Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
This agreement is made today between Kernel Consultants Ltd, a company which holds a license under the Regulation of Electronic Communications and Postal Services Law of 2004, as amended, based in Paralimni (hereinafter referred to as “the Company”) on the one hand and the subscriber whose particulars appear in the SPECIAL CONDITIONS FOR THE PROVISION OF SERVICES (hereinafter referred to as “the Special Conditions”) on the first page of this Agreement (hereinafter referred to as the “Subscriber”) on the other hand, whereby it is agreed as follows:
Other Provider: means any legal or natural person other than the Company which provides electronic communication services.
OCECPR: means the Office of the Commissioner of Electronic Communications and Postal Regulation.
Network: means the network of the Company, which is used by the Company for the provision of services, including any infrastructure and/or any equipment, terminal points and/or cables which may be installed inside or outside the Subscriber’s premises.
Equipment: means the equipment listed in the Special Conditions and any additional equipment that the Company may supply to the Subscriber for the purpose of providing the Services.
Private Use: means entertainment, educational, informative purposes and any other purposes of personal nature, by which use reselling or making available for a fee to third parties is strictly prohibited.
Legislation: means any law of the Republic of Cyprus in force from time to time and includes every secondary legislation issued by virtue of it, including Decisions, Directions and Decrees of the OCECPR.
Installation Point: means the first point of provision of the Internet installation at the Premises or, where clause 3.6. of this Agreement applies.
Services: means the services generally provided by the Company in its scope of work, including without limitation, basic telecommunication services (such as VoIP, SIP and Broadband Internet), methods of payment (at the Company’s stores, through third parties, or electronically), printing and sending of bills for the services, itemized bills or statements regarding the use of services, support services for any of the services (either on the spot, via telephone, or remote access) and installation services and repairs of the Services.
services: means the service or services specifically offered by the Company to the Subscriber which are mentioned in the Special Conditions and any additional services which may be added after a verbal or written request by the Subscriber to the Company.
Premises: means the house, apartment, business or any other place of residence of the Subscriber where the installation of the Services is made.
2. DURATION OF CONTRACT
2.1. This Agreement is valid for twelve (12) months from the day of its signing, unless otherwise specified in the Special Conditions. This Agreement is automatically renewed upon its expiry for a further period of twelve (12) months each time, unless either of the parties notifies the other party in writing at least thirty (30) days before the expiry date that it does not wish its renewal.
3. INSTALLATION – ACTIVATION OF SERVICES
3.1. At the time of the signing of this Agreement or as soon as possible thereafter, the Subscriber is obliged to provide the Company with any document, authorization and consent, which is necessary in order to enable his lawful connection to the Network and the activation of the Services or any other documents which the Company may reasonably request at its discretion. Furthermore, the Subscriber is obliged to provide any guarantee, of a monetary or other nature, that the Company may request at its discretion. No work for the connection to the Network will begin before the fulfillment of all the above.
3.2. The Company is acting under a procedure which aims at the activation of the Service within thirty (30) working days of the provision or securing of all necessary and/or requested documents, authorizations, consents and guarantees. In the event of delay, the Company will notify the Subscriber, so that he may be aware of the progress of the installation process and of any problems. Further, in the event of unjustified delay, the Subscriber will be entitled to terminate this Agreement in writing, unless the delay is due to force majeure or the Subscriber is responsible for the delay.
3.3. The Company has the right not to connect the Subscriber to the Network and/or not to activate the Services in the following cases:
(a) in the event that it considers that the Subscriber is not creditworthy or that the Subscriber has failed to pay any amounts due to the Company which have become due and payable,
(b) in the event that the Company’s Network is not available or there are no available and appropriate resources to enable the Subscriber’s connection,
(c) in the event that, due to problematic infrastructure at the Premises, it is not possible to install the Services or ensure the level of quality required for the provision of the Services or there is a risk that the Company’s Network will suffer damages or problems, or
(d) for any other reasonable cause. In such a case the Company shall promptly inform the Subscriber and this Agreement shall be terminated automatically, without the Subscriber having any claim except for the return of any guarantee in accordance with the provisions of this Agreement.
