Services if such are stated to be included in the LUP) which is stated as such on the First Page and which is or may be subject to restrictions on the usage of Internet Services and/or of email services.
- “Mobile Phone” means a mobile phone or other mobile telecommunications device through which the Subscriber receives the Mobile Telephony Services.
- “Mobile Telephony Services” or “MTS” means the postpaid mobile telecommunications services and related products and services including voice, messaging, SMS, MMS, data, and any other services that are and/or will be made available to the Subscriber by the Company from time to time.
- “Network” means the Company’s network and/or the network of any Network Operator through which the Company provides the Services to its Subscribers.
- “Network Operator” means any entity with whom the Company has or will have an interconnection agreement or arrangement (directly or indirectly) for the passing of Subscriber’s generated or destined communications or data between the Company and that entity.
- “Law” means the Regulation of Electronic Communications and Postal Services Law of 2004, L.112(I)/2004 in force for the time being and comprises any law amending or substituting the same.
- “PIN” means the Personal Identification Number or access code of the Subscriber provided by the Company to the Subscriber that the Subscriber shall use in order to access all or any of the Services.
- “Premises” means the premises of the Subscriber located at the address mentioned in the First Page to which the Service is being provided by the Company to the Subscriber in accordance with the Agreement.
- “PRESS RED TO SUBSCRIBE” or “PRTS” means the utility pursuant to which the Subscriber has the ability to upgrade any services or to order additional Services via its television set following the instructions and accepting the terms appearing on the screen.
- “PRIMETEL” or “PrimeTel” means the Company.
- “Public Viewing Package” or “PVP” means the package of television programs and/or other services, as these may be provided by the Company from time to time, which the Subscriber receives from the Company in accordance with the Agreement to the Premises which are a Common Place, and which the Subscriber is entitled to show publicly to the said Premises provided that it pays the applicable from time to time charges for public viewing.
- “Services” or “Service” means the Telephone Service, the Mobile Telephony Services, the Internet Services, the Interactive Services, the Television Service and/or any of them and/or any other service or services provided to the Subscriber by the Company in accordance with the Agreement. In case of Common Place the terms “Services” or “Service” shall include also the “Public Viewing Package”.
- “SIM Card” means the Subscriber’s identity module to operate the Mobile Phone, through which the Subscriber is connected to the Network and it includes any SIM Card issued by the Company to the Subscriber.
- “Special Terms and Conditions” or “STG” means any special terms and conditions which are additional and supplementary to the GTC and they apply for the provision of any offer and/or special service packages and/or additional benefits to the Subscriber for commercial promotion purposes or otherwse. The STC may be in the form of additional document or terms and conditions that may apply, as aforesaid, as publicized or advertised in any way by the Company. In case of contradiction and/or conflict between the GTC and the STC, the provisions of the STC shall prevail.
- “Subscriber” means any legal or natural person contracting with the Company under the terms of the Agreement.
- “Telephone Service” means the service of fixed telephony provided to the Subscriber by the Company in accordance with the Agreement.
- “Television Service” means the service of television programs provided to the Subscriber by the Company either with additional charge or not in accordance with the Agreement and it includes the Television Services on demand.
- “Television Services on demand” mean all the Events ordered by the Subscriber and which are subject to the payment of a separate fee per Event.
- “Terminal Equipment” means the terminal equipment of each technology which is used by the Company for the time being.
- “The Internet” means the global data network comprising interconnected networks by using TCP/IP (“Transmission Control Protocol/Internet Protocol”).
- “Working Day” means any day in which banks in Cyprus are open to the public for business. Any reference to the word “day” shall mean Working Day.
Provision of Services other than Mobile Telephony Services
1. The connection for the provision of the Services shall be carried out by the Company within 15 Working Days from the date of signing the Agreement, provided that the Subscriber has produced all necessary documents, has paid the required amount of money and there is no technical problem.
2. The provision of the Service by the Company shall be only to the Subscriber and only for use at the Premises. The Company shall not be liable for any damage caused to a business, trade, occupation or otherwise resulting from the inappropriate use of the Service.
3. The provision of the Service is feasible only where and when there is provision of access cable and provision of electric current to the Premises and the Subscriber shall be responsible for the continuous provision of electric current to the Premises.
4. The provision of the Service is feasible only in cases where there are available and appropriate Network resources of the Company and the distance and quality of the Subscriber’s telephone line is suitable. The Company shall not be obliged to provide the Service in case that the Company will not be able to ensure the quality level required for the provision of the Service or in case that it is not technically feasible to ensure the required quality level for the provision of the Service.
5. In case that after the installation an alteration occurs to the characteristics of the connection causing a proven permanent abatement to the quality of the Service, the Company shall make every effort to restore the quality of the Service. In case that it is not technically feasible to restore it, both the Subscriber and the Company reserve the right to terminate the Service and/or the Agreement without any penalty.
6. The Company shall make every possible effort to ensure that the provision of the Service complies with the quality level specified by the Decree.
7. The Subscriber has the right to upgrade any services of the Basic Package and/or to cancel any upgrades to the Basic Package provided that thirty (30) days notice in writing is given to the Company before. In case of upgrading of any services of the Basic Package the Subscriber accepts and undertakes to pay to the Company any charges arising from such upgrading. In case where for the upgrade of any services of the Basic Package and/or the ordering of additional services from those of the Basic Package the Subscriber uses the PRTS facility, then the Subscriber agrees and accepts also the terms and conditions displayed on the Subscriber’s screen and no written notice is required.
8. The software of the Service and/or of the Equipment shall remain property of the Company and/or of the third party who licensed and/or sub-licensed its use and any alteration or copy thereof or intervention thereto by the Subscriber or by a third party, whether the Subscriber is aware of this or not, is prohibited.
9. It is prohibited to the Subscriber to copy, reproduce, alter, resell or dispose in any way the content and/or the software of the Service or to create products or services arising from the content of the Service without the prior written consent of the Company and of the owner or the beneficiary of the copyrights of the content of the Service.
10. In cases of Premises which are Common Place, the Subscriber is not allowed to resell any Service or part thereof to visitors and/or invitees of the Premises and shall not charge an admission fee related to the Service or usage or viewing fee for any Service or part thereof.
11. The Company shall provide the Service to the Premises. In case of false or different address stated in the First Page, it shall be responsibility of the Subscriber to follow the procedures for the transfer of services to other premises as such procedures are specified in clauses 2.12 and 2.13.
12. In case that the Subscriber changes premises the Subscriber must notify promptly the Company and make all necessary arrangements for the termination or continuation of the provision of the Service in accordance with the Agreement. If the Subscriber fails to do so, he will be charged for the Service to the Premises until the transfer or the termination of the Service in accordance with the Agreement.
13. In case that the Subscriber requests that the provision of the Service be transferred to premises other than the Premises such transfer shall be at the discretion of the Company subject also to clauses 2.1 and 2.4, and in case of transfer the Subscriber undertakes to pay promptly to the Company all the expenses and charges as a result thereof. In the event that the new premises are not covered by the Company's network the Agreement shall be terminated at the request of the Subscriber, subject to clause 2.14. It is understood that the Subscriber is obliged to pay to the Company every remaining amount due to the Company by the date of the termination and the Company is entitled to withhold the guarantee and/or part thereof and/or request the payment of any additional amount to cover any expenses that will arise for and/or due to the disconnection of the Subscriber from the Company’s network and/or the network of any third party.
14. In case of a request by the Subscriber for termination of the Agreement pursuant to clause 2.13 during the Initial Duration the Company is entitled:
  1. to request that the Subscriber continues to receive from the Company at least until the expiration of the Initial Duration the part of the Services which the Company can provide to the new premises (e.g. internet + telephony instead of internet + telephony + television) provided that the price charged to the Subscriber will be adjusted accordingly, and the Subscriber shall be obliged to continue to receive such part of the Services at least until the expiration of the Initial Duration;
  2. in case that the new premises are not covered at all by the Company’s network (either directly or indirectly, i.e. via third parties’ networks), to request the submission by the Subscriber of such documentation and/or proof to the reasonable satisfaction of the Company to substantiate a genuine bona fide request for cancellation by the Subscriber due to change of address. Failure by the Subscriber to comply with this sub-clause will result in him being charged until either the submission of such documentation or the expiration of the Initial Duration, whichever comes first.
15. The resale or assignment of the Services or any of them and/or of the Agreement or part thereof is prohibited.
Provision of Mobile Telephony Services
1. The SIM Card is usually activated within 1 Working Day from the signing of this Agreement provided that the Subscriber has produced all necessary documents, has paid the required amount of money and there is no technical problem.
2. In case of non activation of the MTS by the Company within the prescribed period and/or of a defective SIM Card the Subscriber shall be obliged to notify the Company immediately and at any rate the latest within 2 days of the prescribed activation period in order for the SIM Card to be replaced.
3. The number of SIM Cards and/or of MSISDNs that each Subscriber can get may be limited by the Company from time to time. The Subscriber shall at all times be responsible and liable for all the SIM Cards and MSISDNs that are issued in the Subscriber’s name.
4. The resale or assignment of the MTS and/or of the Agreement or part thereof is prohibited.
Duration
1. The Agreement and the provision of the Service shall be for the period stated in the First Page from the date of the initial connection and activation of the Service, unless a different period is provided in the STC or in any offer of the Company that the Subscriber chooses to benefit from.
2. Upon expiration of the Initial Duration the Agreement shall be renewed automatically for an undefined (unlimited) duration unless the Subscriber or the Company request in writing its non-renewal at least thirty (30) days before the expiration of the Initial Duration.
