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CABLENET GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

This Agreement is made today between Cablenet Communication Systems PLC, a company which holds a license under the Regulation of Electronic Communications and Postal Services Law of 2004, as amended, based in Nicosia, (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 Terms and Conditions”) of this Agreement  (hereinafter referred to as the “Subscriber”) on the other hand, whereby it is agreed as follows:

1. TERMS
Other Provider: means any legal or physical person other than the Company which provides electronic communication services.
OCECPR: means the Office of the Commissioner of Electronic Communications and Postal Regulation.
Advertised Speed: means the speed used by the Provider in the course of the commercial promotion of the Broadband Internet Access Services (BIAS) through a fixed network which it offers to the public.
Advertised Speed for the Provision of Broadband Internet Access over a Mobile Network: means the speed that the Provider can realistically provide to the end-user over the Mobile Service Provider Network.
Network: means the network of the Company, which is used by the Company for the provision of services, including the structure of the Network and any equipment, terminal points and cables which are installed inside or outside the Subscriber’s Premises, up to or before the Installation Point.
Administrative Change Fee: means the lump sum fee specified in the Company’s Pricelist that the Subscriber pays to the Company in the event of alteration or readjustment of the Services.
Administrative Termination Fee: means the lump sum fee specified in the Company’s Pricelist that the Subscriber pays to the Company in the event of the early termination of the services.
Guarantee: means any guarantee, whether of a monetary or other nature, that the Company may request, at its discretion, prior to the activation or for the alteration or for the continuation of the provision of the Services.
Minimum Speed: means the lowest speed of the Broadband Internet Access Services (BIAS) over a fixed network that the Provider undertakes to provide to the Subscriber.
Equipment: means the equipment specified in the Special Terms and Conditions, as well as any additional equipment that the Company may provide to the Subscriber for the purpose of providing the Services.
CECPR: means the Commissioner of Electronic Communications and Postal Regulation.
Private Use: means purposes of entertainment, education, information and any other purposes of a personal nature, on the basis of which the reselling or disposal for a fee or other consideration to third parties is expressly prohibited.
Subscriber Card (SIM): means a special card which contains the Subscriber’s particulars and which, by its insertion into the Subscriber’s Equipment, allows the Subscriber to access the Mobile Telephone Services.
Maximum Speed: means the maximum speed of the Broadband Internet Access Services (BIAS) over a fixed network that the Subscriber can achieve.
Legislation: means any law of the Republic of Cyprus in force from time to time and includes every regulation or other subsidiary act, in force from time to time, issued pursuant to such law, including decisions, directions and orders of the OCECPR and/or any other Competent Authority.
Installation Point: means the first point of supply of the television or telephone installation at the Premises or, for the provision of services over a telephone cable, the main telephone cables’ distribution frame at the Premises or at the building in which the Premises are situated.
Subscriber: means the legal or natural person that has signed the Cablenet Agreement for the Provision of Services and has accepted the Special Terms and Conditions for the Provision of Services and the General Terms and Conditions for the Provision of Services.
Typical Speed: means the speed of the Broadband Internet Access Services (BIAS) over a fixed network that the Subscriber expects to enjoy for more than 12-hours per day in the course of the provision of the Service.
Company’s Pricelist: means the current pricelist of the Company’s services, which is posted from time to time on the Company’s website at the following link: pricelist.
services: means the services generally provided by the Company from time to time in the course of its operations, including, without limitation, basic telecommunication services (such as fixed and mobile telephony, fixed and mobile broadband access, paid TV and free to air (FTA) TV), methods of payment (at the Company’s stores, through third parties, or electronically), printing and sending of accounts  and invoices for the Services, analytical accounts  or statements regarding the use of the Services, support services for any of the Services (either on site, or by telephone, or by remote access) and services for the installation and repair of the Services.
Services: means the service or services specifically provided by the Company to the Subscriber as set out in the Special Terms and Conditions, and any other additional services that may be added following an oral or written request by the Subscriber to the Company.
Premises:  means the house, apartment or other place of residence of the Subscriber where the installation of the Services is made.

2. DURATION OF THE AGREEMENT
2.1 Unless otherwise provided in the Special Terms and Conditions, this Agreement shall be in force for a term of twelve (12) months from the date of first activation of the Services (hereinafter referred to as the “Initial Term”). Upon the expiry of the said term, this Agreement will be automatically renewed for a further period of twelve (12) months each time, unless either of the Contracting Parties notifies the other in writing, at least thirty (30) days before the expiry of this Agreement, of its intention not to renew it.