3.4. In case of a submission of a portability application from any Other Provider (hereinafter “the Service Provider”) to the Company:
(a) At the time of the signing of this Agreement or as soon as possible thereafter, the Subscriber shall provide every document or authorization which is required to be provided to the Company in accordance with the Legislation in force at the time, for the purpose of being forwarded to the Service Provider in order to make the portability possible.
(b) The Subscriber will not terminate the telecommunication services provided by the Service Provider before the respective Services of the Company are activated.
(c) When the Company is informed by the Service Provider, the Company will inform the Subscriber of the date of activation and portability and will take all necessary measures for the portability of telecommunication services.
(d) The Company has no responsibility for any delay or any other problem which may occur in the process of portability, including failure of portability, which is caused by an act or omission of the Subscriber or the Service Provider.
(e) In the case of cancellation of the portability application by the Subscriber, the Company, without prejudice to any other rights it may have, shall be entitled to claim from the Subscriber any fees or other expenses incurred in the course of dealing with the application.
3.5. The Services will be connected and the equipment will be installed at the Installation Point. It is the obligation of the Subscriber to provide appropriate space for the connection and to ensure its safety, as well as to prepare the relevant space and to install the necessary infrastructure.
3.6. In the event of supply of a connection through wireless radio link, the Subscriber is fully responsible for the electrical wiring and the quality thereof from the main distribution panel to the Premises and for the wiring within the Premises. If existing conduit cannot be used, then permission from the subscriber must be given in order to drill access holes for the ethernet cable.
3.7. The Services of Fixed Wireless Broadband Access (through a wireless radio link) that are generally delivered via the Equipment, are delivered and tested on the PoE ethernet point. Any connection of the Equipment with the internal network of the Premises is the responsibility of the Subscriber.
4. PROVISION OF SERVICES
4.1. The Company is responsible for the smooth functioning of the Network and the proper provision of the Services and takes all necessary technical and administrative measures in order to safeguard the security of the Network and of the services at a level proportionate to the degree of risk, taking into account the cost of the implementation of these security systems and the latest technical capabilities. In the event that there is a risk of a breach in the Network security, the Company will inform the Subscriber of the said risk and all the possible ways to prevent it, including the relevant cost.
4.2. The Company complies with the quality standards, specifications and/or functions which are required under its license and/or the decisions, directives and other acts of OCECPR or any other provisions of the relevant laws and/or regulations.
4.3. The equipment is provisioned to be able to achieve the nominal speed of broadband access Services, however, the Company does not guarantee to the Subscriber the achievement of any particular speed, as this typically depends on the circumstances at the time of access and possibly on technical parameters which are beyond the control of the Company.
4.4. The Company has no responsibility for the quality, efficiency, security and general operation of networks and services of Other Providers. Consequently, the Company shall not be liable for any problems in relation to the quality, efficiency, security and operation of the Services when they are also dependent on the networks of Other Providers. More specifically, without limitation, the Company is not responsible for the quality of telephone calls (incoming or outgoing), to the extent that the call originates from another network or terminates to another network. The above apply, by analogy, to the e-mail and broadband access services also.
4.5. The Company has no responsibility in the event that any of the Subscriber’s equipment does not work due to incompatibility or for any damage which may be caused to it. The Subscriber is responsible for any damage suffered by the Company in the case where such equipment causes damage to the Network or the Equipment or affects the provision and/or quality of the Services.
4.6. The Company has the right to monitor and control the volume of data transmitted through the broadband access Services. If the subscriber exceeds the current permissible limits of use which apply to broadband access Services (or when these have not been specified in this Agreement, reasonable usage limits that can be set by the Company in its sole discretion) the Company will have the right to interrupt, suspend and/or reduce the broadband access Services or readjust them to a different speed for as long as it deems necessary at its absolute discretion.
