Terms & Conditions

MelitaNet ISP Internet Service Provider Terms and Conditions.

1. Definitions

1.1. In these terms the following words and expressions shall have the following meanings:

1.1.1. "MELITANET" : Internet Service Provider

1.1.2. "Agreement": the contract made between you and MELITANET that incorporates these terms and conditions and any documents referred to herein;

1.1.3. "Equipment": any apparatus which is located at the Service Location and which you use inconjunction with the Service;

1.1.4. "Charge Period": a period for calculating charges as set out in the Schedule;

1.1.5. "Client support": the customer assistance telephone help desk which MELITANET run for the purpose of dealing with requests for maintenance service;

1.1.6. "Initial Charges": the charges payable by you in connection with the Service as set out in the Schedule or as otherwise agreed;

1.1.7. "IP address": a unique address for routing information on the internet;

1.1.8. "Network": the telecommunication system[s] used by MELITANET for the provision of the Service;

1.1.9. "Recurring Charges": the recurring charges payable in connection with the Service as set out in the Schedule;

1.1.10. "Service Commencement Date": the date on which you first make use of the Service or, if earlier, the date on which MELITANET first notify you that the Service is ready;

1.1.11. "Service Location": the location where the service is to be provided;

1.1.12. "Service equipment": any equipment or software to be installed at the Service Location by MELITANET in order to make available the Service to you;

1.1.13. "Service": service as specified in the Agreement;

1.1.14. "Schedule": The Schedule hereto stipulating charges payable in respect of the provision of the Service as varied by MELITANET from time to time;

1.1.15 "the Act": the ELECTRONIC COMMUNICATIONS (REGULATION) ACT 1997 as amended or modified from time to time;

1.1.16. "ISP" Internet Service Provider other than MELITANET

1.1.17. "you": the other party with MELITANET entering into the Agreement;

1.2. In these terms any undertaking by you not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing.

1.3. In these terms the expressions "you" and "MELITANET" shall include your and our respective successors and permitted assigns and our and your respective employees and agents.

2. Duration

2.1. Unless otherwise stipulated, the Agreement shall come into force immediately and shall continue subject to these terms until terminated by either party giving the other not less than three months prior written notice to expire at the end of any month.

3. Provision and Use of Service

3.1. We shall provide the Service from the Service Commencement Date.

3.2. You shall only use the service in accordance with such conditions as MELITANET may notify you in writing to you from time to time.

3.3. You acknowledge that MELITANET are unable to exercise control over the content of material transmitted or received using the Service.

3.4. You shall not use the Service:-

3.4.1. as a means of communication for a purpose which is specifically prohibited in our Service Literature; or

3.4.2. for the transmission of any material which is or is intended to be a hoax call to emergency service or is of a defamatory, offensive or abusive or of an obscene or menacing character; or

3.4.3. to violate or infringe any third party’s rights.

3.5. You shall indemnify and keep MELITANET indemnified against all liabilities, claims, damages, losses, costs and proceedings howsoever arising from or in any way connected with your use of the Service.

3.6. We may disconnect any Equipment if you do not fulfill your obligations to obtain approvals and licenses under the Agreement or if, in our opinion, it is liable to impair the quality of any telecommunication service provided by means of our Network.

4. Provision of Information

4.1. You will promptly provide MELITANET, free of charge, with all information and co-operation that MELITANET may reasonably require from time to time to enable MELITANET to proceed uninterruptedly with the performance of our obligations under the Agreement.

4.2. You will inform MELITANET promptly of any change of address, telephone numbers or any other details that you originally provided to MELITANET.

4.3. You shall ensure that all requests for assistance are only made from your help desk to our Client support.

5. Charges

5.1. In consideration of the provision of the Service you shall pay to MELITANET:-

5.1.1. Initial Charges, and

5.1.2. Recurring Charges

5.1.3. all as specified in the Schedule hereto.

5.2. Initial Charges shall be payable in advance on or before the commencement of the relevant Charge Period or, where the Schedule so provides, in the installments and at the intervals specified therein.

5.3. Recurring Charges shall be payable in advance the first payment shall be due on the Service Commencement date, and subsequent payments at the beginning of each Charge Period.

5.3.1. Between the service Commencement Date and the start of the first Charge Period a proportionate part of the Recurring Charges shall be payable calculated on a pro-rata daily basis.

5.4. We shall be entitled to increase or decrease the Recurring Charges at any time.

6. Payment

6.1. Payment of all sums due under the Agreement shall be made within thirty days of the date of the relevant invoice.

6.2. If you fail to make payment within such period MELITANET shall have the right to require you to pay all sums due under all Agreements between MELITANET on demand.

6.3. Payment of all sums due under the agreement shall be made by direct debit [on completion of an appropriate mandate], cheque or such other method as MELITANET may reasonably specify from time to time and payment of all such sums shall be made in full [without any set-off, deduction or withholding whatsoever].

6.4. Without prejudice to our other rights, MELITANET reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 8% per annum.

6.4.1. Interest shall continue to accrue notwithstanding termination of the Agreement for any cause whatsoever.

6.4.2. Charges are exclusive of Value Added Tax ["VAT"], and any other taxes applicable from time to time, which you are liable to pay.

