PREAMBLE
These Terms and Conditions are concerned with the provision of VoIP telephony services by NextWeb to Subscriber, hereinafter referred to as “the Service”
Definitions
- “Data Services” means a suite of services that UniTel makes available to all customers other than VoIP Services;
- “Listed Number” is defined as a telephone number that is currently listed in the public telephone directories;
- Telecommunications Transport Provider shall mean any person or company holding a valid licence or permit to provide a telecommunications transport service under the Telecommunications (Regulation) Act (Cap. 399 of the Laws of Malta) or is registered under the said Act as a person authorised as aforesaid and includes any company or person listed as such in applicable local regulations.
- “UniTel” means the trade name of the VoIP service that is offered by NextWeb;
- “VoIP” means phone-to-phone Voice over Internet Protocol.
1. Provision of Service
1.1 NextWeb agrees to provide to the Subscriber the Services, which shall be deemed as included and incorporated into these Terms and Conditions.
- NextWeb reserves the right to alter or withdraw any Service or Services at any time on giving the Subscriber prior warning.
- Exclusion of warranties
2.1 Save as expressly set our herein, all conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will NextWeb be liable for economic, indirect or consequential loss or any such loss which is caused by the Subscriber’s misuse of the Services.
2.2 The Services are provided on an “as is” and “as available” basis and NextWeb makes no warranties or representations, whether express or implied, in relation to the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality or any loss of data resulting from delays, non-deliveries, services not activated when indicated on roll out plan, missed deliveries or service interruptions.
2.3 In any event the liability of NextWeb to the Subscriber in respect of an event or series of connected events arising out of or in connection with these Terms and Conditions whether in contract, tort (including negligence) or otherwise shall be limited to all sums payable in respect of the Service.
2.4 Each provision of this clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any or all of the other provisions is held inapplicable or unenforceable in any circumstances , or becomes inapplicable in virtue of any subsequent law or regulation. They shall remain in force notwithstanding the termination or expiry of these Terms and Conditions.
- The Subscriber agrees to pay for all fees due to the telecommunications transport provider for the connection of the Subscriber to NextWeb’s network, and NextWeb shall not be liable to expenses incurred in this regard.
- Price and Payment
3.1 UniTel calling cards bearing the Personal Identification Number (PIN) can be purchased in different denominations on prepaid basis from NextWeb’s Offices or from any of its authorised resellers.
3.2 NextWeb has the right to change the prices for the Services after having given seven
(7) days’ notice, sent either via e-mail to the Subscriber’s recorded e-mail address or by posting such prices changes to the web site http://www.unitel.com.mt .
4. Amendments
4.1 NextWeb reserves the right to vary all or any of the terms and conditions and charges from time to time, whether as a result of legislation, statutory instrument, Government regulations and similar events.
- NextWeb reserves the right to vary the terms and conditions and charges relating to the Service for any other reason after having consulted the Subscriber.
- Termination
5.2 Without prejudice to any other rights available to it according to law, NextWeb may terminate service immediately if any of the following occur:
a) The Subscriber breaches any clause under these Terms and Conditions;
b) NextWeb is obliged to comply with an order, instruction or request of Government, and emergency services organisation or other administrative authority, to cease to provide any Services to the Subscriber;
c) The provision of any Service to the Subscriber would give rise to or cause disruption to the Services offered by NextWeb to its other Subscribers;
5.3 NextWeb shall be able to terminate the Account for any reason on giving the Subscriber a minimum of seven days notice at any time.
5.4. NextWeb shall not be liable for termination effected as a result of actions beyond its control.
5.5 The Subscriber may terminate the Account having given written notice by electronic-mail (at the address subscribe@unitel.com.mt), by letter (sent to NextWeb Ltd, Business Centre, 219-221 Parilja Street, Santa Venera HMR 16) or fax (2148 7995) to NextWeb. Cancellation will be deemed to be effective 14 working days from receipt of cancellation notice, at which point the Subscriber will no longer be entitled to make use of any remaining credit available on any existing card.
- In the event of termination the Subscriber shall immediately cease to make use of the Services.
- Excluded Uses
- The Services provided in relation to telephone and facsimile services are not to be used in any manner contrary to law.
- Improper Use
7.1 The Subscriber shall not use, and shall not authorise, permit or tolerate any other party to use, the Services for the transmission of any material which is in violation of any law or regulation in force in Malta or which is defamatory, menacing, obscene, in breach of third party intellectual or industrial property rights or in breach of trade secrets. Any breach of this clause will be deemed to be a material breach of these Terms and Conditions and shall entitle NextWeb to terminate the Account pursuant to clause 5 and for this purpose it shall be irrelevant whether or not the Subscriber is aware of the content or illegality of any material so transmitted.