4.7. The Company will take all reasonable necessary steps to repair any damage and/or malfunctioning of the Services caused by the Network or the Equipment. The Company is not responsible for any other damage and/or malfunctioning, including without limitation, damage and/or malfunctioning which is due to the networks of Other Providers or the equipment of the Subscriber or any acts or omissions of the Subscriber.
4.8. The Company may, stop or alter the Services, temporarily or permanently, for reasons which aim at ensuring the functionality and/or integrity and/or the provision of services, the protection of data transmitted or stored in the Network and the confidentiality of any such data and the protection of privacy. The Company shall, whenever practically possible, give prior notice to the Subscriber of any plans to stop or alter the Services.
4.9. The Services are provided strictly and solely for Private Use and they shall be used only by the Subscriber or by persons residing with the Subscriber in the Premises. The direct or indirect supply or resale of services to third parties is prohibited.
4.10. The Company is not responsible for any failure or difficulty in the use of the Services which is due to the unsuitability or incompatibility of the terminal or other equipment of the Subscriber and is not responsible for any replacement, maintenance or upgrading of such equipment.
4.11. Broadband access services are generally provided, unless otherwise stated in the Special Conditions, without a fixed or public Internet Protocol (IP) address.
4.12. Subject to any obligation deriving from Legislation, the Company does not guarantee that the Services will be uninterrupted, on time, secure and/or without any problems.
4.13. The Company examines complaints or requests submitted in writing by the Subscriber in relation to the order, installation, commencement or termination, invoicing, quality of the services, repair of any damage or other matters related to the Services, within a reasonable time of their submission.
5. SUBSCRIBER OBLIGATIONS
5.1. The Subscriber warrants the truth and accuracy of the information which he provides to the Company at any time and is obliged to notify the Company in writing of any change in the information provided within five (5) working days of the change.
5.2. The Subscriber is obliged to use the Services in accordance with the Legislation in force from time to time, good faith and commercial practice and ethical conduct and is prohibited from using the Services in a way that causes problems or obstacles to the provision of services by the Company to other persons and/or to the use of the services, including the level of quality thereof, by any other subscriber.
5.3. The Subscriber is obliged to permit authorized persons of the Company to enter the Premises and to allow them access to the electricity and telecommunications network which is installed there, for the purposes of connecting the Services, installing the Equipment, maintaining or repairing the Network or the Equipment or of any other acts related to the execution of this Agreement. The Subscriber is obliged to indicate to such authorized persons the exact location of the covered parts of any other installations (such as electricity, water, etc.) of the Premises or of the building in which the Premises are situated, in order to prevent damage to such installations and consequential loss. The Subscriber shall be responsible for the safety of these persons and must indicate to them any potential risks. The Subscriber must secure in time any third party consent which is required for the said access and/or execution of the above mentioned works and/or other acts.
5.4. The Subscriber is responsible and the Company bears no responsibility for the proper functioning of the internal network of the Premises after the Installation Point.
5.5. The Subscriber is not entitled to interfere or allow or tolerate the interference in any manner with the Network or Equipment, except as expressly provided in this Agreement.
5.6. The Subscriber must notify the Company of his intention to connect any specialized equipment (e.g. alarm, fax, POS, etc.) to the Network or the Equipment.
5.7. In case of breach of any obligation of the Subscriber under the terms of this Agreement, the Company, without prejudice to the right to terminate this Agreement or to its right to claim damages or to any other legal rights it may have, may suspend or temporarily disconnect the Services without any notice and the Subscriber will be obliged to pay any costs of disconnection, reactivation, reconnection and/or any other costs based on the official pricelist of the Company in force from time to time, depending on the circumstances.
5.8. The Subscriber will keep himself informed regularly on the General Terms and Conditions for the Provision of Services and the fees and charges, applicable from time to time, from the website or from the points of sale of the Company.