3. Except as provided for by the Agreement, the Agreement cannot be terminated before the expiry of the Initial Duration. In case of termination of the Agreement by the Subscriber without fault of the Company or by the Company due to the fault of the Subscriber at any given time during the Initial Duration the Subscriber shall, without prejudice to any other rights of the Company and in addition to the payment in full of all and any amounts due to the Company and the return of the Equipment, pay to the Company all the amounts that would have been paid pursuant to the Agreement until the expiry of the Initial Duration, including, without limitation, fixed monthly charges, but excluding non fixed charges that arise according to the usage of the Service (e.g. telephone calls).
4. Payment by the Subscriber of any amounts pursuant to clause 4.3 shall not relieve him of the obligation to pay any other amounts due to the Company pursuant to any STC applicable for any benefit derived by him from any offer of the Company.
Charges
1. The Subscriber shall be obliged to pay all the charges arising from the provision of the Services and/or the installation of the Equipment on the date stated in the Invoice, plus the relevant amount of Value Added Tax and any other direct or indirect tax or fee imposed or that may be imposed in the future.
2. Any fixed monthly charges (e.g. monthly subscription fee, monthly payment of equipment, mobile phone, etc) are invoiced at the beginning of each month whilst any non fixed monthly charges (e.g. telephone calls) are invoiced at the end of each month.
3. Charges for the Public Viewing Package may vary according to the occupancy capacity of the Premises and the Subscriber is responsible to declare the occupancy capacity of the Premises at the time of signing of the Agreement. The Subscriber is also responsible to inform the Company immediately for any changes to the Premises’ occupancy capacity. The Company is entitled to conduct an audit from time to time at its discretion to ascertain whether there is any alteration to the Premises’ occupancy capacity. In case that it is verified that the Premises’ occupancy capacity declared by the Subscriber has changed the Company is entitled to amend the PVP charge immediately and also to claim any amounts that should have been paid by the Subscriber should the correct capacity of the Premises has been declared by the Subscriber.
4. The Subscriber is fully and solely responsible for the safety and security of Subscriber’s systems and/or Equipment and/or Mobile Phone and/or Services and shall thus be fully responsible and liable for any charges on the Invoice or in the Account as a result of breach, hacking or anauthorised use of the Subscriber’s systems and/or Equipment and/or Mobile Phone and/or Services.
5. The Company shall publish a detailed list of the charges applicable each time on its website.
6. In case the Subscriber disagrees with the Invoice or any part thereof the Subscriber must inform the Company in writing within ten (10) days from the date of the Invoice. In case of no dispute as aforesaid by the Subscriber, it is presumed that the Subscriber accepts fully and unconditionally the Invoice and undertakes to pay to the Company the amount stated therein.
7. In case that the payment of the Invoice is not done via an automated means of payment (e.g. direct debit, etc.) but the Subscriber chooses to pay the Invoice to any office of the Company or to send by post a cheque, then the Company shall be entitled to charge the Subscriber with an additional administrative fee up to €2,00 per Invoice to cover its administrative cost.
8. In case that the Invoice is not settled in full by the last day that it is payable the Company shall be entitled, without prejudice to any other rights of the Company:
  1. to charge the amount due stated on the Invoice and/or the Account with a surcharge of 8% on each overdue amount from the date that such amount becomes payable until its settlement, and
  2. to disconnect or suspend or Bar (as applicable) the Services without any notice or terminate the Agreement by giving a ten (10) days notice to the Subscriber, and
  3. to take any legal action for the collection of the amounts due and to notify and/or register, whether a legal action was taken or not, the debt and/or the Subscriber in any licensed third party’s defaulting debt registry, and
  4. to assign the collection of any amounts due to any debt collection and/or third party agency.
9. The amendment of charges is at the discretion of the Company. Any amendment made to the charges, excluding amendments as a result of an upgrade of Services requested by the Subscriber and/or from any increase imposed to the Company by any content or service provider or Network Operator from whom the Company buys content and/or services in order to provide the Services to the Subscriber, shall apply to the Subscriber thirty (30) days after they are notified and/or announced to the Subscriber. Any amendment to charges shall not constitute an amendment to the terms of the Agreement.
10. In case of any upgrade or downgrade of any service package there shall be corresponding adjustment of the charges towards the Subscriber so that the charges shall at all times correspond to the service package the Subscriber receives.
Equipment/Installation/Maintenance/Repair
1. The Equipment shall be provided by the Company only to the Subscriber and only for use for the purposes of the Agreement. The Company shall bear no responsibility whatsoever for any damages caused to a business, trade, occupation or otherwise as a result of the inappropriate use of the Equipment by the Subscriber.
2. For the installation of the Equipment the Subscriber must provide the Company with all necessary consents and licenses as well as with full access to the electrical and telecommunication network of the Premises. Additionally, the Subscriber shall be obliged to ensure the correct cabling of the Premises before the installation of the Equipment and arrange the appropriate space and conditions for the installation of the Equipment. Any omission by the Subscriber may result in delay to the provision of the Service without the responsibility of the Company.
3. The Company shall undertake the installation of the Equipment for the provision of Services to the Premises. If due to the arrangement, design or structure of the Premises further cabling is needed then the Subscriber shall be obliged and undertakes to pay to the Company any extra charge that may arise thereof.
4. On the day of installation of the Equipment the telephone or other service of the Subscriber at the Premises may not function for certain period of time until the completion of the installation and of the connection resulting to possible affecting or malfunction or non functioning of other systems or services of the Subscriber at the Premises, such as security systems, alarm systems, etc. The Company shall bear no responsibility whatsoever for any consequential or other damage or loss caused to the Subscriber.
5. The Company shall be obliged to respond to calls made for the repair of the Service or the Equipment. The Company reserves the right to charge the Subscriber in case that the repair is not related to any damage for which the Company is responsible in accordance with the Agreement.
6. The Company shall be responsible to install the Terminal Equipment to the master socket of the Premises which is defined as the first point to which the input cable (pair) from the terminal point of the provider ends inside the Premises.
7. The Telephone Service shall be delivered by the Company to the Terminal Equipment at the Premises. The cabling for extending the Telephone Service to additional points within the Premises shall be an exclusive responsibility of the Subscriber.
8. The Internet Services shall be delivered by the Company to the Terminal Equipment at the Premises. The cabling for extending the Internet Services or the Interactive Services to additional points in the Premises shall be the exclusive responsibility of the Subscriber.
9. The Television Service and the Interactive Services shall be delivered by the Company through the Terminal Equipment at the Premises to the television terminal equipment of the Premises. The Company shall be responsible to connect the Terminal Equipment at the Premises to the television terminal equipment of the Premises provided that these terminals are located in the same room. Any cabling beyond the room in which the Terminal Equipment at the Premises is installed or any extension of the Telephone Service to additional points of the Premises shall be an exclusive responsibility of the Subscriber.
10. Apart from the Equipment the Company shall bear no responsibility or obligation whatsoever to make any adjustments to any devices or equipment of the Subscriber.
11. The Company shall bear no responsibility whatsoever for any problem occurring to the Services as a result of deficient and/or defective and/or inadequate and/or incompatible and/or insufficient cabling to the Premises.
12. No one other than an employee or representative of the Company may interfere, add or alter the Equipment in any way.
13. The Company reserves the right to charge the Subscriber and/or suspend and/or disconnect the Services and/or terminate the Agreement and/or withhold all or part of the guarantee and/or the Subscriber may be prosecuted in case of violation of clause 6.12.
14. The Subscriber shall be held liable for any damage or loss caused to the Equipment, unless if such damage or loss is due to the Company or to its employees or representatives or due to defective construction or design or wear of the Equipment.
15. The Equipment is the exclusive ownership of the Company. In case of provision of the Equipment to the Subscriber without any charge and/or for free for commercial promotion purposes and/or otherwise, at the sole and absolute discretion of the Company, shall not in any way constitute transfer and/or free transfer of the ownership of the Equipment.
16. In case the Subscriber purchased the Equipment or any part thereof, the Subscriber is deemed to obtain a non-exclusive non-transferrable sub-license to the software of the Equipment and he shall be subject to any limitations imposed by the owner of such software and he shall at all times not make any unauthorized use of any such software.
17. Notwithstanding any other provision in clause 6., the Subscriber acknowledges and accepts that the Equipment provided by the Company is and/or may be activated for wireless broadband connection to the internet (Red WiFi enabled) and that the Company may use the Equipment to provide to subscribers other than the Subscriber the service of wireless broadband connection to the internet (Red WiFi) and the Subscriber, by signing the Agreement, consents for the Company to use the Equipment to provide the red WiFi service. Provided of course that in case that the Subscriber does not wish and notifies to this effect the Company or in case that the provision of the Red WiFi service via the Equipment affects in any way the quality of the Services of the Subscriber, the Company must immediately deactivate the said service.
Credit Scoring, Guarantee and Account limit
1. The Subscriber hereby authorizes the Company to and accepts that the Company may, if it considers it necessary at its sole and absolute discretion, investigate the Subscriber’s creditability and solvency by using or not third parties’ services and that the Subscriber’s credit scoring may be reviewed by the Company from time to time, in order for the Company to ascertain whether it will give and/or continue to give to the Subscriber any credit and/or Services. The Company may decline to give credit, open or close an account without having to give any reason.
2. The Company may, if it considers it necessary at its sole and absolute discretion, to request from the Subscriber the payment of an amount as guarantee for the provision of the Services and/or the Equipment and/or the granting of any offer. The Company may, if it considers it fit at its sole and absolute discretion, request a different amount or kind of guarantee from a certain category of Subscribers and/or increase the amount of guarantee requested from the Subscriber.
3. The guarantee shall be returned to the Subscriber without any interest upon the expiry of the Agreement and provided that the Subscriber has settled all the amounts due to the Company and has returned to the Company the Equipment in good and operational condition.
4. Apart from the payment of the guarantee, the Company shall also have the right to impose a maximum limit on the Account. The Company may revise the maximum Account limit from time to time at its absolute discretion according to the actual charges appearing on the Account. In case that the Subscriber exceeds the maximum Account limit, the Company may disconnect or suspend the Service or terminate the Agreement. The Company shall not be liable in any way for not disconnecting or suspending the Services or terminating the Agreement due to excess of the Account limit.