3. INSTALLATION – ACTIVATION OF SERVICES
3.1 The Subscriber must provide to the Company, either at the time of signing this Agreement or as soon as possible thereafter, all necessary documents, authorisations and consents 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 the Guarantee.  No work for the connection to the Network will begin before the fulfillment of the above.
3.2 The Company is acting under a procedure which aims at the activation of the Services 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 a 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 shall be entitled to terminate this Agreement in writing, except where 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:

• in the event that it considers that the Subscriber is not creditworthy or that the Subscriber has failed to pay any accounts which have become due and payable to the Company,
• 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,
• in the event that, due to problematic infrastructure at the Premises, the Services cannot be installed, or the Company is not able to 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
• for any other reasonable cause which will be explained to the Subscriber in due detail.

In such a case, the Company shall promptly inform the Subscriber and this Agreement shall be terminated automatically, without the Subscriber having any claim.
3.4 In case of a submission of a telecommunication services portability application from any Other Provider (hereinafter referred to as “the Donor Service Provider”):

• The Subscriber, either at the time of signing this Agreement or as soon as possible thereafter, shall provide all documents or authorizations required to be submitted to the Company in accordance with the Legislation in force from time to time, in order for it to be forwarded to the Donor Service Provider so as to enable the portability.
• The Subscriber shall not terminate the telecommunication services provided by the Donor Service Provider before the respective Services of the Company have been activated by the Company and the Company informs the Subscriber that the portability has been successfully activated. Otherwise, the Company shall not be liable for the loss of any telecommunication services or signs, including telephone numbers.
• When the Company is informed by the Donor Service Provider, it shall inform the Subscriber of the date of portability and activation of the Services and shall take all necessary measures for the portability of the telecommunication services.
• The Company assumes no liability for any delay or any other problem that may occur in the portability process, including the impossibility of portability due to acts or omissions of the Subscriber or the Donor Service Provider.
• In the event of cancellation of a portability application by the Subscriber before its conclusion, the Company, without prejudice to any other rights it may have, shall be entitled to claim from the Subscriber any charges 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, subject to the provisions of clause 3.6. 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 case where a connection is provided through telephone wiring or cable and where the Premises or the building in which they are located at have a main telephone wiring or cables’ distribution frame, such distribution frame shall be considered as the Installation Point. The Subscriber is fully responsible for the cabling and its quality thereof from the main distribution frame to the Premises and for the wiring within the Premises.
3.7 Fixed telephony and fixed broadband internet access Services which are delivered through the Equipment, are delivered and tested on the modem (on the analog telephony POTS and Ethernet interfaces respectively). The Subscriber is responsible for any connection of the Equipment with the internal network of the Premises.

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, so as to ensure the security of the Network and of the services at a level proportionate to the degree of risk, considering the cost of the implementation of these security systems and the latest technical capabilities. If there is a specific risk of a breach in the Network security, the Company will inform the Subscriber of the said risk. Pursuant to Order No. 371/2013 issued by the OCECPR, the Company maintains a Business Continuity Plan (BCP).
4.2The Company complies with the quality standards, specifications and/or functions which are required under the Legislation in force and/or its license.
4.3 The Company has no responsibility for the quality, efficiency, security, and general operation of Other Providers’ networks and services. 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. 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 or terminates in the network of another Provider. The above applies, by analogy, to the e-mail and Broadband Internet Access Services (BIAS) also.
4.4 The Company has no responsibility in the event that any of the Subscriber’s equipment does not operate due to incompatibility or in the event that it does not achieve any specific speed due to such speed not being supported or for any damage that may be caused to it due to its connection to the Network. The Subscriber is responsible for any damage suffered by the Company in the event that such equipment causes damage to the Network or the Equipment or affects the provision and/or quality of the services.
4.5 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 it is not responsible for any replacement, maintenance or upgrading of such equipment
4.6 The Equipment is configured in a way that allows it to achieve the Maximum Speed of the Broadband Internet Access Services, but the Company does not guarantee to the Subscriber that any specific speed may be achieved at any given time, since such speed is dependent on the conditions of the Network at the time of access and, possibly, on technical parameters which are beyond the Company’s control. The factors which may potentially affect the speed of access which relate to the Company’s Network are the following:

• The level of utilization of the local network and of the core network of the Company. It is clarified that the Company takes all necessary measures in order for the utilization to be within acceptable limits according to common practice. For the local access network, the Company uses technical means for data traffic management, which may reduce the speed of access of any particular Subscriber based on the volume of his data traffic, in order to prevent Network congestion and to ensure the Network’s smooth operation.
• Wear and tear or damage to the Company’s equipment serving the Network.
• Interference to the Network from external sources.