5.9. The username and the corresponding password (hereinafter referred to as “the Password”) are issued strictly for personal use. The Subscriber must act carefully and take all security measures available, including the frequent change of the Password in order to prevent unauthorized use of the Password. In case of loss of the Password or of its use by a third party, without the consent of the Subscriber, the Subscriber must immediately notify the Company in writing. The Company takes no responsibility for any security breach or violation or loss of email messages that results from the improper use of the email by the Subscriber.
5.10. The Subscriber declares responsibly that, in the event that he receives detailed billing for the telephone Services, he shall inform all persons who reside in the Premises and who use the Services, of this fact and he will indemnify the Company for any damages which it may suffer as a result of his omission to do so.
5.11. The Subscriber will immediately notify the Company in the event that he ceases to be in possession of the Premises and this Agreement will be automatically terminated, without prejudice to the right of the Company to claim damages for early termination and/or of any other rights of the Company in accordance with the provisions of this Agreement and/or the Legislation.
5.12. The Subscriber shall immediately inform the Company as soon as he becomes aware of any disruption or failure or malfunctioning of the Services.
6.1. The Company is the owner of the Equipment and shall continue to be so after its installation, unless otherwise specifically agreed in the Special Conditions or other agreement of supply of the Equipment that ownership of the Equipment is transferred to the Subscriber. At the time of the signing of this Agreement, or at a later stage, the Company will deliver to the Subscriber the Equipment and for the duration of this Agreement the Company shall give the right to the Subscriber to use the Equipment. The Subscriber shall be obliged to give to the Company access to the Equipment for any purpose related to the execution of this Agreement.
6.2. The Subscriber shall be liable for any damage, destruction or loss of the Equipment, even if it is due to causes outside the Subscriber’s control. Provided that the Subscriber shall not be liable for fair wear and tear or defective Equipment or for damage, destruction or loss which is due to any act or omission of the Company or its employees or representatives.
6.3. If it is established by the Company that the Equipment is defective, the Subscriber will be entitled to return the defective Equipment to the Company and the Company will deliver to the Subscriber other equivalent Equipment. It is clarified that the Subscriber is not entitled to any reduction to the agreed fees or charges for the inability to use the Services due to the defective Equipment.
6.4. During the period of this Agreement, the Subscriber is obliged:
(a) To use the Equipment only at the Installation Point within the Premises, in accordance with the relevant instructions of use.
(b) Not to interfere with the Equipment, including replacement with non-approved equipment by the Company, repairs, alterations or additions thereto and also not to allow or tolerate any such interference by any other person who is not an employee of the Company or a technician duly authorized by the Company.
(c) To keep the Equipment at a suitable place at the Installation Point.
(d) To immediately inform the Company in case of damage, destruction or loss of Equipment.
6.5. For the duration of this Agreement, the Company is obliged:
(a) To resolve any technical problems related to the operation of the Equipment.
(b) To repair the Equipment or replace it, at its own discretion, without charging the Subscriber when the Equipment is damaged, destroyed or lost due to fair wear and tear or due to its defectiveness or due to any act or omission of the Company or its employees or representatives. In all other cases, the Company will repair or replace the Equipment and charge the Subscriber. During the repair of the Equipment, the Subscriber is not entitled to any reduction in the agreed fees or charges.
6.6. In the event of expiration or earlier termination of the Agreement for any reason, the Subscriber shall immediately return the Equipment to the Company in the good condition in which he had received it, except fair wear and tear or damage for which he is not responsible as mentioned above. In the case of failure to return the Equipment or any part thereof, the Subscriber shall pay to the Company an amount equal to the purchase price of equivalent new equipment in accordance with the price list of the Company applicable from time to time.
6.7. If the equipment has wireless access, the Subscriber must use the available technical means to restrict access to authorized users only.
7. CHARGES AND PAYMENTS
7.1. The Subscriber declares that he has been informed of the fees and other charges relating to the services, which are applicable at the time of the signing hereof and that he agrees that the Company has the right to amend the said fees and charges during the period of this Agreement, subject to the provisions of the Legislation.