Provision of information and data protection
1. The Subscriber hereby declares and confirms to the Company that all the information he has provided the Company is true and correct and that he shall be obliged to inform the Company of any changes to the information provided to the Company during the Agreement.
2. All information, documents, designs, technical or other specifications, or data notified and/or exchanged between the parties pursuant to the Agreement shall be confidential. This clause shall survive expiration or termination of the Agreement.
3. The Company and the Subscriber are bound against each other to treat in strict confidence and secrecy any information or data provided by the Company to the Subscriber and vice versa, for the purposes of or pursuant to the Agreement, unless the specific information is already in the public domain or their disclosure is necessary in accordance with a court order or with the applicable legislation for the time being.
4. For purposes of internal operation or training, the Company may register and keep any details of use of the Services by the Subscriber. The Company shall act always in accordance with the applicable legislation for the time being and the terms of the Agreement.
5. By signing the Agreement the Subscriber declares that he has been informed that the Company keeps a record of personal data and he consents to the processing of personal data always in accordance with the provisions of the Processing of Personal Data (Protection of Individuals) Law of 2001, L.138(I)/2001, or any law amending or substituting same, including the provision by the Company of information regarding the Subscriber and/or his Account and/or his Services pursuant to clauses 5.8.3 and 5.8.4 of the Agreement.
6. By signing the Agreement the Subscriber declares that he has been informed by the Company that the Company may, if requested by a third party with whom the Company co-operates and/or from whom the Company receives services and/or television content and/or channels which are provided by the Company to the Subscriber, provide such third party with details of the Subscriber. The details of the Subscriber that may be provided include name, address, address of its business or of the Premises and the type or kind of subscription that the Subscriber has with the Company with respect to such third party services. The purpose for the provision of such details is to ascertain and/or confirm the correctness and/or legitimacy of the type or kind of the subscription for the suppression of illegal usage or viewing and the compliance of the Company’s obligations towards third parties. The Subscriber hereby grants his express consent for the provision of such information by the Company to any such third party as aforesaid.
Telephone Service
1. The Telephone Service concerns only fixed telephony of any kind (e.g. standard, voip, etc). The Fixed Monthly Charge shall not contain charges relating to telephone calls. Any charges relating to telephone calls shall be charged separately to the Account and the Subscriber shall be responsible for both the telephone calls and for any charges arising thereof.
2. Before signing the Agreement the Subscriber has been informed of the applicable at the time of signing of the Agreement charges for telephone calls and he accepts them. The charges applied each time for telephone calls are available on the website of the Company.
3. The Subscriber shall be solely responsible and liable for the security of his systems and equipment and for any breach, hacking or anauthorised used of them. The Subscriber shall be solely responsible and liable for any call charges in the Account irrespective if these arose as a consequence of any breach, hacking or unauthorised use of the Subscriber’s systems and/or equipment and the Subscriber is obliged to pay to the Company any such amount charged in the Account. The Company shall have no responsibility or liability whatsoever for any breach, hacking or anauthorised use of the Subscriber’s systems and/or equipment.
Mobile Telephony Service
1. The Company shall take reasonable endevours to provide quality Mobile Telephony Services. However, due to the nature of mobile telecommunications, it is impossible to provide a fault – free service and the quality and coverage of the services depends partly on the Mobile Phone, partly on the Network and partly on other providers and telecommunications networks to which the Network is connected or connects.
2. Coverage and MTS can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites or other operational or technical difficulties which means that some or all of the MTS may not be received in certain areas or at certain times.
3. Coverage and MTS can change with Network expansion or reconfiguration.
4. Due to changes and advancements in the mobile telecommunications industry, the MTS may be changed, modified, advanced or removed. The Company will try to notify the Subscriber before doing so. If any of the new MTS require new or upgraded Mobile Phone or equipment, this will be the sole responsibility of the Subscriber.
5. MTS are provided to other countries but may be subject to credit criteria and may be withheld and/or withdrawn anytime at the Company’s discretion. The terms and conditions upon which MTS and/or Mobile Phones may be used on overseas networks will depend on the country and the overseas networks. The Subscriber hereby declares and warranties to comply with such terms and conditions at all times. Not all mobile phones will work with mobile services in other countries. The Company shall have no responsibility or liability in any such case.
6. In cases that MTS will be made available in countries where charges are not immediately available, those charges will be invoiced once and upon these are received by the Company.
7. The Subscriber hereby declares and agrees not to use the Mobile Phone or the MTS for any abusive, illegal or fraudulent purpose.
8. The Company can require from the Subscriber to stop using any Mobile Phone or SIM Card immediately and/or may suspend the MTS if the Company believes that it could cause interference, has been used in an illegal or an unethical way or to spam other users or are sending an excessive number of text or other messages or if it is not approved for use in connection with the MTS.
9. If the Mobile Phone is stolen or lost, the Company must be notified immediately in order to attempt to prevent further calls being made from it. The Subscriber shall be responsible for all calls made or services accessed from the Mobile Phone up to the time the Company is notified of its loss or theft.
10. Some Services are available via the internet and, although the Company will endeavor to maintain the security of information, the Company cannot guarantee that information received or supplied when using the Services will be secure at all times. The Subscribers acknowledges that Company is unable to exercise control over, and makes no representations or warranties concerning, the security or content of data or information passing over the Network and the internet.
11. Calls are charged per second and for some calls there may be minimum call charge. Each call made is charged at the rate which is applied when the call commences.
12. Calls to access the voicemail service will be charged.
13. In case a Mobile Phone is purchased as a package with an MTS or as part of an offer of the Company, this Mobile Phone may be locked to the SIM Card which forms part of the Network. An unlocking fee may apply if the Subscriber wishes to have the said Mobile Phone unlocked.
14. It is the Subscriber’s responsibility to have at all times control of the SIM Card. Even when the SIM Card is not in the Subscriber’s possession, all charges for calls made using that SIM Card or the voicemail service will be debited to the Account. In case the SIM Card is lost or stolen the Subscriber should notify the Company immediately and request deactivation of the SIM Card. Until such notification is received by the Company and deactivation confirmed by the Company, the Subscriber shall be liable for any charges that arise.
15. If the Subscriber has acquired a Mobile Phone or other accessories, such as battery pack or mains charger, from the Company, all claims in relation to those products are covered by the relevant manufacturer warranty only, if any.
16. If the Mobile Phone does not support all of the MTS offered by the Company (either in Cyprus or abroad), the Company is not under any obligation to take any action so that any such services can be accessed. Features and access to content and MTS, may vary between different Mobile Phones.
17. If the Subscriber gets a Mobile Phone in a reduced price or free as part of a special offer, the Company reserves the right, in case of terminating the MTS during the Initial Duration, to charge a penalty and/or exit charge and/or request the return of the Mobile Phone and/or all or any of the aforesaid, at the Company’s discretion.
18. Mobile phone numbers allocated to the Subscriber are property of the Company.
19. In case the Subscriber has reserved or chosen a particular number with the Company there may be limitations as to the transfer of this number to another operator, as set out in the Company’s Number Reservation Terms and Conditions.
20. The Company reserves the right to reject a number portability request in case there are outstanding amounts due to the Company until such amounts are paid in full.
Television Service
1. The television program as notified to and/or from the Company shall not be binding for the Company and/or the Company shall bear no responsibility for any change made or becomes necessary to the television program.
2. The content of the television program received by the Subscriber shall be only that available to or transmitted by the Company during the time of the provision of the Television Service, depending on the Service package the Subscriber has applied to receive.
3. The Company reserves the right to terminate or change any television channels or programs provided to the Subscriber.
4. Rebroadcasting, retransmission, duplication, copying, recording, transcription or distribution in any way of any television program received by the Subscriber pursuant to the Agreement is prohibited.
5. The Subscriber shall be obliged to report to the Company any non authorized reception of channels or programs. In opposite case the Company reserves the right to suspend and/or disconnect the Services, terminate the Agreement and/or withhold all or part of the guarantee.
Television Services on demand
1. The Subscriber must follow correctly the instructions appearing on his screen for the purchase of an Event. The Company shall bear no responsibility for any charge incurred by the Subscriber due to non compliance with the instructions for the purchase of an Event. Moreover, the Subscriber shall be responsible for the payment of all Events regardless if these were purchased with his knowledge and/or with his consent or not.
2. It is understood that in the case of Television Services on demand the Subscriber is charged per Event ordered according to the relevant charge appearing each time on the Subscriber’s screen before ordering an Event.
Internet Services and Interactive Services
1. The Subscriber accepts that due to the nature of the Internet Services and in particular of the fact that it is a shared service it is possible that the connection speed, either download or upload, may not always and/or at all times be at the maximum stated to the Subscriber’s service package. The connection speed stated on the Subscriber’s service package is the maximum possible speed of connecting to the internet and may be subject to limitations as a consequence of use of the internet by other subscribers or due to the quality of the telephone line or due to the distance of the Premises from the telecommunications cabin. The Company shall exert continuous efforts to provide speeds as near as possible to the maxim speed of the service package. Provided that in case where that the connection speed received by the Subscriber deviates substantially (more than 30%) from the maximum speed of the service package, the Subscriber shall be entitled to either downgrade the service package to a lower speed or to terminate the Agreement without any charge, provided however that the Subscriber shall pay to the Company all the amounts due pursuant to the Agreement until the effective date of termination. In case of a downgrade of services the consideration shall be adjusted accordingly.