4.7  The broadband access speed limits for the Services, unless set out specifically in the Special Terms and Conditions, shall be the following  in conjunction with the Advertised Speed: Maximum Speed 100%, Typical Speed 90%, and Minimum Speed 50%. Subject to the limitations in clause 4.6, the Typical Speed is expected to be achieved throughout the day. It is clarified that, in accordance with clause 3.7, that all specified speeds apply only to wired connectivity to the Equipment. The connection speed that the Equipment can provide by wireless connection through Wi-Fi may be lower and is affected by multiple factors.
4.8 Where a speed measurement is carried out, according to the measurement procedure set out on the Company’s website at Speed Test, if for a period of three (3) consecutive days the results indicate that the Subscriber’s broadband access speed is less than or equal to 80% of the Minimum or Typical Speed specified in clause 4.7, then pursuant to  Order No. 72/2017, the Subscriber may submit a complaint to the Company. It is noted that the Company reserves the right to carry out its own on-site speed measurements before accepting any measurements that have been carried out by the Subscriber. In the event of recurring invalid complaints by the Subscriber about speed-related matters, the Company reserves the right to charge the Subscriber forthe on-site speed measurements carried out by the Company in accordance with the Company’s Pricelist.
4.9 In case of non-compliance with the speed limits of the Broadband Internet Access Services specified  in clause 4.7 and following a valid complaint submitted by the Subscriber in accordance with clause 4.8, the Company shall compensate the Subscriber proportionately per day of continuous divergence from the specified speeds on the basis of the monthly fee paid by the Subscriber for his Broadband Internet Access Service, and the amount of such compensation will be paid  to the Subscriber in the form of credit to the following month’s invoice. It is noted that the Services are considered to be operating satisfactorily where the speeds provided are satisfactory for a continuous period of 24 hours, in which case any existing complaint or ongoing compensation is terminated.
4.10 The Company has the right to monitor and control the volume of data transmitted over the Broadband Internet Access Services (BIAS). If the Subscriber exceeds the current permissible limits of use which apply to the Broadband Internet Access Services (BIAS) or, where no such limits have been specified in this Agreement, the reasonable limits of use which may be determined by the Company at its absolute discretion, then the Company will have the right to suspend, reduce or readjust to a different speed the Broadband Internet Access Services (BIAS) for as long as it deems necessary in its absolute discretion.
4.11 Other than the local area network management system referred to in clause 4.6(a), the Company does not impose any other limitations that affect the speed or quality of the Broadband Internet Access Services.
4.12 For the provision of Broadband Internet Access over a mobile network, the Company applies European Union Regulation on international data roaming for the protection of Subscribers, pursuant to which the Subscriber is notified as soon as his account reaches the limit set by the Company and data roaming is barred. The Subscriber may increase the data roaming limit upon submitting an application to the Company. The Company reserves the right to refuse the increase of the said limit at its absolute discretion.
4.13 The Company will take all reasonable steps to repair any damage and/or malfunctioning of the Services caused by the Network or the Equipment, within three (3) working days. The Company is not responsible for any other damage and/or malfunctioning including, without limitation damage and/or malfunctioning which are due to the networks of Other Providers or to the equipment of the Subscriber or to any acts or omissions of the Subscriber or generally due to any other factors beyond its control.
4.14 The Company may interrupt or alter the Services, temporarily or permanently, for reasons which aim at safeguarding the functionality and/or the integrity and/or the provision of the services, the protection of data transmitted or stored on 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 scheduled interruption or alteration of the Services for the above reasons.
4.15 The Company may terminate the provision of any Service in the course of the termination of the provision of the particular service for all of the Company’s subscribers, either entirely or gradually on a regional basis, for the purpose of technological upgrading or for the better organization or functioning of the Company for any other purpose that the Company deems reasonable at its absolute discretion. In such a case, the Company shall give at least thirty (30) days’ notice to the Subscriber. Where possible, the Company shall offer to the Subscriber alternative services of a similar nature with those terminated and shall undertake to automatically transfer the Subscriber to these new services. If the Initial Term of this Agreement has not expired, any such new services shall be offered to the Subscriber by the Company either at the same price as, or at a lower price than, those terminated, until the Initial Period is completed. In the event that the Company cannot offer services of a similar nature with the old Services or if the Subscriber does not wish to be transferred to the new services, the Subscriber has the choice to terminate this Agreement free of charge or to be transferred to other services of his choice.
4.16 The number of channels being broadcasted in each television service, the particular channels in each bundle and, generally, the program of the channels in the television services at the time the Subscriber entered into this Agreement with the Company, are not be binding on the Company and may be modified by adding and/or removing television channels and/or otherwise at any time, at the Company’s absolute discretion. Where possible, the Company shall give at least seven (7) days’ notice to the Subscriber prior to any change in its television packages. In the event that the Company determines, at its absolute discretion, that any modification in the television packages is significant, it will offer to the Subscriber the right to terminate this Agreement at no cost.
4.17 The Company has no responsibility for the program and/or the content of each channel being broadcast. Its responsibility is limited to the retransmission of the original content and program of the channels included in the television services.
4.18 The fixed Services are provided strictly and solely for Private Use within the Premises and will be used only by the Subscriber or by persons residing with the Subscriber in the Premises. Without prejudice to the generality of the above, the direct or indirect supply or resale of services to third parties or the use by any means of the Services outside the Premises is prohibited.
4.19 Except as specified in the Special Terms and Conditions, Broadband Internet Access Services are generally provided without a fixed or public Internet Protocol (IP) address.
4.20 Subject to any obligation deriving from Legislation, the Company does not guarantee that the provision of the Services will be uninterrupted, on time, secure and/or without any problems.
4.21 In the event of damage for which the Subscriber shall be responsible, the Subscriber will bear the repair costs.
4.22 The Company examines any complaints or requests submitted in writing by the Subscriber pursuant to clause 16.3. The Contracting Parties must exercise their best efforts to resolve any complaints and if, after exhausting all of the Company’s procedures for settling the complaint or request, the Subscriber still has a complaint, then he may refer the matter to the CECPR to be resolved according to the Legislation.