7.2. The fees and charges applicable at any time are published on the Company’s website www.cosmoswireless.net. The Subscriber may also obtain information about such fees and charges from the customer service center by dialing the number 77787800 and from the local branches of the Company.
7.3. The Company will issue an invoice and/or statement to the Subscriber on a monthly basis whereby it will charge in advance the monthly subscription for the following month as well as any fees for the Services, installation, repairs and any other charges under this Agreement related to the previous month. The Company will issue its first invoice in the month following the date of activation of the Services and will charge, together with the subscription for the following month, the subscription for any previous months, proportionately if necessary based on the number of days from the date of the installation of the Services.
7.4. In the case of omission by the Company to issue any invoice or other charge within the period specified in this Agreement, such invoice will be issued at a later stage when the Company becomes aware of its omission to issue it.
7.5. The Subscriber is responsible for the settlement of invoices and/or statements for the Services, even if the Services were not used or were used by a third party.
7.6. All invoices and/or statements will be paid by the payment date which is specified on them. Refusal or failure to pay any amount due or any part thereof by the date specified, gives the Company the right to temporarily suspend the Services or terminate this Agreement in accordance with the provisions of clause 13.4., at the Company’s discretion and without prejudice to any other legal rights it may have. Furthermore, it is agreed that the Company can impose interest on any overdue amount at a rate equal to the base rate of the European Central Bank plus 5% or 9% interest, whichever is higher, from the date any amount becomes payable until final payment.
7.7. In case of suspension of the provision of the Services, as mentioned above or for any other reason provided for in this Agreement, the Subscriber is obliged to pay all amounts due with interest plus any reactivation fee and to provide any monetary or other guarantee that may be required by the Company at its discretion in order to reactivate the provision of the Services. The Subscriber will not be eligible for any reduction of charges for Services due to their suspension.
7.8. The Company shall have the right to impose and/or adjust the fees and charges for its services whenever it wishes, irrespective of whether for any specific service there was a charge or not at the time of entering into this Agreement. The Company will notify the Subscriber of any such adjustment and of his/her right to terminate this Agreement in the case of increase of the fees or charges that affect him/her. The notice will be given either by publication in the press or on the Company’s website or in any other manner permitted by the Legislation, and, unless otherwise specified in the notice, the adjusted fees and/or charges shall become effective not less than thirty (30) days after such notice.
7.9. The Subscriber may challenge any invoice and/or statement and/or any part thereof in writing within ninety (90) days of its issuing. If the said period expires without the Subscriber challenging the invoice and/or statement in writing, the invoice and/or statement shall be deemed accurate and it may not be challenged by the Subscriber. The challenge of the invoice and/or statement or part thereof does not suspend the obligation of the Subscriber to pay it. A credit note will be issued by the Company, in the case that a mistake in the billing of the Subscriber is established. If the challenge is not accepted, the Company reserves the right to charge the Subscriber with the costs of the investigation thereof.
7.10. The Company has the right to set a credit limit for the Subscriber in relation to the making of telephone calls or for any other service amenable to such a limit, at its absolute discretion. When this limit is reached, the Company will be entitled to issue a relevant invoice and/or to temporarily suspend the provision of the relevant Services until the invoice is settled.
7.11. Any guarantee received by the Company when entering into or during the period of this Agreement or in the duration of this Agreement shall be returned to the Subscriber without interest upon the termination of this Agreement, provided that the Subscriber has paid all amounts due, has returned the Equipment to the Company and has fulfilled all his obligations towards the Company. The Company will be entitled to deduct from the amount of the guarantee any amounts due by the Subscriber, including, without limitation, compensation for loss and/or damage to the Equipment and any other compensation due for breach of this Agreement.