2. Any use by the Subscriber of the Internet Services or Interactive Services in a way that affects the smooth use of the Service by other users shall constitute misuse of the Services for which the Subscriber may be prosecuted and/or constitute a civil offence.
3. The Company shall be entitled to monitor and control the volume of data transmitted through the Interactive Services and/or the Internet Services. In case that the Subscriber exceeds the permitted use limits which apply for the Internet Services or the Interactive Services the Company reserves the right to reduce, disconnect, suspend, readjust to a different speed and/or usage limit at a respective charge, or terminate the Internet Services and/or the Interactive Services.
4. Internet Services offered via Low Usage Package are limited to web browsing and the use of email services only and are subject to restrictions. The Subscriber understands and accepts that some web pages and/or all or some internet applications may not be accessible via the LUP and declares that he does not have any claim from the Company for this.
5. In case that any of the Interactive Services is subject to any separate charge for the reception of such specific service by the Subscriber, such charge as applies each time shall appear on the Subscriber’s screen before ordering and/or receiving this specific service. By accepting and/or using any of the Interactive Services and/or any of the Services with the use of the Interactive Services, the Subscriber declares that he accepts any charges associated with the Interactive Services and/or the Services.
Fair Use Policy and Acceptable Use Policy
1. The Subscriber shall be obliged and bound to fully comply with the FUP and the AUP of the Company as these apply each time. In case that the Subscriber violates any of the terms of the FUP or the AUP it shall be considered as breach of the terms of the Agreement and the Company may, without prejudice to any other of its rights, disconnect or suspend the Service or terminate the Agreement.
PIN
1. The Subscriber shall be responsible for the security and confidentiality of the PIN and in case of its disclosure or use by third parties without his consent the Subscriber shall be obliged to report this immediately to the Company. The Subscriber shall be responsible for any charges as a result of the use of the Subscriber’s PIN until the time that the Subscriber notifies the Company of any unauthorized use of the Subscriber’s PIN.
2. The Company shall be entitled, if it considers it fit or necessary, to change the PIN but must notify the Subscriber immediately of such change.
Exclusion of Liability
1. The Company shall bear no responsibility whatsoever for breach of the Agreement due to force majeure, act of god, fire, earthquake, war, terrorist act, natural disaster, flood, civil disorder, strikes or lockouts, uproar, governmental action or administrative act, legislation or any technical damage or interruption or damage in the fixed telecommunication network or telecommunication networks of third parties or any other cause beyond the Company’s control.
2. The Company is not responsible for the quality, adequacy and security of third party networks used and/or to be used for the provision of the Services, as well as for the non reception and/or satisfactory reception of the Services due to the equipment of the Subscriber or to inappropriate use and/or misuse of the Equipment or to inadequate or inappropriate infrastructure of the Subscriber in the Premises (including cabling) and shall have no responsibility to replace, maintain, upgrade or fix either the equipment or the infrastructure of the Subscriber.
3. The Company shall bear no responsibility for any damage and/or harm incurred by the Subscriber and/or any third party due to the temporary and/or permanent disconnection of the Service.
4. The Company does not guarantee that the provision of the Services will be continuous, prompt, secured or inerrable or that the Services will be available at any time or location.
5. The Company is not liable for any loss of profit, loss of business, loss of use, interruption of business, or other indirect, special, incidental, or consequential damage of any kind that may arise out of the interruption of Service, including without limitation, interruption due to Subscriber’s fault or for technical reasons or for reasons of maintenance or upgrade of the Services, and is not liable for costs of procurement of substitute goods or services, nor for any charges on the Invoice or in the Account as a result of breach, hacking or anauthorised use of the Subscriber’s systems and/or Equipment and/or Mobile Phone and/or Services, for which charges the Subscriber shall be solely responsible and liable.
6. In case of disconnection and/or suspension of the Services for technical reasons or reasons of maintenance or upgrade, the Company shall give relevant notice to the Subscriber provided that this is practically feasible and shall make every effort to restore the Services as soon as possible.
7. The Company shall not be liable for any advertisement, products, services, programs or other material available through the Service or for any claim which is connected with the Service or the use or content of the Service.
8. The Company shall bear no responsibility whatsoever in case that the Subscriber uses the Services in an offensive, abusive, dishonest, indecent, disagreeable manner and in general in any manner which contravenes the good morals and/or legislation and/or violates the rights of any third party.
9. The Subscriber undertakes, accepts, agrees and is obliged to keep the Company covered and indemnified from any damage that the Company shall suffer duie to a breach of the Agreement by the Subscriber and/or from any claim of any third party against the Company as a consequence of acts and/or omissions of the Subscriber.
Whole Agreement/Amendment/Update
1. This Agreement constitutes the whole agreement between the Parties in relation to the Services and it replaces all previous agreements between the Parties for the provision by the Company to the Subscriber of any of the Company’s home services and/or packages.
2. The Company shall be entitled to amend and/or update the terms of the Agreement if this is imposed by the amendment of any law or regulation or after a decree or directives of any regulatory, judiciary, governmental or other competent Authority or if the Company considers at its absolute discretion that this is required for purposes of maintaining or improving the Services or for rendering better and/or more efficient operation of the Company, or for purposes of uniformity and equal treatment of all its subscribers.
3. Any amendment and/or update shall be published at the website of the Company or in the daily press and shall come into force from the date specified by the Company.
4. It is understood that the Company will give to the Subscriber thirty (30) days notice for the proposed amendment, either by notification to the Subscriber or by announcement in the daily press or on the Company’s website. The Subscriber is obliged to visit the Company’s website regularly and update himself with the updated terms of the Agreement. In case that the Subscriber does not accept any of the amended terms, excluding any amendments resulting from the amendment of any law or regulation or after a decree or directives of any regulatory, judiciary, governmental or other competent Authority, or from the updating of the terms of the Agreement as a consequence of their constant review by the Company and provided that such an amendment does not have a material adverse effect on the Subscriber’s rights he may terminate the Agreement without any penalty by giving thirty (30) days written notice to the Company in which it will be stated that the reason for terminating is the non acceptance of the amendments and specifying as well which amendment or amendments he does not accept. Upon expiration of the aforesaid thirty (30) day period, it is deemed that the Subscriber accepts the amendments and the Agreement is amended accordingly.
Suspension /termination/cancellation/damages/reconnection
1. The Subscriber shall be obliged to pay all reconnection or disconnection expenses as well as any other expenses and/or charges that may arise due to any suspension and/or disconnection and/or termination and/or cancellation of the Services.
2. Without prejudice to any other provision of termination of the Agreement either party reserves the right to terminate the Agreement without any penalty in the following cases:
  1. if the Company terminates the provision of the Services for any reason,
  2. if the level of provision of Services is not in accordance with the Decree,
  3. if it is established by the Company that the quality of the Service was degraded in accordance with clause 2.4 or it is not the agreed one,
  4. if the MTS cannot be activated due to a defective SIM Card as provided in clause 3.2,
  5. if the Subscriber or the Company requests non renewal of the Initial Duration in accordance with clause 4.2,
  6. if the Subscriber or the Company after the expiry of the Initial Duration request, by giving thirty (30) days written notice, that the Agreement be terminated.
  7. if the Subscriber does not accept any amendment made to the Agreement in accordance with clause 17.3.
3. In case that the Subscriber is in breach of any of the terms of the Agreement and/or the Subscriber does not pay any amounts due for any of the Services, the Company shall be entitled to terminate the Agreement and/or all of the Services and/or the Service for which amounts are due, as the Company may decide in its sole and absolute discretion, with a notice in writing having immediate effect.
4. The Subscriber shall be entitled to terminate the Agreement with a notice in writing within thirty (30) days from the date of finding out any violation of a term of the Agreement by the Company.
5. On the expiry or termination of the Agreement (for any reason) the Subscriber shall be obliged to return the Equipment to the Company in good and operational condition within three (3) days from the date of the termination or expiration of the Agreement, otherwise the Subscriber shall be liable to pay the value of the Equipment.
6. In every case of termination of the Agreement the Subscriber shall be obliged to pay every remaining amount due to the Company. It is understood that the Subscriber shall continue to be charged and be obliged to pay any amounts arising for the Services, irrespective of whether the Subscriber was receiving the Services or not, until the date the Equipment is delivered to the Company, unless the Subscriber returned the Equipment in accordance with clause 18.5.
7. Any issue that will arise in relation to damage and/or refund shall be regulated according to the breach, its duration and seriousness, the duration of the agreement, the liability of the Parties, including possible co-liability and the efforts of each Party to resolve any problem. Provided that nothing in this clause shall limit either Party’s right to apply for remedy to the appropriate court.
Notices
1. Any notice of the Company to the Subscriber in relation to the Agreement may be given via the Invoice or email or telefax or an announcement in the press or an announcement in the Company’s website or sms to the Subscriber’s mobile.
2. Any notice of the Subscriber to the Company must be in writing either by letter or by telefax or by email.
3. In case of change of any details of the Subscriber (personal or contact) the Subscriber must notify the Company of the new details within five (5) days from their amendment, otherwise any notice of the Company given to the stated on the First Page or to the last stated address or telefax number or email address or mobile telephone number, shall be deemed a valid notice for the purposes of the Agreement.
Law/Jurisdiction/Settlement of Disputes
1. The Agreement shall be governed and interpreted in accordance with the laws of the Republic of Cyprus.
2. Jurisdiction for the settlement of any dispute that may arise pursuant to the Agreement shall have the competent courts of the Republic of Cyprus.
3. Notwithstanding clause 20.2 the Subscriber may apply to the Commissioner in accordance with the provisions of the Law for the settlement of any dispute or disagreement that may arise pursuant to the Agreement.
4. All the terms of the Agreement are essential and breach of any term by the contracting parties is material and entitles the innocent party to terminate the Agreement and claim lawful damages.