5. SUBSCRIBER’S OBLIGATIONS
5.1 The Subscriber warrants the truth and accuracy of the information which he provides to the Company from time to time and is obliged to inform the Company in writing of any change in the information provided within five (5) working days from the change.
5.2 The Subscriber is obliged to use the Services in accordance with the Legislation in force from time to time and in accordance with good faith and commercial practice and ethical conduct, and is prohibited from using the Services in a way that causes problems or impediments in the provision of the services by the Company to other persons and/or to the use, including the level of quality, of the Services by any other subscriber.
5.3 The Subscriber is obliged to permit authorized persons of the Company to enter the Premises and to allow their access to the electricity and telecommunications network installed there, for the purposes of connecting the Services, installing the Equipment, maintaining or repairing either the Network or the Equipment, or for 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 located, 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 abovementioned works and/or other acts.
5.4 The Subscriber is liable, 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 The username and the corresponding password (hereinafter referred to as “the Password”) are issued strictly for personal use. The Subscriber must act with diligence and take all security measures, including the frequent change of the Password, in order to prevent unauthorized use of the Password. In the event of loss of the Password or of its unlawful use by a third party, without the consent of the Subscriber, the Subscriber must promptly inform the Company. The Subscriber bears sole responsibility for all activities which take place through the use of his email account (@cablenet.com.cy) and the Company is not responsible for any hacking of the said email account or loss of emails which is due to improper use of the email account by the Subscriber.
5.8 The Subscriber declares responsibly that, in the event that he shall be receiving detailed billing for the telephone or other Services, he shall inform all persons residing in the Premises and using the Services of this fact and he shall hold the Company harmless and/or he will indemnify the Company for any damage it may suffer as a result of his omission to do so.
5.9 The Subscriber shall 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.
5.10 The Subscriber shall immediately inform the Company as soon as he becomes aware of any disruption or damage or malfunction of the Services.
5.11 The Subscriber bears sole responsibility for the appropriate use of the Parental Control System (PCS), of the decoder and/or theCI+ card.
5.12 The Subscriber must keep himself regularly informed of the General Terms and Conditions for the Provision of Services in force from time to time, as well as of the charges and fees applicable from time to time, through the Company’s website at www.cablenet.com.cy or at the Company’s Stores for products and services.
5.13 In the event of breach by the Subscriber of any obligation deriving from the terms of this Agreement, the Company, without prejudice to its right to terminate this Agreement or to claim damages or to any other of its legal rights, may suspend or temporarily disconnect the Services without notice and the Subscriber will be obliged to pay any disconnection, reactivation or reconnection charges and/or any other charges  provided by  the Company’s Pricelist in force from time to time,  according to  the circumstances.
5.14 In the event that  the Agreement or its renewal or the modification of the Services is concluded at a distance or off the-premises,according to the provisions of Law  133(I)/2013 (or as provided by  the Legislation in force from time to time), the Subscriber shall have the right to withdraw from it within a period of fourteen (14) days from the date of the conclusion of the Agreement or of its renewal or of the modification of the Services. The Subscriber’s right of withdrawal provided by the above-mentioned Law does not apply after the Services have been activated or modified. Specifically, the Subscriber expressly agrees to the execution of this Agreement (namely to the activation of the Services) before the end of the period during which he shall be entitled to withdraw from the Agreement in accordance with the aforesaid Law, and the Subscriber acknowledges that he will lose his right to withdraw as soon as the Services have been activated by the Company.

