These general terms and conditions for the provision of services (“GTCS”) shall govern any and all services offered and provided by OLLANET Ltd, a сompany, which holds a license under the Regulation of Electronic Communications and Postal Services Law of 2004, as amended, based in Limassol (hereinafter referred to as the “Company”) on the one hand and the subscriber (“Subscriber”) whose particulars appear in the SPECIAL CONDITIONS FOR THE PROVISION OF SERVICES (hereinafter referred to as “Customer Contract”) on the other hand. The GTCS together with the Customer Contracts, any service change notices or notifications, lists of applicable fees, charges and rates as published on the Company’s website www.citycellfiber.com from time to time form the Subscriber’s agreement with the Company (“Agreement”), which is legally binding.
Other provider: means any legal or natural person other than the Company, which provides electronic communication services over telecommunications or broadcasting networks (such as telephone services, television transmission services, internet access services etc.) to the Subscriber. 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 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 Customer Contract 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 to third parties for a fee 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. Services: means the service or services specifically offered by the Company to the Subscriber, which are set out in the Customer Contract and any additional services, which may be added after a written request by the Subscriber to the Company and confirmed by the Company in writing. Premises: means the house, apartment, office or any other place of residence of the Subscriber where the installation of the Services is made.
2.1. The duration of this Agreement is unlimited. However, the Subscriber may terminate the Agreement at any time by giving the Company prior written notice not less than 14-days before to the end of the term of provision of Services already paid for by the Subscriber unless otherwise is not provided for by the rate applicable to the Subscriber. The Company may terminate this Agreement with immediate effect at any time for breach of contract by the Subscriber by giving the Subscriber a written notice in cases provided for herein. The general procedure of termination is set out in clause 13 below.
3.1 On or about the execution date of this Agreement, in order to enable the Subscriber’s lawful connection to the Network and activation of the Services, the Subscriber is obliged to:
(i) provide the Company with proof of identity in the form of a government-issued photo ID and/or any other documents, which the Company may reasonably request at its discretion in order to establish the identity of the Subscriber;
(ii) provide the Company with a signed Customer Contract ;
(iii) pay the setup and installation fees and effect an advance payment for the provisions of Services for the period of one (1) month at the rates applicable at the time of installation, as published on the Company's website www.citycellfiber.com.
Furthermore, the Company reserves the right to request from the Subscriber the payment of a guarantee - of a monetary or other nature, in the amount as published on the Company's website www.citycellfiber.com. Should such guarantee be introduced by the time of signing of this Agreement and Customer Contract by the Subscriber, the provision of such guarantee is an obligatory condition for the installation to begin. No work for the connection to the Network will begin before the fulfillment of all the above.
3.2 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 the Subscriber has failed to pay any amounts due to the Company which have become due and payable,
(b) in the event that 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, if 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 Subscriber having any claim except for the return of any guarantee in accordance with the provisions of this Agreement.
3.3. 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.
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 take all the possible measure 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 advertised 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 actual circumstances at the time of access and possibility 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.
4.5. The Company has no responsibility in the event that any of' the Subscriber's equipment does not work due to in incompatibility or for any damage which may be caused to it. The Subscriber is liable 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 will take all reasonably 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.
4.7. 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 written notice to the Subscriber of any plans to stop or alter the Services.
4.8. The Services are provided strictly and solely for Private Use and they shall be used only by the Subscriber or by persons residing with Subscriber in the Premises. The direct or indirect supply or resale of services to third parties is prohibited.
4.9. 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.
4.10. Broadband access services are generally provided unless otherwise stated in the Customer Contract, without a fixed or public Internet Protocol (IP) address.
4.11. 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.
4.12. The Company within a reasonable time frame 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.
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 provide access to authorized persons of the Company to 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 rights it may have under the applicable legislation, may suspend or temporarily disconnect the Services by written notification with immediate effect and the Subscriber will be obliged to pay any costs of disconnection, deactivation, 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, charges and rates, applicable from time to time, from the website www.citycellfiber.com or from the points of sales 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.
5.10. 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 any other rights the Company might have in accordance with the provisions of this Agreement and/or the Legislation.
5.11. The Subscriber shall immediately notify 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 Customer Contract or other agreement of supply of the Equipment under which the ownership of the Equipment is transferred to the Subscriber. At the time of the signing of this Agreement, or at a later stage as provided for by the Customer Contract, the Company shall deliver to the Subscriber the Equipment. For the duration of this Agreement the Company shall give the right to the Subscriber to use the Equipment on a free of charge basis. The Subscriber shall be obliged to give to the Company access to the Equipment for any purpose related to the performance of this Agreement.
6.2. The Subscriber shall be liable for any damage, destruction or loss of the Equipment owned by the Company, 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 replacement Equipment. It is agreed that the Subscriber is not entitled to any reduction of the applicable rate, fees or charges due to inability to use the Services because of the Equipment being defective.
6.4. During the term of this Agreement, the Subscriber is with respect to the Equipment owned by the Company has the following obligations:
(a) To use the Equipment only at the Installation Point within the Premises, in accordance with the relevant instructions for use.