PRIMETEL's FAIR USE POLICY

PrimeTel PLC (“PrimeTel”), based on the experience and knowledge gained so far and considering the feedback received from its customers, has implemented as from 1st of May 2007 this Fair Use Policy (“FUP”) so that it can continue to deliver broadband services that are fast and reliable to all its customers. The FUP must be read in conjunction with PrimeTel’s Terms and Conditions and Acceptable Use Policy (“AUP”).

The FUP provides that PrimeTel monitors the performance of its network and may restrict the amount of bandwidth available to customers (including any user of PrimeTel’s network) with heavy usage during busy periods to ensure that all or at least the majority of its customers get the most out of the service. This applies to all customers using PrimeTel’s broadband services including unlimited broadband.

In addition, customers who frequently use excessive bandwidth to the detriment of others will be contacted by PrimeTel to be advised of this, requested to change their behaviour for the benefit of the rest of the customers and if feasible offered alternative courses of action. In cases where customer’s usage remains high to the detriment of other customers in breach of the FUP, PrimeTel may discontinue or suspend or terminate the services of this customer. This will enable PrimeTel to offer a fair service to the rest of its customers.

Any such discontinuance, suspension or termination will be without prejudice and will not negate or cancel any obligations of the customer, including financial obligations, towards PrimeTel pursuant to the agreement between them.

PrimeTel reserves the right to amend the FUP any time it deems it necessary. The changes to the FUP will be posted to the web site of PrimeTel and will become effective upon their posting, unless otherwise specified by PrimeTel. Subject to the provisions of any law or regulation or of any order from any appropriate authority, the aforesaid posting will also be considered as notification to the customer and it is the customer's responsibility to ensure awareness of any changes in the FUP.

PrimeTel's Acceptable Use Policy

Please read the following Acceptable Use Policy ("AUP") carefully. The AUP together with the Terms and Conditions for the provision of services (“T&C”) and the Fair Use Policy (“FUP”) of Primetel Limited (“PrimeTel”) regulate your access to and usage of PrimeTel’s services.

Interpretation

“Network” means PrimeTel’s network or any other network used by PrimeTel for the provision of the Service.
“Service” or “Services” means the access to the Internet or the use of applications which utilize Internet Protocols.
“User” means the customer or subscriber of PrimeTel or anyone who uses or has access to the Network or the Service.

Scope

The AUP defines and regulates the use of the Service and the User must comply with it following also every specific recommendation PrimeTel may in its discretion make to the User from time to time.

Illegal Use

During the use of the Services the User may have access to web pages of specific content or to particular services through them and must be 18 years old as defined by law. The Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade name, trade secret or intellectual property rights or any other right used without proper authorisation and material that is obscene, defamatory, constitutes an illegal threat or violates any law or regulation.

The Network

The User acknowledges that PrimeTel is unable to exercise control over the content of the information passing over the Network and therefore, is not responsible for the content of any message whether or not the posting was made by a User.
The Network may be used to link into other networks worldwide and the User agrees to conform to the acceptable use policies of these networks.
The User undertakes to conform to the Internet protocols and standards.
The User may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with the Service to any user, host, or network (referred to as "denial of service attacks").
Without prejudice to the foregoing, any application that overloads the Network by whatever means will be considered as making profligate use of the Network and will as such NOT be permitted. Use of IP multicast other than by means provided and co-ordinated by PrimeTel is likewise prohibited.
The User acknowledges that the availability of the Services is also dependent upon reasonable usage of the Network. The User further acknowledges that PrimeTel reserves the right to manage the Traffic of Users whose usage PrimeTel considers to be either not consistent with or appropriate for the Services or detrimental to the other Users who share the Network.
Users sending or receiving malicious or illegal material or Traffic will be suspended or disconnected upon detection by PrimeTel. PrimeTel understands that in some cases the User may not be aware of or responsible for the origination of such material or Traffic, in which case PrimeTel will work with the User to resolve the issue and restore normal service as efficiently as possible.
Users who violate systems or Network security may incur criminal or civil liability. PrimeTel will co-operate fully with investigations of suspected criminal violations, violation of systems or Network security under the leadership of law enforcement bodies or other appropriate authorities.

System and Network Security

Violations of system or Network security are prohibited and may result in criminal and civil liability. PrimeTel will investigate incidents involving such violations and will involve and will co-operate with all appropriate authorities if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
1. Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorisation of the owner of the system or network;
2. Unauthorised monitoring of data or Traffic on any network or system without the express authorisation of the owner of the system or network;
3. Interference with any service of any User, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
4. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
If approached with complaints relating to any system or network violations, PrimeTel will co-operate and assist the Police and any other appropriate authority with their investigations in order to bring such misuse and violations to an end.

E-Mail

It is explicitly prohibited to send unsolicited bulk e-mail messages ("junk mail" or "spam") of any kind, including commercial advertising, political tracts, announcements, etc.
It is also explicitly prohibited to allow others to send unsolicited bulk e-mail messages or viruses either directly or by relaying through the User's system or using the Service.
The User must ensure that his/her system cannot be relayed through and must not forward or propagate chain letters or malicious e-mail.
A User must not solicit e-mail for any other address other than that of the User, except with full consent of the owner of the address in question.

Web space

It is the User’s responsibility to back up their web space content. Upon discontinuation, suspension or termination of Services the content of a User’s web space may be removed by PrimeTel without prior notice or notice.
PrimeTel may modify, remove or suspend web space content without prior notice or notice if the AUP is breached in any way.
Web space usage must be in full compliance with the AUP.
Any content that has potential to offend other Internet users, whilst within the law or the T&C, contained in a User’s web space must be preceded by an appropriate content warning, to warn the viewer that should they continue they may find the resulting images offensive.
The User is wholly responsible for the content stored on the User’s web space and must ensure that all appropriate intellectual property rights or other permissions are obtained and that the aforesaid permissions are made available when requested by PrimeTel. Failure to produce such permissions may result to the removal of the content.
Any content that results in abnormal data volume use that adversely impacts the Network or the Services may be removed without prior notice or notice.

PrimeTel is not Responsible for Content

PrimeTel is not responsible for the content of any Newsgroup posting, whether or not the posting is made by a User.
PrimeTel is not responsible for the content of material and information published by others (including a User) that are accessible via the Services or the Network and does not accept any liability or responsibility for any such publication.
PrimeTel reserves the right to remove, at its sole and absolute discretion, any material from any server under its control without prejudice to any of its other rights under the AUP, the T&C or any law or regulation.

Protection and Indemnity by User

The User is obliged and agrees, undertakes and commits to keep PrimeTel fully covered and indemnified from any claim that may be brought against PrimeTel by anyone as a result of the use of the Service by the User and in relation to all kinds of losses, expenses, actions, procedures, claims, damages, costs (including legal costs and expenses) or liabilities that arose or accrued either directly or indirectly to PrimeTel as a result of such use of the Service or of breach of or non compliance to the AUP by the User and to pay every cost, damage, adjudicated amount (including legal costs and expenses) which shall be imposed on PrimeTel emanating from the above claims and to provide PrimeTel with complete information for these claims and full authorization and the necessary support to defend, compromise or settle these claims.

Monitoring/Recording of communications

PrimeTel does not monitor and does not control the content that arises from the use of the Service. However, PrimeTel reserves the right, according to the provisions of the applicable legislation for the time being, to monitor, control, supervise and disclose all necessary information required by law, legal or court procedure, regulation or order of any appropriate authority, notifying in parallel the User for these actions.
Any complaints regarding illegal use or system or Network security issues, email abuse, Newsgroup abuse or spamming or any other issue regarding the AUP should be sent to abuse@prime-tel.com

Amendment

PrimeTel reserves the right to amend the AUP any time it deems it necessary.
The changes to the AUP will be posted to the web site of PrimeTel and will become effective upon their posting, unless otherwise specified by PrimeTel.
Subject to the provisions of any law or regulation or of any order from any appropriate authority, the aforesaid posting will also be considered as notification to the User and it is the User's responsibility to ensure awareness of any changes in the AUP.

Breach/Termination

PrimeTel reserves the right to discontinue, suspend or terminate the Service and/or any other service to the User immediately and without prior notice or notice if the User is in breach of any aspect of the AUP.
In case of discontinuance, suspension or termination of the Service due to breach by the User of the AUP PrimeTel shall not have any obligation to indemnify the User and is entitled to withhold all or part of the User’s deposit for the provision of the Service or of any services by PrimeTel.
Any discontinuance, suspension or termination will be without prejudice and will not negate or cancel any obligations of the User, including financial obligations, towards PrimeTel pursuant to the agreement between them.
Actual, indirect or attempted violation of the AUP by anyone on behalf of the User or using the User’s system or services or a User's end user (with or without the knowledge or consent of the User) shall be considered violation of the AUP by the User.

Number Reservation Terms and Conditions

By selecting the number reservation service of Primetel PLC (the “Company”) you can reserve a number for the Primetel Prepaid Mobile Service under the terms and conditions contained herein and subject to the terms and conditions of the Company for the provision of services.
All numbers that can be reserved are listed in the Company website (www.primetel.com.cy/mobile) and are subject to availability.
Number reservation is subject to the Company’s approval and to the receipt of the relevant payment in cleared funds.
Number reservation can only be done via the use of a valid credit or debit card.
Up to three (3) numbers can be reserved per card. If for any reason more than three numbers are reserved under the same card the Company reserves the right to cancel the extra numbers.
If the Company has any doubt or suspicion about the card details or authorisation or validity, or that any payment may be fraudulent, the Company reserves the right to decline the payment and the reservation procedure, at its sole discretion.
A number reservation application cannot be cancelled after submission or payment. If for any reason you wish to cancel the number reservation you may do so by informing the Company in writing, however the Company may withhold the whole or any part of the number reservation fee to cover the Company’s administration costs.
If for any reason the number reservation procedure is not completed through any fault of the Company any payment made to reserve a number will be refunded by the Company upon production of satisfactory proof that this was due to the fault of the Company.
The reserved number can only be used upon successful completion by you of the number reservation procedure, payment of the number reservation fee and the unconditional acceptance of the Company’s terms and conditions of service. Primetel is not obliged to provide any service until fulfilment of these conditions. Reserved numbers are subject to the same terms and conditions as all the other subscribers and the Company has the right to revoke the number in accordance with the terms and conditions of service.
Reserved numbers cannot be transferred to another operator before the expiry of 12 months from the date of their activation (the date the first call was completed). By reserving a number you accept that you will not transfer and that you waive any right to transfer a reserved number to another operator for at least 12 months from the date of its activation (the date the first call was completed).
The reserved number is and remains at all times the property of the Company and you cannot resell, transfer or otherwise part with the reserved number or the services provided therewith to a third party.