6. EQUIPMENT
6.1 The Company is the owner of the Equipment and shall continue to be so after its installation, unless it has been expressly agreed in the Special Terms and Conditions or in any other agreement for the provision of the Equipment that the ownership of the Equipment is transferred to the Subscriber. At the time of signing 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 or for any other reasonable purpose at the Company’s absolute discretion.
6.2 During the period of this Agreement, the Company is obliged:

• To resolve any technical problems relating to the operation of the Equipment, pursuant to clause 4.13.
• To repair or replace the Equipment, at its absolute discretion, without charging the Subscriber, in the event of damage, destruction or loss of the Equipment due to fair wear and tear or due to defective Equipment or due to an act or omission of the employees or representatives of the Company, unless the ownership of the Equipment has been transferred to the Subscriber pursuant to clause 6.1. In all other cases, the Company is obliged to repair or replace the Equipment, at its absolute discretion, and shall charge the Subscriber. During any period of repair of the Equipment, the Subscriber shall not be entitled to any reduction in the agreed charges or fees unless the Company is responsible for the damage of the Equipment in accordance with clause 6.4 and is not in a position to replace it. In such a case, the Subscriber shall be entitled to compensation for each day of continuous interruption to the provision of the Services, except for the first three (3) days, proportionately, on the basis of the monthly charge for the Services which are not being provided and such compensation will be paid in the form of credit in the following month’s statement

6.3 During the period of this Agreement, the Subscriber is obliged:

• To use the Equipment only at the Installation Point within the Premises in accordance with the relevant instructions for use.
• Not to interfere with the Equipment, including its replacement by equipment which is not approved by the Company, repairs, alterations or additions thereto and not to allow or tolerate any such interference by any person who is not an employee of the Company or a technician duly authorized by the Company.
• To keep the Equipment at a suitable place and under appropriate conditions at its Installation Point.
• To immediately inform the Company in case of damage, destruction or loss of the Equipment.
• To restrict wireless access by the use of special access passwords, if the Equipment has Wi-Fi access capabilities.

6.4 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 employees or representatives of the Company.
6.5 In the event of expiration or prior termination of this Agreement for any reason, the Subscriber shall immediately return the Equipment, the ownership of which has not been transferred to him, to the Company in the good condition in which he received it, excluding fair wear and tear or damage for which he is not responsible in accordance with clause 6.4. If the Equipment or any part thereof is not returned the Subscriber will be obliged to pay to the Company an amount equal to the purchase price of corresponding new equipment or part thereof in accordance with the Company’s Pricelist.
6.6 The Company applies the Legislation in force regarding guarantees for Equipment, the ownership of which has been transferred to the Subscriber pursuant to clause 6.1. The period of guarantee provided by the Company is twenty-four (24) months from the date of purchase of the Equipment, excluding batteries. The Guarantee ceases to be in force upon the expiry of the guarantee period or when the damage is due to the Subscriber’s fault.