7. Termination

7.1. Without prejudice to our other rights, MELITANET may terminate the Agreement on giving written notice to you, taking immediate effect if:

7.1.1. you fail to make any payment when it is due under the Agreement or any other agreements made between you and MELITANET; or

7.1.2. you default in due performance or observance of any material obligation under the Agreement and [in the case of a remediable breach] fail to remedy the breach within such reasonable time as MELITANET specify; or

7.1.3. you provide MELITANET with false, inaccurate or misleading information for the purposes of obtaining the Service, or

7.1.4. you do not make material use of the Service for a significant period; or

7.1.5. MELITANET have reasonable grounds to suspect fraud or misconduct in connection with your use of the Service or by any other third party whatsoever, with or without your knowledge or approval; or

8. Consequences of Termination

8.1. If the Agreement is terminated by MELITANET pursuant to our rights under clause 7 you shall pay all Charges in respect of the Agreement, up to the date of termination.

8.2. Upon termination of the Agreement for any reason you shall forthwith cease to use the Service.

9. Transfer of domain name to another ISP

9.1. If you decide to transfer services to another ISP, MELITANET will act without delay provided that :

9.1.1. Your account is current

9.1.2. You have given the 1 month notice as set down in 2.1

10. Suspension of Service

10.1. We may at our sole discretion suspend immediately the provision of the Service until further notice on notifying you either orally [confirming such notification in writing] or writing if:-

10.1.1. MELITANET are entitled to terminate the Agreement; or

10.1.2. MELITANET are instructed or requested to do so by an emergency service organisation, or other competent authority.

10.2. Any suspension of Service shall not exclude our right subsequently to terminate the Agreement.

11. Reconnection of Service

11.1. If MELITANET suspend Service as a result of your breach, fault or omission and MELITANET subsequently agree to reconnect the Service, you shall reimburse MELITANET for all reasonable costs and expenses incurred in suspending and recommencing provision of the Service.

12.Allocation and use of Addresses

12.1. Where MELITANET allocate IP addresses to you they are for your use for the duration of this Agreement and do not belong to you.

12.1.1. You accept that you do not acquire any rights whatsoever in such IP addresses and they shall revert to MELITANET on termination.

12.2. We shall be entitled, for commercial, operational or technical reasons or to comply with an obligation imposed on MELITANET by our license or by any other competent authority, to withdraw or change any IP addresses allocated to you provided that MELITANET give to you reasonable notice.

13. Resale

13.1. You may not resell the Service.

14. Confidentiality of customer Information

14.1. All information obtained by MELITANET from you which belongs to you and is of a confidential nature will be dealt with by MELITANET accordingly.

15. Warranty/Limitation of Liability

15.1. We shall provide the Service using reasonable care and skill.

15.2. Except as expressly provided in the Agreement, MELITANET shall have no other obligation, duty or liability whatsoever in Agreement, tort or otherwise to you.

15.3. We shall not be liable to you in Agreement, tort or otherwise including any liability for negligence or for breach of statutory duty for:-

15.3.1. any loss of revenue, business, Agreements, anticipated savings, or profits, or

15.3.2. any indirect or consequential loss, howsoever arising.

15.4. In clause 15.3.1 "anticipated savings" means any expense which you expect to avoid incurring or to incur in a lesser amount than would otherwise have been the case by reason of using the Service.

15.5. The provisions of this Clause shall continue to apply notwithstanding the termination or expiry of the Agreement.

16. Notices

16.1. Any notices to be given under the Agreement shall, unless otherwise expressly stated, be in writing and shall be give by sending the same by first class post or facsimile transmission to the party's address stipulated in the Agreement or such other address as may be designated in writing from time to time or if no such address is stipulated or designated then to the registered office of that party.

16.2. Any notice sent by registered post shall be deemed [in the absence of evidence of earlier receipt] to have been delivered seven days after its dispatch.

16.2.1. Any notice given by facsimile transmission shall be deemed to have been delivered on the next working day following transmission

17. Assignment/Subcontracting

17.1. You shall not assign or delegate or otherwise deal with all or any of your rights and obligations under the Agreement without our prior written consent such consent not to be unreasonably withheld.

17.2. We shall have the right to assign or otherwise delegate all or any of our rights and obligations under the Agreement to MELITANET or other person upon serving written notice on you.

17.3. We may use subcontractors to install and maintain Service Equipment.

18. Force Majeure

18.1. Neither party shall be liable to the other under the Agreement, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightening or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, the obstruction by a third party of line of sight between microwave installations, war, military operations, acts of terrorism or riot, difficulty, delay or failure in manufacture, production or supply by third parties of the Service Equipment.

19. Entire Agreement

19.1. The Agreement represents the entire understanding between you and MELITANET in relation to its subject matter and supersedes all other agreements and representations made by either party, whether oral or written.

19.2. Any terms and conditions [including dates] on any purchase order or other document whatsoever which you issue in connection with the Agreement shall not be binding on MELITANET nor be used to interpret the Agreement.

20. Modification

20.1. If during the term of the Agreement MELITANET send you a revised version of these terms together with a notice stating when they will come into force and you continue to make use of the Service after such date, then you will be deemed to have accepted these revised terms with effect either from such date or, if later, with effect from the end of any Initial Period.

20.1.1. The revised terms shall have effect as if no Initial Period is specified therein.

20.2. We shall have the right by notice in writing to you to modify the Agreement at any time so as to comply with any regulations or other requirement applicable to or imposed upon MELITANET by any competent authority.

20.3. Except as stated in clauses 20.1 and 20.2 above, the Agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party.

21. No Waiver

21.1. Failure by either party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

24. Governing Law

24.1. The Agreement shall be governed by and construed and interpreted in accordance with Maltese Law, and the parties hereby submit to the non-exclusive jurisdiction of the Maltese courts.