Terms and Conditions for Primetel's Prepaid Mobile Services

Definitions

"Activation" and "Active" means the use of our Service and consequential reduction of the preloaded credit in Pay as you Go Account or Topping up.
"Activation Date" means the date on which the first call is completed.
"Agents" means any contractors, providers, dealers or agents appointed by us to perform any of our obligations under this Agreement.
"Agreement" means these terms and conditions between us and you.
"Bar" means suspending access to Services and may be either an out-bar, restricting use of the Mobile Phone for making calls and accessing the Services, or an in-bar, restricting use of the Mobile Phone for receiving calls and accessing the Services, or both.
"Commissioner" means the Commissioner of Electronic Communications and Postal Regulation.
"Connection Pack" is a SIM card with preloaded airtime credit which will connect you to the network.
"Inactive" means no Top-up of your Pay as you Go Account for a period of 7 days after the expiry of the Recharge Validity Period applicable to the last Top-up.
"Law" means the Regulation of Electronic Communications and Postal Services Law of 2004 as amended from time to time.
"Mobile Phone" means a mobile phone or other mobile telecommunications device through which you get the Service.
"Network Operator" means any entity with whom we have entered into a interconnection agreement or arrangement (directly or indirectly providing for the passing of customer generated or customer destined communications between us and that entity.
"PIN" is the secret personal identification number assigned to you or created by you for the purpose of accessing certain Services.
"Pay as you Go" means the prepaid Primetel service with which you are provided from us Services through the Connection Pack.
"Pay as you Go Account" is the account where your monetary credit is stored, and from where the cost of calls and any other Service are deducted.
"Recharge Validity Period" means in relation to preloaded credit provided on your Mobile Phone at connection, 30 days, and in relation to recharge cards, the validity period marked on each recharge card beginning from its Activation Date.
"Service" means the mobile telecommunications network services and related products and services, including Voice, Messaging, SMS, Data, etc, that are made available to you by us, either directly or through our agents from time to time.
"SIM Card" is the subscriber identity module needed to operate your Mobile Phone and through which you are connected to our network, and includes any SIM Card issued to you by us.
"Top-Up" means loading additional monetary credit to your Pay as you Go Account by any means made available by us from time to time and "Topping-Up" and "Topped-Up" have corresponding meanings.
"we" or "us" means PRIMETEL PLC and "our" has a corresponding meaning.
"you" means the customer under this Agreement and "your" has a corresponding meaning.

Acceptance & Term

By purchasing a Connection Pack you have become a customer of Primetel Pay as you Go prepaid service according to these terms and conditions.
This Agreement begins upon your purchase of a Connection Pack and shall continue until it is terminated in accordance with these terms and conditions.

Coverage, Maintenance and Service

We will take reasonable endevours to provide quality Services. However, due to the nature of mobile telecommunications, it is impossible to provide a fault – free Service and the quality and coverage of the Services depends partly on your Mobile Phone, partly on our network and partly on other providers and telecommunications networks to which our network is connected or connects.
Coverage and Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion maintenance, outages on other networks and provider sites or other operational or technical difficulties which means that you may not receive some or all of the Services in certain areas or at certain times.
Coverage and Services can change with network expansion or reconfiguration.
Because of changes and advancements in the mobile telecommunications industry, the Services may be changed, modified, advanced or removed. We will try to notify you before doing this in introducing new Services. If any of our new Services require new or upgraded Mobile Phones or equipment, you will be responsible for obtaining that new or upgraded Mobile Phone or equipment.
Voice messaging is part of the Services we provide. When the facility is available, you are responsible for changing the PIN ("Voice Messaging PIN") from preset number and setting your own Voice Messaging PIN for the voicemail Service and keeping that information confidential. You acknowledge responsibility for all access into and out of the voicemail Service and for any charges incurred as a result, whether or not you reset the Voice Messaging PIN. In the interest of others, we must limit the number and duration of messages that can be left on your voicemail Service. You are also responsible for setting your own password(s) for access to any email Services made available to you through the Services and for keeping that information confidential.
You may make local, national and international calls, text messages, access the internet and use other Services. Calls are charged in accordance with clause 4.
Services are provided to other countries subject to you meeting our credit criteria and may be withheld and/or withdrawn anytime at our discretion. The terms and conditions which you may use overseas networks will depend on the country you are visiting and the foreign networks and you warranty to comply with such terms and conditions at all times. You accept that not all mobile phones will work with mobile services in other countries.
You may not make operator assisted calls, collect calls, special number calls, or any calls where charges are not immediately available. In cases that you will be allowed to make calls where charges are not immediately available you will be charged for those charges once and upon these are received by us and in case of insufficient funds in your Pay As You Go Account these charges will be deducted on the next Top-Up.
We may stop or suspend any particular Service. If we do so, we will try to tell you in advance. We will also try to tell you about any substitute Service we are able to provide.
You agree to follow our instructions about the use of the Service and ensure that everyone you are responsible for also meets your responsibilities arising from this Agreement when using your Mobile Phone. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible if anyone else, whether authorized by you or not, uses or misuses your Mobile Phone or our Services.
You agree not to use your Mobile Phone or the Services for any abusive, unethical, illegal or fraudulent purpose. If you do so or we suspect that you did or attempt to do so either to our detriment or to the detriment of any third person then we have the right to suspend and/or terminate the Services, without any prior notice.
In case that the Connection Package is preloaded with any initial airtime bonus, such initial airtime bonus (i) will be used/utilized first, (ii) is not transferable and (iii) will expire 30 days after the Activation Date.
We can require you to stop using any Mobile Phone or SIM Card immediately and/or we may suspend the Service if we believe that it could cause interference, you have used it in an illegal or an unethical way, or to spam other users or are sending an excessive number of text or other messages, or if it is not approved for use in connection with the Services.
Using or agreeing to use the Services does not give you any rights in any part of the Services.
You agree that if you will not use your Mobile Phone in accordance with these conditions we may restrict or suspend your use of the Services.
If your Mobile Phone is stolen or lost, you must contact us immediately so that we may attempt to prevent further calls being made from it. You will be responsible for all calls made or Services accessed from your Mobile Phone up to the time you advise us of its loss or theft, notwithstanding any prepay card limit.
Some Services are available via the internet and, although we will endeavor to maintain the security of information, we cannot guarantee that information you receive or supply when using the Services will be secure at all times. You acknowledge that we are unable to exercise control over, and make no representations or warranties concerning, the security or content of data or information passing over our network and the internet.
If you experience any problem with the Services you should contact us in order to investigate any potential maintenance issues and use reasonable endeavors to arrange rectification.

Charges & Payment

Call charges are set out in our web site. We can vary these charges from time to time by providing one month's notice or as required by the Law or by a competent authority. There may be additional charges for data and other Services. We reserve the right to charge you a reasonable fee if you request information about your calls or other Services.
No bill will be issued for your use of the Pay as you Go Service.
Each call you make is charged at the rate which is applied when the call commences. A chargeable call can only be made if you have a credit balance in your Pay as you Go Account covering the minimum call charge.
Calls are charged per second and there is no minimum call charge.
Your Pay as you Go Account should be Topped-up with the selected prepaid amount. Your ability to make calls (except emergency calls) will cease when the credit on your Pay as you Go Account is zero or has expired, even if you are on a call.
We reserve the right to change or remove the method by which you prepay for Services on the network.
We are not responsible for any calls being cut off where your airtime credit has been used up.
Calls to access your voicemail Service will be charged.
In case you buy a Mobile Phone with your pay as you go connection to our network, this Mobile Phone may be locked to the SIM Card which forms part of our network. An unlocking fee may apply if you wish to have the said Mobile Phone unlocked.
It is your sole responsibility that you have at all times control of your SIM Card. Even when the SIM Card is not in your possession, all charges for calls made using that SIM Card or your voicemail Service will be debited from your Pay as you Go Account. You should notify us immediately if you lose your SIM Card, or if it is stolen, so that it can be deactivated.
All monetary credit on your Pay as you Go Account is specific to your SIM Card. You may make a balance transfer only to other Primetel Pay as you Go Accounts or SIM Cards, subject to acceptance by the receiving party and respecting the safety limits. These limits are published on our web site and may change from time to time.

SIM Card and PIN

If you lose or damage your SIM Card you will need to purchase a new SIM Card or a new Connection Pack. In this event any unused monetary credit in your Pay as you Go Account may at our discretion be transferred to your new SIM Card.
For your own protection, you should PIN protect your SIM Card and access to the voicemail Service with your own PIN that is confidential to you. Do not disclose or record your PIN on or near the SIM Card or your Mobile Phone.
Your responsibilities for charges against your SIM Card are detailed under the Charges and Payment section of this Agreement.