(b) Not to interfere with the Equipment, including replacement with any equipment that has not been approved 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 at the Subscriber’s cost. During the repair of the Equipment the Subscriber is not entitled to any reduction of the applicable rate, 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/she had received it, except fair wear and tear or damage for which he/she is not responsible as mentioned above. Should the Subscriber fail to return the Equipment or any part thereof, the Subscriber shall pay to the Company the price of the equipment indicated in the Customer Contract.
6.7. If the Equipment has wireless access, the Subscriber must use the available technical means to restrict access to authorized users only.
7.1. The Subscriber declares that he/she has been informed of the rates, fees and charges relating to the Services hereunder, which are applicable at time of the signing hereof and that he/she agrees that the Company has the right to amend the said rates, fees or charges during the period of this Agreement, subject to the provisions of the Legislation.
7.2. The rates, fees and charges applicable at any time are published on the Company's website www.citycellfiber.com. The Subscriber may also obtain information about such fees and charges from the customer service center by dialing the number 25000222 and from the local branches of the Company. The lists of fees and charges published on the Company’s website www.citycellfiber.com form an integral part of the Agreement.
7.3. The Company will send a text message 5 days prior to the suspension of Services. If the Subscriber is willing to receive the invoice via email, he/she has to state this in writing via email to the Company’s address email@example.com. The Company will issue the first invoice upon installation.
7.4. Should the Company for any reason fail to send a text message or invoice to the Subscriber, the Subscriber is not dismissed from the obligation to pay for the Services that are provided to him/her under the Customer Contract.
7.5. The Subscriber is responsible for the settlement of bills and/or statements for the Service, even if the Services were not used by him or were used by a third party without notification to and consent from the Company.
7.6. The Subscriber has the right to temporary suspend the receipt of Services without terminating this Agreement, however for an extra fee, which is listed on the Company’s website www.citycellfiber.com. The period of suspension may not be less than 5 days and may not exceed 90 days per year.
7.7. All Services are paid in advance. At the installation of Services, the Subscriber shall pay for a period of one (1) month of provision of Services as provided for by paragraph 3.1 hereof. Thereupon, the Subscriber shall pay in advance for the provision of Services for any period at his/her own discretion. However, should the Subscriber’s account reach a zero balance the Company shall suspend its services to the Subscriber. Thereupon, if the Subscriber does not pay for the Services for a period exceeding 7 days, the Company has the right to deactivate the Subscriber’s Services, collect the Equipment and terminate this Agreement, subject to a written notification with immediate effect to the Subscriber.
7.8. In case of deactivation of Service, as mentioned above or for any other reason provided for by this Agreement, the Subscriber is obliged to pay a reactivation fee at the rate as published on the Company’s website www.citycellfiber.com and applicable at the time of reactivation.
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 Subscribers’ 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. This provision does not affect any lawful recording of any conversation and related traffic data, which is permitted in the course of legitimate business practice of the Company.
8.2. The Subscriber declares that he/she 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 performance 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 as currently in force.
8.3. The Subscriber expressly consents that the 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, will 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. If the Subscriber has given his consent in the Customer Contract 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 value-added services. 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.
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, broadcasted, translated, adapted, modified or altered in any other way or by any means and/or in any way by the Subscriber without prior written consent 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.
10.1. 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, 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.
11.1. The Company may unilaterally amend the present Agreement by publishing the proposed amendments on the Company’s website at least one month before such amendments should become effective. Furthermore, the Subscriber has the right to terminate this Agreement without penalty if the Subscriber does not accept the amendment under condition that the Subscriber notifies the Company on his intention to terminate this Agreement before the proposed amendments become effective.
11.2. Without prejudice to the provisions of paragraph 11.1 above, 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. In this case the Company shall notify the Subscriber of the proposed amendment either by publication in the press or on the Company's website or by written notice to the Subscriber or by any other means permitted by Law, and such notification shall be given within a period of time necessary to comply with the said legislation.
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 perform 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 subscriber 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
(I) 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.
13.1. This Agreement is terminated immediately by way of written notification to the Subscriber, 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. 13.2. In the case of refusal, omission or delay of the payment of any amount due by the Subscriber for a period of fourteen (14) days the Company shall have the right to terminate this Agreement by written notification with immediate effect.
13.3. Should this Agreement be terminated by either the Company or the Subscriber due to any of the reasons provided herein, the Company upon written notification to the Subscriber will send a Company’s employee to collect the Equipment owned by the Company, and the Subscriber is obliged to provide access to the Premises for such an employee for this purpose.
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.
15.1. The parties are obliged to exercise, in good faith, every possible effort to resolve any possible dispute in relation to this Agreement by means of negotiations. 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(1)/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 laws of the Republic of Cyprus.
16.1. Except where otherwise provided for by this Agreement, every notice by the Company to the Subscriber will be given in writing, which for the purposes of the Agreement shall mean being sent to the Subscriber by e-mail or as a text message to Subscriber’s mobile phone stated by the Subscriber in the Customer Contract.
l6.2. 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 will be sent to the Company by post or via e-mail stated in the Customer Contract and published from time to time at the Company’s website www.citycellfiber.com .