7.2 Notwithstanding, and in addition to the causes contemplated in clause 5, NextWeb may suspend the Service without notice with immediate effect, and by sending a reasoned statement within seven days of such suspension, if in NextWeb’s reasonable opinion the Subscriber is in breach of these Terms and Conditions or has acted inconsistently with the spirit of these Terms and Conditions.
7.3 The Subscriber acknowledges that NextWeb is unable to exercise control over the content of the information passing over the Service and NextWeb hereby excludes all liability of any kind for the transmission or reception infringing information of whatever nature.
- The Subscriber hereby agrees to indemnify NextWeb and exonerate and hold NextWeb harmless from any claim brought by a third party resulting from his / its use of the Services including but not limited to infringement of any intellectual property right of any kind, any legislation or regulation. The Subscriber shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments finally awarded against NextWeb arising from such claims and shall provide NextWeb with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the subscriber’s sole expense. Such actions will be taken in consultation with the Subscriber.
- Suspension of Services
8.1 NextWeb may, without terminating the Services, suspend provision of any Services in whole or in part until further notice with immediate effect if NextWeb:
a) has reason to terminate the Services in accordance with clause 5;
b) is obliged to comply with an order, instruction or request of Government, an emergency services organisation or other administrative authority; or
c) needs to carry out work relating to upgrading or maintenance of the UniTel network but providing that NextWeb may claim damages from the Subscriber resulting from such event if the Subscriber is in breach of these Terms and Conditions; or
d) During any technical failure, modification or maintenance of the System provided that NextWeb will use its reasonable endeavours to procure the resumption of the Services as early as possible.
e) If NextWeb becomes aware or has reasonable cause to believe that fraudulent use of the Subscriber’s telephone number is taking place with or without the Subscriber’s knowledge;
- If NextWeb exercises its right of suspension in respect of an event referred to in clause 8.1 this will not exclude its right to terminate the Services later in respect of that or any other event, nor will it prevent NextWeb from claiming damages from the Subscriber resulting from such event if the Subscriber is in breach of these Terms and Conditions.
- Force Majeure
NextWeb will not be liable to the Subscribers for any breach of these Terms and Conditions or failure on NextWeb’s part to perform any obligation as a result of technical problems relating to the System, termination of any licence to operate or use the System, acts of God, Government control, restrictions or prohibitions or any other Government act or omission whether local or national, act or default of a supplier, agent or subcontractor, industrial disputes of any kind or any other similar of dissimilar cause beyond NextWeb’s control.
10. Data Protection
10.1 NextWeb reserves the right to store the names and other information from the registration form relating to the Subscriber into a computerized directory for use strictly in connection with the performance of the Services.
10.2 NextWeb will not use this information for any other commercial purpose, except as expressly authorised by the Subscriber.
- NextWeb reserves the right to provide information concerning the Account and activities whilst using the Services if NextWeb is requested to do so by the Police or the Maltese Security Service or a regulatory or government authority in investigating illegal activities in accordance with the relevant legislation.
- Security
The Subscriber is responsible for all voice calls and facsimiles originating from the Subscriber’s Account made over the telephone network or NextWeb’s network. The Subscriber agrees immediately to notify NextWeb of any unauthorized use of the telephone network from the Account of which the Subscriber becomes aware.
12. General
12.1 These Terms and Conditions may be modified at any time. It is the Subscriber’s responsibility to check the Terms and Conditions on NextWeb’s UniTel web site http://www.unitel.com.mt for changes on a regular basis.
12.3 These Terms and Conditions shall be governed and subject to the jurisdiction of the Maltese Courts, and shall be construed in accordance with the Laws of Malta.
12.4 This Terms and Conditions shall also include the list of tariffs regularly published by NextWeb.
12.5 The Subscriber shall not assign or purport to assign or otherwise deal with any of its rights and obligations hereunder, except if expressly agreed in writing with NextWeb.
12.6 NextWeb shall have the right to assign or subcontract all or any of its rights and obligations under these Terms and Conditions to any third party to whom NextWeb
assigns or subcontracts its rights and obligations under its Terms and Conditions with the Network Operator.
12.7 The Subscriber, by creating the Account, hereby acknowledges that he/she has read and accepted the terms hereof.
12.8 The Subscriber is responsible for ensuring the correct number is dialled for the Services used.
12.9 The Subscriber agrees that these Terms and Conditions are the complete and exclusive statement of the agreement between NextWeb and the Subscriber, which supersedes all understandings or prior agreements, both oral and written between the two parties.
12.11 All notices under these terms and conditions will be sent to the address given by the Subscriber upon registration unless the Subscriber notifies NextWeb of a change to this address. Any notice from NextWeb to the Subscriber will be deemed served forty-eight (48) hours after posting or an earlier proof of delivery.
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