Provision of Hardware and Additional Services

If you have acquired a Mobile Phone or other accessories, such as battery pack or mains charger, from us, or from one of our dealers or agents, all claims in relation to those products are covered by the relevant manufacturer warranty only, if any.
If your Mobile Phone does not support all of the Services offered by us in Cyprus and/or overseas, we are not under any obligation to take any action so that you can access any such Services. Features and access to content and Services, may vary between different Mobile Phones.
We do not make any warranty as to the accuracy, completeness or currency of any content or material which you may access or have provided to you, using our Services and we accept no responsibility or liability for the quality or nature of Services provided by a third party.
Content or material which you may access or have been provided to you, using our Services, is for your use only. You may not forward such content or material to any third party or interfere with it in anyway.
You agree that you are responsible for ensuring that you have the right to send all data and information that you send when using the Services. You acknowledge that we may alter any data or information that you send when using the Services in order to enable delivery of that data or information to the recipient.
If you get a Mobile Phone in a reduced price or free as part of a Special Offer or Price Plan we reserve the right, in case of terminating the Service, prior to the minimum required duration (which we be as advertised, depending on the Mobile Phone or Price Plan) to charge a penalty and/or exit charge and/or request the return of the Mobile Phone and/or all or any of the aforesaid.

Mobile Phone Numbers and Numbers Transfer

Mobile phone numbers allocated to you by us are Primetel's property.
We may be required by law, under contracts with other Network Operators or for other reasons to change your Mobile Phone number(s). We will do our best to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such change.
If you or we disconnect your connection to the Services, we may allocate your Mobile Phone number to another customer.
In case you have reserved or chosen your number with us there may be limitations as to the transfer of this number to another operator as set out in our Number Reservation Terms and Conditions.
We reserve the right to reject a number portability request in case there are outstanding amounts due to us until such amounts are paid by you.

Data Protection

You agree that we and our Agents can collect information about you and the way in which you are using the Services. This information may be obtained from you or we will obtain it from our records. You may ask to see personal information we have about you and ask us to correct any information that is not correct.
You agree that we and our Agents can use and hold this information and share it with one another, for a range of lawful purposes connected with our business operations.
Some personal information can be shared with other Network Operators so you can make and receive calls, so we can transfer numbers from one network to another and to monitor or investigate fraud. We may also need to give your personal details to emergency services or other agencies as required by Law.
If we offer and you choose Caller ID Restriction (CLIR), we will prevent your number being shown on any receiver. Your number may still be displayed to emergency or other services, when you send a text message and to us. Where you do not choose CLIR, your number may be displayed to the person you have called.
Subject to any rights you may have under the Processing of Personal Data (Protection of Individuals) Law of 2001, we will not be liable to you, or to anyone else, for the content or lack of confidentiality of any Services you use, or any disclosure we must make by law or are requested to make by a law enforcement agency.

Limitation of Liability

We have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider or retailer. We do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses or any other form of economic loss.
We will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our reasonable control.
Except as expressly set forth in this Agreement, all conditions, warranties and representations implied by statute, common law or otherwise in relation to our provision of the Services are hereby excluded to the fullest extent permitted by law.
The maximum liability we have towards you under any circumstances is limited to the value paid for the Connection Pack and/or your last Top-Up, whichever is less.

Transferring Responsibilities

We may transfer to someone else the whole of this Agreement and/or any interest in our network.

Ending or Suspending this Agreement

You may end this Agreement simply by ceasing to use your Pay as you Go service.
Where your Pay as you Go account has become Inactive but you wish to resume Service, you will need to purchase a new Connection Pack. You will be deemed to have entered into a new agreement with us on the terms and conditions applicable on Activation of your new Connection Pack (or any package that contains a new SIM Card).
If your Pay as you Go Account becomes deactivated: You will lose your allocated Mobile Phone number; Primetel will own any credit balance in your pay as you go Account; You will lose any names or numbers stored on your SIM Card; You will lose voicemail in relation to your allocated phone number.
We can immediately suspend, Bar or restrict your use of any or all of the Services or disconnect your connection at our discretion without liability on our side if: any or our licences to operate our network is ended or suspended or any interconnection agreement with any other Network Operator expires or is ended or you are in breach of any of the terms and conditions in this Agreement; you make abusive, offensive, malicious or nuisance calls or communications, or use any of our Services in an offensive way; you are abusive or offensive to us, our dealers or agents, or any other person; we suspect you of using the Services for any illegal or fraudulent activity; all of the Services are permanently or temporarily (for any reason) unavailable to you; your Pay as you Go Account becomes Inactive; you tamper with or modify any SIM Card or any recharge card issued by us for Topping-up your Pay as you Go Account other than in accordance with instructions given to you by us; for any other reason we believe that it is appropriate to do so.
The text messaging Service may be suspended from your Pay as you Go Account if you use it with an insufficient airtime credit balance or if you do not comply with this Agreement.

Rights and Responsibilities that Continue

Ending this Agreement does not affect any of the rights or responsibilities which are intended to continue or to come into existence after this Agreement ends, including (without limitation) any obligation you may have to return any Primetel equipment you may have on loan from us or any of our dealers or Agents, or to pay any amounts due to us.

Network Operators and Other Suppliers

We have certain obligations towards other Network Operators and our dealers, Agents and suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services and our network, including (without limitation) your access to and use of any provider's site or Network Operator's networks.

Notices and Variations of Charges, Terms and Price Plans

We reserve the right to increase/decrease or remove any of our charges and/or benefits from time to time and/or introduce new charges. Any such changes will be made publicly known providing one month's notice to you.
We reserve the right to remove or change any Price Plans or other offers we may have offered from time to time or replace them with new Price Plans or offers.
We may amend or replace these terms and conditions from time to time whether upon the direction of the Commissioner or otherwise by providing one month's notice. The amended or replaced terms and conditions will then apply to the Services. We will tell you about this by posting the amended or replaced terms and conditions on our website.

Administration Charges

Where you require us to provide you with technical support, or administration Services (including, as applicable, Service suspension, call barring, call redirection), we may charge you for the costs we incur in carrying out these Services. If you require prior notification of our current charges please contact us. This may include a call charge for contacting our Customer Services at 133 and 1888.

Agents

We may appoint an Agent to provide Customer Services.
Any Mobile Phone supplied to you by our Agent has been supplied by our Agent acting in its right and not as our Agent. We accept no responsibility for any matters relating to the Mobile Phone supplied by our Agent.

Cyprus Law & Disputes

This Agreement is governed by the laws of Cyprus and you submit to the jurisdiction of the Cyprus courts.

Waiver

If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.

Severability

If, based on the legislation in force, one or more of the provisions included in this Agreement is invalid, illegal or non-executable in any way, the validity, legitimacy and executability of the remaining provisions included in this Agreement will not be affected in any way and the Agreement will be read as if the invalid, illegal or non-executable provision or its part had not been excluded.

Special Terms and Conditions for the granting by Primetel PLC of one laptop computer Lenovo G570G at a privileged subsidized price

These Special Terms and Conditions (“STC”) are additional to the GTC and apply to Subscribers who choose to benefit from the particular offer of the Company for the granting of one laptop computer in a privileged subsidised price, under the terms and conditions of the Agreement.
In case of conflict or contradiction between the STC and the GTC then the provisions of the STC shall prevail.
In these Special Terms and Conditions:
1. Any capitalised words or phrases not defined in these Special Terms and conditions shall have the meaning attributed to them in the General Terms and Conditions.
2. The following words and phrases shall have the meaning attributed to them below:
  1. «Computer» means Lenovo Laptop G570G: Intel Celeron B800, Windows 7, Screen 15,6” High Definition, 2GB Ram, 320 GB Hard Disk Drive, DVD, WiFi, Web Camera or any other computer with the same or other specifications, which the Company may choose at its sole and absolute discretion, which the Company shall give to the Subscriber under the terms and conditions of the Agreement.
  2. «Initial Duration» or «ID» means the duration of the Agreement in which these STC also apply and which is twelve (12) months from the date of signing the Agreement.
  3. «Offer» means this offer pursuant to which the Subscriber may obtain the Computer at the Special Price pursuant to the terms and conditions of the Agreement.
  4. «Offer Package» means any of the Company’s home use packages, namely and/or including «Telephone + Internet 4Mbps», «Telephone + Internet 2Mbps + Television», «Telephone + Television», or «Fastnet: Internet + Telephone».
  5. «New Subscriber» means a person or premise who is not a subscriber of the Company and wishes to contract with the Company in any of the Offer Packages.
  6. «Subscriber» means a New Subscriber.
  7. «Special Price» means the privileged subsidised by the Company price at which the Company offers the Computer to those Subscribers who choose to benefit from the Offer and it is 12 monthly instalments of €18,00 including V.A.T. each.
  8. «Supplier» means the company from which the Company shall be supplied the Computer for the Subscriber. Unless otherwise notified the Supplier is A.T. Multitech Corporation Limited the contact details of which are set out at the end of these STC.
The Offer is valid for New Subscribers who are entitled to the Offer and to get the Computer provided that the following conditions are met cumulatively:
1. The Subscriber shall sign an Agreement with the Company for the Initial Duration in one of the Offer Packages.
2. The Subscriber shall pay the Special Price to the Company by instalments during the duration of the Initial Duration.
3. The payment of the charges for the Services and the Special Price shall be made by direct debit / standing order from the Subscriber’s bank account or by automatic charge of the Subscriber’s credit card.
4. There will be successful connection of the Premises for the provision for the Services.
The Company may, if it deems it necessary at its sole and absolute discretion, not to grant the Offer to any Subscriber and/or to request from the Subscriber as a guarantee a monetary or other deposit for the granting of the Offer. The Company may, if it deems it necessary at its sole and absolute discretion, to request a different amount or kind of guarantee for a certain category of Subscribers or to request the increase of the amount of guarantee by the Subscriber.
The Offer does not apply and it is not available for old or temporarily disconnected Subscribers who have outstanding balances or for Subscribers who have requested cancellation of their Services irrespective of whether the cancellation was completed or not.
The Offer cannot be redeemed with cash or with credit or with a discount in Services, nor can it be combined with any other offer.
The Computer can only be collected by the Subscriber from the addresses stated on the coupon to be issued to the Subscriber upon signing of the Agreement or from any other collection point that the Company will notify to the Subscriber at the time of signing the Agreement. For the collection of the Computer the Subscriber must present a valid identification document, e.g. Identity Card, Passport or Driver’s Licence and the relevant coupon issued to him by the Company. The Computer can be collected ten (10) Working Days after the date of successful installation of the Equipment and connection and activation of the Services.
Unless otherwise provided in the Agreement, the Agreement cannot be terminated prior to the expiry of the Initial Duration. In case of termination of the Agreement by the Subscriber without fault of the Company or by the Company due to the fault of the Subscriber at any given time during the Initial Duration the Subscriber shall, in addition to the payment in full of all and any amounts due to the Company and the return of the Equipment, pay to the Company the difference (if any) between the amounts already paid for the Computer and the Special Price.
In case of premature termination of the Agreement, as above, the Subscriber, expressly, unequivocally and unconditionally authorises the Company, to immediately charge directly either the Subscriber’s bank account or credit card for the payment to the Company of any amounts that must be paid pursuant to the Agreement.
The Company is not the manufacturer or the importer or the seller or the reseller or the supplier of the Computer and consequently cannot and does not assume any responsibility or provide and does not provide any guarantee or make and does not make any representation in relation and/or with regard to the Computer.
Any obligation for the provision of any guarantee and/or repair and/or replacement for the Computer is the sole and exclusive responsibility of the Supplier. The Company does not make any representation with regard to the Computer and bears no responsibility for any defect or malfunction or other problem of the Computer.
The Company is not responsible for the installation of any software on the Computer. This is the sole responsibility of the Subscriber.
The Company does not guarantee that the Computer shall be compatible with audiovisual, electronic, electrical or other apparatus that may be connected to it and vice versa.
The installation cost of either the Computer or software to it, the cost of maintenance or repair of the Computer and any other cost that may arise in relation to the Computer is the sole responsibility of the Subscriber.
The Company is not responsible for any direct, indirect, consequential unwanted results that may arise from the installation and/or use of the Computer.
The Company reserves the right to cancel the Offer or to amend its terms and regulations without notice.
The Company is allowed to change the Supplier at any time at its sole and absolute discretion. In case of change of Supplier the full details of the Supplier shall be notified to the Subscriber upon delivery of the Computer.