8. CONFIDENTIALITY OF COMMUNICATIONS – PROTECTION OF PERSONAL INFORMATION
8.1. The Company will take the appropriate technical and organizational measures required by the Legislation to ensure the confidentiality of any communication which is made through the Network and the Services and also of the related traffic data. The Company will not intervene and/or will not allow the intervention on the Subscriber’s communications and the related traffic data without the consent of the Subscriber and of other relevant users except in the circumstances provided by the Legislation and with the permission and/or order of the Court, where this is required. Provided that this provision does not affect any lawful recording of any conversation and related traffic data which is permitted in the course of the legitimate business practice of the Company.
8.2. The Subscriber declares that he is aware that the Company maintains a record of personal data and he expressly consents to the processing of personal data concerning himself for purposes relevant to or concerning the execution of this Agreement and the provision of the Services or any other legitimate purposes according to the Processing of Personal Data (Protection of Individuals) Law 2001.
8.3. The Subscriber expressly consents that personal data concerning the Subscriber, including without limitation traffic data, billing data and any other data related to the use of the Services, which is collected or held by the Company, be held and used by the Company for its smooth operation and for the carrying out of its activities and duties as a provider of electronic communications. The Company undertakes to hold and process such data subject to the provisions of the Legislation in force from time to time and to the provisions of this Agreement.
8.4. The Subscriber expressly consents that, in the course of the interconnection of the Network with the telecommunication networks of Other Providers for the provision of interconnection services, personal data concerning the Subscriber be transmitted to the said Providers solely for the costing of the services provided, even if the concealment of such personal data has been requested.
8.5. The Subscriber will receive ordinarily a non-analytical account of telephone calls. The Subscriber shall be entitled at any time to request, in writing, the provision of an analytical account and the Company will send such an account, provided that in the event that the Services are also used by other users, the Subscriber provides a written declaration that the said users have been informed that the Subscriber will receive an analytical per telephone call account. The analytical account will not disclose the last three (3) digits of the dialed number, unless the Subscriber requests in writing the disclosure thereof and provides the Company with any consents or other documents required for this purpose by the Legislation. Any changes to the instructions as regards the type of account which will be sent by the Company to the Subscriber must also be given in writing.
8.6. The Company will maintain telephone directories of its subscribers and the data contained in these directories may be communicated through telephone directory services or sold directly or may be made available indirectly to the public, subject to the provisions of the Legislation. The Subscriber may, if he so wishes, choose to be listed in such directories and the Company will list the Subscriber using the personal information recorded in the Special Conditions.
8.7. If the Subscriber has given his consent in the Special Conditions to receive informative material, the Company may use his personal data for the purposes of forwarding to him informative material concerning the commercial promotion of its services or the provision of services of added value. In such a case, the Subscriber gives his express consent in relation to the processing of any data or information held by the Company concerning himself which may be used or serve the Company for this purpose, provided that their processing is not prohibited by the Legislation.
8.8. The Subscriber agrees and expressly consents to the Company to include the Subscriber, at its absolute discretion, in the database of any credit rating company or of a company with similar objectives, if the Subscriber does not fulfill his financial obligations towards the Company under this Agreement.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Anything which has been or will be inserted by the Company into its Network and which is the object of intellectual and/or industrial property rights, or is a trademark or a patent, is intended solely and exclusively for the personal use of the Subscriber under the terms of this Agreement.
9.2. Anything which is subject to a right referred to in paragraph 9.1., is and continues to be the property of the Company and/or of associates and/or third parties who have authorized its use by the Company and may not be reproduced, decompressed, copied, reissued, amended, announced, broadcast, translated, adapted, modified or altered in any other way or by any means and/or in any way by the Subscriber, except upon the receipt of the prior written permission of the Company given specifically for such purpose. If the Company provides the Subscriber with any software, the Subscriber will have a non-exclusive right to use it for the purpose and for the duration of the provision of the Services and has the duty to act always in accordance with the directions and instructions of the Company and the relevant Legislation.
