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: Shall mean the services generally provided by the Company in the context of its operation, including, without limitation, basic telecommunication services (such as fixed and mobile telephony, fixed and mobile broadband access, cable and free television), methods of payment (at the Company’s stores, through third parties, or electronically), printing and sending of bills and invoices for the Services, itemised bills or detailed statements regarding the use of Services, support services for any of the provided Services (either after an on-the-spot inspection, or by telephone, or remote access) and installation services and repair of the Services.
Services: Shall mean the specified electronic service or services provided by the Company to the Subscriber hereunder as set out in the Special Terms and Conditions any other additional or supplementary services as well that may be added after following a verbal 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.
- 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.
- 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.
- το περιεχόμενο των μηνυμάτων CY-Alert,
- τη μη λήψη ή καθυστερημένη λήψη μηνύματος CY-Alert λόγω παραγόντων εκτός του ελέγχου της Cablenet (όπως μη διαθεσιμότητα του δικτύου ραδιοεπικοινωνιών), ή λόγω περιορισμών της συσκευής (συμπεριλαμβανομένων ρυθμίσεων συσκευής, ασυμβατότητας συσκευής π.χ. παρωχημένο λογισμικό ή μη διαθεσιμότητας συσκευής π.χ. απενεργοποιημένη συσκευή), ή
- οποιαδήποτε ενέργεια ή παράλειψη ενέργειας βασισμένη στην έκδοση CY-Alert από το Εθνικό PWS.
- 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
- 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.
- 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.