7. CHARGES – PAYMENTS
7.1 The Subscriber expressly declares that he has been informed of the fees and other charges applicable at the time of signing of this Agreement in relation to the Services and to the services provided by the Company in general. The Subscriber acknowledges and agrees that the Company has the right to amend the aforesaid fees and charges during the term of this Agreement, subject to the provisions of the Legislation.
7.2 The charges and fees of the Company applicable from time to time are published on the Company’s Pricelist.  The Subscriber may also obtain information about such fees and charges from the Customer Service Center by dialing 130, and from the local stores of the Company.
7.3 The Company will issue and send an account 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, the installation, repairs and any other charges pursuant to this Agreement relating to the current or the previous month which have not already been charged. The Company will issue its first account statement 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 the current month and for the previous month, proportionately, based on the number of days from the date of installation of the Services. Invoices for the Services will be made available by the Company upon a written request by the Subscriber. The Company reserves the right to charge the Subscriber for the preparation and/or the dispatch of the account and/or of the invoices in accordance with the Company’s Pricelist.
7.4 In the case of omission to issue an account statement or any other charge within the time specified in this Agreement, it will be issued at a later stage as soon as the Company becomes aware of its omission to issue it, within twelve (12) months from the period or date that it should have been issued.
7.5 The Subscriber is responsible for the settlement of the account for the Services, even if the Services were not used or were used by any third party.
7.6 The account will be paid by the payment date specified thereon. Refusal or omission to pay any amount due or any part thereof by the date on which it became payable, gives the Company the right to temporarily suspend the Services pursuant to clause 13.6 or to terminate this Agreement in accordance with the provisions of clause 13.4, at its discretion, without prejudice to any other legal rights it may have. It is further agreed that the Company may charge interest on any overdue amount at a rate equal to the base rate of the European Central Bank plus 5% or 9%, whichever is higher, from the date it became payable until final payment.
7.7 In case of suspension or temporary disconnection of the Services, in accordance with clause 13.6 or for any other reason specified in this Agreement, in order for the Services to be reactivated the Subscriber is obliged to pay the reactivation or reconnection fee, depending on the circumstances, in accordance with the Company’s Pricelist. Furthermore, the Subscriber is obliged to pay any outstanding amounts with interest and to provide any Guarantee that may be required by the Company, at its absolute discretion, in order to reactivate or to reconnect the Services. It is stressed that the Subscriber will not be entitled to any reduction to the charges for the Services due to their suspension or temporary disconnection.
7.8 The Company shall have the right to impose and/or adjust the charges and fees relating to the Services and the services whenever it so wishes, at its absolute discretion, irrespective of whether there was a charge for any specific service at the time of concluding this Agreement. The Company will notify the Subscriber, by giving at least thirty (30) days’ notice, of any such adjustment and of his right to terminate this Agreement, without any cost, in the event of an increase in the charges or fees that affect him.
7.9 The Subscriber may challenge any account or invoice and/or part thereof in writing within ninety (90) days of its issuing. If the said period expires without any written challenge by the Subscriber, the account and/or invoice shall be deemed accurate and it may not be challenged by the Subscriber. The challenge of the account or invoice or part thereof does not suspend the obligation to pay it. A credit note shall be issued to the Subscriber by the Company in the case that a mistake is established in the billing of the Subscriber. If the challenge is not accepted, the Company reserves the right to charge the Subscriber with the costs for the investigation thereof.
7.10 The Company has the right to set a credit limit in relation to the making of telephone calls or for any other Services amenable to such a limit, at its absolute discretion. When this limit is reached, the Company will be entitled to issue a relevant account and/or invoice and/or to temporarily suspend the provision of the relevant Services until the account to which they are charged is settled.
7.11 Provided that the Subscriber has paid all amounts due, has returned the Equipment and has duly fulfilled all his obligations towards the Company, the Guarantee received by the Company at the time of entering into or during the term of this Agreement, shall be returned to the Subscriber without interest upon the termination of this Agreement. 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 of and/or damage to the Equipment and any other compensation due for breach of this Agreement.
7.12 The Company reserves the right to charge an additional fee for different methods of payment, in accordance with the Company’s Pricelist. The Company also has the right to introduce new methods of payment or abolish existing methods of payment at its absolute discretion.
7.13 For any change in the Subscriber’s Services pursuant to this Agreement, the Company shall be entitled to impose an Administrative Change Fee in accordance with the Company’s Pricelist, which shall be notified to the Subscriber before any change is implemented.
7.14 In the event of a change in the Services or termination of this Agreement, the Subscriber will no longer be entitled to receive any discount which may have previously been given to him and shall be obliged to pay the normal charge applicable to the Services from the date of the change or termination.