10. FORCE MAJEURE
10.1. The Company will have no responsibility for any failure or delay in complying with the terms of this Agreement or of any one of them, when this is due to causes beyond its control, including, without limitation, force majeure, weather conditions, wars, strikes, accidents, terrorist acts, sabotage, governmental prohibitions, actions of any Cypriot, European Community or other Authorities, embargo, change, disruption or damage to the public fixed telecommunications network or to the telecommunications networks of third parties, court decisions, and generally any causes for which the Company is not responsible.
11. AMENDMENT OF THE TERMS OF THIS AGREEMENT
11.1. The Company may unilaterally amend the present Agreement by giving at least one (1) month’s notice to the Subscriber. Provided that the Company may amend this Agreement unilaterally with immediate effect where this is necessary for the purpose of compliance with Legislation in force from time to time and/or with secondary legislation and/or decisions, directives and other acts of the OCECPR or of any other competent Authority.
11.2. Without prejudice to the provisions of paragraph 11.1 above with regard to immediate effect, the Company notifies the Subscriber regarding the proposed amendment, either by publication in the press or on the Company’s website or by letter or other notice in writing or by any other means permitted by Law, at least one (1) month before the date of implementation of any proposed amendment. Furthermore, the Company informs the Subscriber of his right to terminate this Agreement without penalty if he does not accept the amendment.
12. LIMITATION OF LIABILITY
12.1. The Company has not made nor is it implied that it has made any representations and has not given any guarantees of quality, merchantability, suitability for a particular purpose or otherwise in relation to the Services or in relation to any other service, except to the degree expressly provided in this Agreement.
12.2. The Company will bear no responsibility for any personal injury, damage to property, loss of profit or for any other direct or indirect damage that may be suffered by the Subscriber or any third person as a result of and/or in relation to the termination or suspension of the Services or the malfunctioning of the Services or the Equipment.
12.3. The Company will bear no responsibility for any personal injury, damage to property, loss of profit or for any other direct or indirect damage that may be suffered by the Subscriber or any third person as a result of and/or in relation to the negligent or improper execution of or omission to execute any term of this Agreement or any act or omission of the Company or its servants or agents which constitutes a breach of contract and/or a tort and/or a contravention of the Legislation.
12.4. Without prejudice to the generality of paragraphs 12.2 and 12.3 hereinabove, the Company shall not be liable for:
(a) the security, authenticity, accuracy or confidentiality and the suitability of the data received, sent or stored by the Subscriber from the Internet through the Services and/or the Network,
(b) any direct or indirect material or non-material damage which may be suffered by the Subscriber or any third party due to accessing the Internet, through the Services and/or the Network,
(c) any disputes which may arise between the Subscriber and other subscribers or third parties and which are due to messages, data, or information circulating through the Network or the Internet,
(d) any advertisement, products, services, programs or other material or information or generally anything which is made available or is received through the Services,
(e) possible use of the Services by the Subscriber in a way that is offensive, abusive, dishonest, indecent, harassing or in a manner contrary to morality and/or the Legislation or
(f) any direct or indirect material or non-material damage which may be suffered by the Subscriber due to the loss of data which is stored on the transmitters, servers or computers of the Company.
13. TERMINATION – SUSPENSION/TEMPORARY DISCONNECTION OF SERVICES
13.1. This Agreement is terminated immediately and without any notice, in the event that the Company terminates, for any reason, the provision of the Services or any of the services, which constitute the subject matter of this Agreement, without the Subscriber having any claim except as regards the return of any guarantee in accordance with the provisions of this Agreement.
13.2. After the expiry of the period specified in paragraph 2.1 of this Agreement and without effect to the right of termination specified in the said clause, each Party will be entitled to terminate this Agreement at any time, by giving at least thirty (30) days written notice to the other Party.