Special Terms and Conditions for the granting by Primetel PLC of one iPad2: 16GB, 3G WiFi at a privileged subsidized price

These Special Terms and Conditions (“STC”) are additional to the GTC and apply to Subscribers who choose to benefit from the particular offer of the Company for the granting of one iPad2: 16GB, 3G WiFi in a privileged subsidised price, under the terms and conditions of the Agreement.
In case of conflict or contradiction between the STC and the GTC then the provisions of the STC shall prevail.
In these Special Terms and Conditions:
1. Any capitalised words or phrases not defined in these Special Terms and conditions shall have the meaning attributed to them in the General Terms and Conditions.
2. The following words and phrases shall have the meaning attributed to them below:
  1. «Computer» means iPad2: 16GB, 3G WiFi or any other computer with the same or other specifications, which the Company may choose at its sole and absolute discretion, which the Company shall give to the Subscriber under the terms and conditions of the Agreement.
  2. «Initial Duration» or «ID» means the duration of the Agreement in which these STC also apply and which is twenty four (24) months from the date of signing the Agreement.
  3. «Offer» means this offer pursuant to which the Subscriber may obtain the Computer at the Special Price pursuant to the terms and conditions of the Agreement.
  4. «Offer Package» means any of the Company’s home use packages, namely and/or including «Telephone + Internet 4Mbps», «Telephone + Internet 2Mbps + Television», «Telephone + Television», or «Fastnet: Internet + Telephone».
  5. «New Subscriber» means a person or premise who is not a subscriber of the Company and wishes to contract with the Company in any of the Offer Packages.
  6. «Subscriber» means a New Subscriber.
  7. «Special Price» means the privileged subsidised by the Company price at which the Company offers the Computer to those Subscribers who choose to benefit from the Offer and it is 24 monthly installments of €18,00 including V.A.T. each.
  8. «Supplier» means the company from which the Company shall be supplied the Computer for the Subscriber. Unless otherwise notified the Supplier is JHDM Trading Ltd the contact details of which are set out at the end of these STC.
The Offer is valid for New Subscribers who are entitled to the Offer and to get the Computer provided that the following conditions are met cumulatively:
1. The Subscriber shall sign an Agreement with the Company for the Initial Duration in one of the Offer Packages.
2. The Subscriber shall pay the Special Price to the Company by installments during the duration of the Initial Duration.
3. The payment of the charges for the Services and the Special Price shall be made by direct debit / standing order from the Subscriber’s bank account or by automatic charge of the Subscriber’s credit card.
4. There will be successful connection of the Premises for the provision for the Services.
The Company may, if it deems it necessary at its sole and absolute discretion, not to grant the Offer to any Subscriber and/or to request from the Subscriber as a guarantee a monetary or other deposit for the granting of the Offer. The Company may, if it deems it necessary at its sole and absolute discretion, to request a different amount or kind of guarantee for a certain category of Subscribers or to request the increase of the amount of guarantee by the Subscriber.
The Offer does not apply and it is not available for old or temporarily disconnected Subscribers who have outstanding balances or for Subscribers who have requested cancellation of their Services irrespective of whether the cancellation was completed or not.
The Offer cannot be redeemed with cash or with credit or with a discount in Services, nor can it be combined with any other offer.
The Computer can only be collected by the Subscriber from the addresses stated on the coupon to be issued to the Subscriber upon signing of the Agreement or from any other collection point that the Company will notify to the Subscriber at the time of signing the Agreement. For the collection of the Computer the Subscriber must present a valid identification document, e.g. Identity Card, Passport or Driver’s License and the relevant coupon issued to him by the Company. The Computer can be collected ten (10) Working Days after the date of successful installation of the Equipment and connection and activation of the Services.
Unless otherwise provided in the Agreement, the Agreement cannot be terminated prior to the expiry of the Initial Duration. In case of termination of the Agreement by the Subscriber without fault of the Company or by the Company due to the fault of the Subscriber at any given time during the Initial Duration the Subscriber shall, in addition to the payment in full of all and any amounts due to the Company and the return of the Equipment, pay to the Company the difference (if any) between the amounts already paid for the Computer and the Special Price.
In case of premature termination of the Agreement, as above, the Subscriber, expressly, unequivocally and unconditionally authorises the Company, to immediately charge directly either the Subscriber’s bank account or credit card for the payment to the Company of any amounts that must be paid pursuant to the Agreement.
The Company is not the manufacturer or the importer or the seller or the reseller or the supplier of the Computer and consequently cannot and does not assume any responsibility or provide and does not provide any guarantee or make and does not make any representation in relation and/or with regard to the Computer.
Any obligation for the provision of any guarantee and/or repair and/or replacement for the Computer is the sole and exclusive responsibility of the Supplier. The Company does not make any representation with regard to the Computer and bears no responsibility for any defect or malfunction or other problem of the Computer.
The Company is not responsible for the installation of any software on the Computer. This is the sole responsibility of the Subscriber.
The Company does not guarantee that the Computer shall be compatible with audiovisual, electronic, electrical or other apparatus that may be connected to it and vice versa.
The installation cost of either the Computer or software to it, the cost of maintenance or repair of the Computer and any other cost that may arise in relation to the Computer is the sole responsibility of the Subscriber.
The Company is not responsible for any direct, indirect, consequential unwanted results that may arise from the installation and/or use of the Computer.
The Company reserves the right to cancel the Offer or to amend its terms and regulations without notice.
The Company is allowed to change the Supplier at any time at its sole and absolute discretion. In case of change of Supplier the full details of the Supplier shall be notified to the Subscriber upon delivery of the Computer.

Voucher Terms and Conditions

Vouchers are valid for 1 year from the date of their issuance.
Voucher redeemable on any item in PrimeTel Plc stores including fixed or mobile bills, top-up vouchers or handsets.
No change given on vouchers.
Vouchers must be used either 100% to credit account or 100% to buy services. No mixture.
If the value of an order exceeds the value of the voucher the remaining balance must be paid in cash.
Cannot combine the use of gift vouchers with other promotional and discount offers / vouchers.
Please note that any age limitations that apply to the purchase of products still apply when payment is made in whole or part with vouchers.
All voucher codes are single use only and will expire upon use.
PrimeTel Plc reserves the right to refuse any voucher or redemption if the original voucher is not presented or if there is any suspicion of fraud.

Refer a Friend Scheme Additional Terms and Conditions

Only existing activated retail subscribers of PrimeTel Plc fixed or mobile pay monthly packages can refer a friend.
New subscribers must register for a pay monthly mobile plan, before registering to any additional PrimeTel service.
New subscriber must be a new home consumer (not Businesses or Corporate).
The voucher is posted to the existing subscriber after the payment of the first bill by the new subscriber.
There is no limitation to the numbers of friends one can refer.
Acceptance of your Refer a Friend voucher code is deemed acceptance of these terms and conditions.

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Special Terms and Conditions for the granting by Primetel PLC of one laptop computer Lenovo G570G at a privileged subsidized price

Special Terms and Conditions for the granting by Primetel PLC of one iPad2: 16GB, 3G WiFi at a privileged subsidized price

Voucher Terms and Conditions

Refer a Friend Scheme Additional Terms and Conditions