8. CONFIDENTIALITY OF COMMUNICATIONS – PERSONAL DATA PROTECTION
8.1 The Subscriber acknowledges that he has been made aware of the way in which his personal data is being dealt with and managed through the Company’s Personal Data Protection policy. The Subscriber declares that he is aware that the Company maintains a record of personal data and he expressly consents to the processing of his personal data for purposes relevant to or concerning the execution of this Agreement and the provision of the Services or any other legitimate purposes according to Regulation (EU) 2016/679 (GDPR) and the Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018 (Law 125(I)/2018 ), as amended from time to time.
8.2 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 in 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 recording of any conversations, permitted under the Legislation and of the related traffic data which is permitted in the course of the legitimate business practice of the Company.
8.3 The Subscriber expressly consents that personal data, 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 and concerns the Subscriber, be held and used by the Company for the smooth operation and for the carrying out of its activities and duties as a provider of electronic communication services. The Company undertakes to hold and process such data subject to the provisions of the Legislation 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, the Company transmit, to the Other Providers referred to above, telecommunication particulars concerning the Subscriber, exclusively for the purpose of the costing of the services provided even if its concealment has been requested.
8.5 The Subscriber will receive 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 kept informed that the Subscriber shall receive an analytical per telephone call account. The analytical account will not disclose the last three (3) digits of the dialed numbers, 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 regard the type of account which will be sent must also be given in writing.
8.6 The Company may maintain telephone directories of its Subscribers and the data contained therein may be communicated through directories’ services or may be made directly or indirectly available 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 him using the personal information recorded in the Special Terms and Conditions. If the telephone directory is kept by any Other Provider, the Company shall transmit the relevant personal data of the Subscriber to the said Other Provider, exclusively for this purpose.
8.7 If the Subscriber has given his consent in the Special Terms and 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 for the provision of value-added services. In such a case, the Subscriber expressly consents to the processing of any data or information that is held by the Company concerning himself which may be used by and/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 including him, at its absolute discretion, in any database of a credit rating company or of a company with similar objects, if he does not fulfill his financial obligations towards the Company under this Agreement.

9. INTELLECTUAL PROPERTY
9.1 Anything which has been or will be inserted by the Company into its Network and/or into the services and is the subject of intellectual and/or industrial property rights, or is a trademark or a patent, is intended solely and exclusively for the Subscriber’s personal use.
9.2 Anything which is subject to a right referred to in clause 9.1 is and remains the property of the Company and/or of its 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, adjusted, adapted,  or otherwise altered 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 software, the Subscriber has 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 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 with 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 Cyprus,  European Community or other Authorities, court decisions, embargo, cyber-attacks, cable-cuts, change, disruption or damage to the public switched telecommunication network or to the telecommunication networks of third-parties 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 terms of this Agreement after giving at least thirty (30) days’ notice to the Subscriber. Provided that the Company may amend this Agreement with immediate effect, where this is necessary for the purpose of compliance with Legislation in force from time to time. In this case, the Company shall notify the Subscriber as soon as possible of the amendment.
11.2 Without prejudice to the proviso of paragraph 11.1 above, regarding an amendment with immediate effect, the Company shall notify 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 appropriate means that is not prohibited by the Legislation, at least thirty (30) days before the date of implementation of any proposed amendment. In addition, the Company shall also inform the Subscriber of his right to terminate this Agreement without cost, if he does not accept the proposed amendment.

12. LIMITATION OF LIABILITY
12.1 The Company has not made, nor is it implied that it has made, any representations and does not give nor has it given any guarantees of quality, merchantable quality, suitability for a particular purpose or otherwise in relation to the Services or in relation to any other service, except to the extent expressly provided in this Agreement.
12.2 The Company shall 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, directly or indirectly related to him, as a result of and/or in connection with the termination or suspension of the Services or the malfunctioning of the Services or the Equipment.
12.3 Without prejudice to  clause 12.2, where a specific remedy is not expressly provided in this Agreement, the Company’s maximum liability for any personal injury, damage to property, loss of profit or for any other direct or indirect damage that the Subscriber or any third person, directly or indirectly related to him, may suffer, as a result of and/or in connection with 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, will not exceed in total an amount equal to the monthly subscription charge for the Services which have actually been provided or for the last twelve (12) months, whichever is the lesser.
12.4 Without prejudice to the generality of the provisions of clauses 12.2 and 12.3 hereinabove, the Company shall not be liable for:

• the security, authenticity, accuracy or confidentiality and the propriety or impropriety of the data received, sent or stored by the Subscriber over the Internet through the Services and/or the Network,
• any direct or indirect, material or non-material damage that the Subscriber or any third party may suffer as a result of accessing the Internet through the Services and/or the Network,
• any disputes which might arise between the Subscriber and third parties and which are due to messages, data, material or information circulating through the Network or the Internet,
• any advertisement, products, messages, services, programs or other material or information or, generally, anything that is made available or is received through the Services,
• possible use of the Services by the Subscriber in a manner that is offensive, abusive, dishonourable, indecent, harassing, or in a manner contrary to accepted principles of morality and/or the Legislation or
• any direct or indirect material or non-material damage that the Subscriber may suffer due to loss of data stored on the Company’s transmitters, servers or computers.