13.3. In case of breach of any term of this Agreement, the innocent party will have the right to terminate this Agreement by notifying the guilty party in writing, setting a deadline of twenty (20) days for compliance. The guilty party must cease the breach, rectify the consequences of its actions and comply immediately with its obligations within the set deadline and inform accordingly the innocent party in writing. If the guilty party does not perform all the actions mentioned above, this Agreement will be automatically terminated upon the expiry of the deadline without any further notice being required. In case of repetition of the breach of this Agreement for which notice had been given already by the same party, the innocent party may give to the guilty party written notice of termination with immediate effect.
13.4. In the case of refusal, omission or delay of the payment of any amount due by the Subscriber for a period of thirty (30) days from the date it becomes payable, the Company shall have the right to terminate this Agreement without notice and the provisions of paragraph 13.3 will not apply in this case.
13.5. In the event of expiration or prior termination of this Agreement for any reason, the Subscriber is obliged to pay the disconnection fee on the basis of the price list of the Company applicable at the time.
13.6. The Company may, without any prior notice, suspend (deactivate) or temporarily disconnect the Services provided to the Subscriber, in the event of breach by him of any term of this Agreement, without prejudice to its right to terminate this Agreement and/or to claim damages and without prejudice to any other legal rights it may have. In the event of suspension or temporary disconnection of the Services, in order to reactivate or reconnect them, the Subscriber will be obliged to pay the reactivation or reconnection fee on the basis of the price list of the Company applicable at the time.
14. ASSIGNMENT OF RIGHTS
14.1. The Company is entitled to assign its rights and/or obligations under this Agreement to any other person.
14.2. The Subscriber is not entitled to assign any of his rights and/or obligations under this Agreement.
15. DISPUTE RESOLUTION – APPLICABLE LAW
15.1. The parties are obliged to exercise, in good faith, every possible effort to resolve any possible dispute in relation to this Agreement.
15.2. If the resolution of the dispute is not achieved, then either of the parties may refer the dispute to the Commissioner of Electronic Communications and Postal Regulation in order for the dispute to be resolved in accordance with Law No.112(I)/2004, as amended or substituted from time to time and/or resort to a competent Court of the Republic of Cyprus.
15.3. Subject to the dispute resolution powers of the Commissioner of Electronic Communications and Postal Regulation, the parties submit to the exclusive jurisdiction of the Cypriot Courts for the resolution of any dispute which may arise.
15.4. The terms of this Agreement are governed by and interpreted in accordance with the Cyprus law.
16.1. Except where otherwise provided by this Agreement, every notice by the Company to the Subscriber will be sent to the Subscriber by post or by e-mail or fax. The notice will be sent to the last known address or e-mail address or fax number which the Subscriber has given or notified in writing to the Company.
16.2. Provided that, notwithstanding the above methods of notification, the Company may also notify the Subscriber in any other suitable manner, including the publication of the posting of a notice on its website, the publication of an announcement in the press or through media advertisements, so long as the method is not prohibited by the Legislation.
16.3. Except where otherwise provided by this Agreement, every notice by the Subscriber to the Company will be given in writing and shall bear his signature and will be sent to the Company by post or fax.
16.4. The Company will use the Greek and English languages in the notices it gives to the Subscriber pursuant to this Agreement and it is not obliged, under any circumstances, to use any other language.
17. VARIOUS PROVISIONS
17.1. In the event that any provision of this Agreement is considered as null and void or illegal, the remainder of the Agreement shall remain in force and the parties will use all efforts in order to substitute the said provision with a new valid provision of a similar content so far as possible, so that the initial meaning of the term which is being substituted shall remain as close as possible to the initial intention of the parties.
17.2. In the event of failure by either party to exercise any of his rights or remedies arising under any term of this Agreement, either by choice or for any other reason, the affected party reserves the right to exercise any such rights or remedies at any later stage. Also, any failure to exercise such rights or remedies in any particular case, either by choice or for any other reason, does not mean that the affected party will act in the same manner in future and does not waive in any way the said right or remedy.
17.3. References to the word “person” in this Agreement refer to both natural and legal persons.