13. TERMINATION – SUSPENSION/TEMPORARY DISCONNECTION OF SERVICES
13.1 In the event of termination of this Agreement for any reason, the Subscriber will not have any claim except for the return of the Guarantee in accordance with clause 7.11.
13.2 After the expiry of the Initial Term and without prejudice to the right of termination provided pursuant to paragraph 2.1, each of the Contracting Parties will be entitled to terminate this Agreement at any time by giving at least thirty (30) days’ notice in writing to the other Contracting Party. In such a case, the Subscriber will not be charged with the Administrative Termination Fee, but he will be obliged to pay to the Company the amounts due for the Services provided to him.
13.3 Unless otherwise provided in this Agreement, in the event of breach of any term of this Agreement, the innocent Contracting Party will have the right to terminate this Agreement by notifying the guilty Contracting Party in writing, setting a deadline of fifteen (15) days for compliance. The guilty Contracting 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 Contracting Party in writing. If the guilty Contracting 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 the event of repetition of the breach of the term of this Agreement for which a notice had been already given by the same Contracting Party, the innocent Contracting Party may give to the guilty Contracting Party written notice of termination with immediate effect.
13.4 In 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 became payable, the Company shall have the right to terminate this Agreement without notice and the provisions of clause 13.3 will not apply in this case.
13.5 In the event of early termination of the Agreement by the Subscriber for any reason, the Subscriber is obliged to pay to the Company any amounts due for the Services provided to him, including the subscription fee for the thirty (30) days’ notice if such notice has not been duly given, plus the Administrative Termination Fee on the basis of the Company’s Pricelist.
13.6 The Company may, without giving any prior notice, suspend or temporarily disconnect the Services in the event of breach by the Subscriber of any term of this Agreement and/or in the event of unlawful use of the Services and/or where the Services provided to the Subscriber become a threat to the security, functionality and/or integrity of the Network, 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.

14. ASSIGNMENT
14.1 The Company is entitled to assign its rights and/or obligations under this Agreement to any person.
14.2 The Subscriber is not entitled to assign any of rights and/or obligations under this Agreement.

15. DISPUTE RESOLUTION – APPLICABLE LAW
15.1 The Contracting Parties must exercise in good faith every possible effort to resolve any possible disputes in relation this Agreement.
15.2 If the resolution of the dispute is not achieved, then either Contracting Party may refer the dispute to the CECPR in order for it to be resolved in accordance with the Legislation, and/or resort to a Court of competent jurisdiction of the Republic of Cyprus.
15.3 Subject to the dispute resolution powers of the CECPR, the Contracting Parties submit to the exclusive jurisdiction of the Cypriot Courts for the resolution of any dispute, that may arise.
15.4 The terms of this Agreement are governed by and interpreted in accordance with Cyprus law.

16. NOTIFICATIONS
16.1 Except where otherwise provided by this Agreement, every notice by the Company to the Subscriber which concerns the Subscriber specifically, will be sent to the Subscriber by post or by e-mail or fax. The notice will be sent to the last known correspondence address or email address or fax number which the Subscriber has given or notified in writing to the Company.
16.2 Provided that, notwithstanding the above notification methods, the Company may also notify the Subscriber for the purposes of execution of this Agreement in any other appropriate manner, including the posting of the notification on the Company’s website, the publication of an announcement either in the daily or weekly newspapers or through a media advertisment, so long as it is not prohibited by the Legislation.
16.3 Except where  otherwise provided by  this Agreement, every notice by the Subscriber to the Company shall be given in writing and will be sent to the Company in accordance with the complaints/suggestions handling procedure set out on the Company’s website at the following link: Complaints handling procedure.
16.4 The Company will use the Greek language 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. MISCELLANEOUS 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 Contracting Parties will use every effort 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 Contracting Parties.
17.2 In the event of failure by either Contracting Party to exercise any of its rights or remedies arising under any term of this Agreement, either by choice or for any other reason, the affected Contracting 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 Contracting Party will act in the same manner in future and does not, in any way, constitute a waiver of the said right or remedy.
17.3 References to the word “person” in this Agreement refer to both physical and legal persons.