General Terms and Conditions for the provision of the REDWiFi

1.       Interpretation

“Commissioner” means the Commissioner of Electronic Communications and Postal Regulation.

“Company” means the electronic communications with the name PrimeTel PLC registered in Cyprus in accordance with the Companies Law, Cap. 113 and licensed pursuant to the Law.

“Customer” means any legal or natural person connecting through the Service under the Terms.

“Equipment” means any equipment (mobile phone, personal computer or otherwise) that the Customer uses in order to have access to the Internet and to other certain services.

“General Terms and Conditions” or “Terms” means these general terms and conditions for the provision of the Service.

“Hotspots” means is a WIFI access point or area, in particular for connecting to the Internet.

“Law” means the Regulation of Electronic Communications and Postal Services Law 2004, L.112(I)/2004 in force for the time being and comprises any law amending or substituting the same.

“PIN” means the Personal Identification Number or access code of the Customer provided by the Company to the Customer.

“REDWiFi Service” is the wireless broadband connection service provided by the Company through the Hotspots, which enables the Customer to have access in the Internet.

“Service” means the REDWiFi Service provided to the Customer by the Company in accordance with the Terms.

“The Internet” means the global data network comprising interconnected networks by using TCP/IP (“Transmission Control Protocol/Internet Protocol”).

“Working Day” means any day in which banks in Cyprus are open to the public for business. Any reference to the word “day” shall mean Working Day.

 

2.       Acceptance

2.1   The provision of the Service starts by accepting these Terms. The Customer accepts by clicking the option “I accept that the access to and the use of the Service is subject to the Terms” before you log in at the Company’s Service.

2.2   By clicking on the option to access the Service the Customer will be deemed to have read, understood, accepted and agreed to be fully complying with the Terms.

 

3.       Provision of Service

3.1   The Company assures REDWiFi connection only at the Hotspots which are listed at the Company’s website www.primetel.com.cy/redwifi.

3.2   The Service is not available outside the Republic of Cyprus.

3.3   The Customer acknowledges and accepts that using the Service is legal and he is responsible for this use.

3.4   The Service will be provided by the Company to the Customer only if the Customer pays the amount needed. 

3.5   The provision of the Service by the Company shall be only to the Customer. The Company shall not be liable for any damage caused to a business, trade, occupation or otherwise resulting from the inappropriate and unauthorized use of the Service.

3.6   If the Equipment cannot be used for any reason and as a result there is any problem connecting to the Internet through the Service, the Company is not obliged to take any actions in order fix it.

3.7   The resale or assignment of the Service is prohibited.

 

4.       Charges and Duration

4.1   The Customer can buy the Service access time by using his credit card via the Company’s online payment service or by calling from mobile or land line.

4.2   If the Company has reasonable doubts about the Customer’s credit card details authorization and validity or that the payment is fraudulent, the Company has the right to decline the payment and or request a new method of payment in order to maintain security and prevent fraud.

4.3   The Company shall publish a detailed list of the charges applicable each time on its website www.primetel.com.cy/redwifi.

4.4   The differentiation of charges is at the discretion of the Company. Any differentiation made to the charges shall apply to the Customer thirty (30) days after they are notified and/or announced on the Company’s website. www.primetel.com.cy/redwifi.

 

5.       Security

5.1   The Customer shall be solely responsible and liable for the security of his systems and Equipment and for any breach, hacking or unauthorized use of them or disclosure of any confidential information.

5.2   The Company shall bear no responsibility if the integrity, authentication and confidentiality of the information, files and data that the Customer might exchange over the Internet are disclosed.

5.3   The Company is not responsible for any information that the Customer exchanges via the Service.

5.4   For purposes of internal operation or training, the Company may register and keep any details of the Service by the Customer. The Company shall act always in accordance with the applicable legislation for the time being and the Terms.

5.5   By accepting these Terms the Customer declares that he has been informed that the Company keeps a record of personal data and he consents to the processing of personal data always in accordance with the provisions of the Processing of Personal Data (Protection of Individuals) Law of 2001, L.138 (I)/2001.

 

6.       Use of Internet

6.1   Any use of the Internet by the Customer in a way that affects the smooth use of the Service by other users shall constitute misuse of the Service for which the Customer may be prosecuted and or constitute a civil offence.

 

7.       PIN

7.1   The Customer shall be solely responsible for the security of the PIN and in case of its disclosure or use by third parties without his consent the Customer shall be obliged to report this immediately to the Company.

7.2   The PIN is valid instantly from the time of activation and is being expired after the prepaid time limit.

7.3   Refunds are possible only when the PIN that was given to the Customer has not been used at all.

 

8.       Exclusion Liability

8.1   The Company shall bear no responsibility whatsoever for breach of the Terms due to force majeure, act of god, fire, earthquake, war, terrorist act, natural disaster, flood, civil disorder, strikes or lockouts, uproar, governmental action or administrative act, legislation pr any technical damage or interruption or damage in the fixed telecommunication network or telecommunication networks of third parties or any other cause, condition or circumstance which is beyond the Company’s reasonable control. The Company is not obliged to compensate the Customer.

8.2   The Company shall bear no responsibility for any damage and or harm incurred by the Customer and or any third party due to the temporary and or permanent disconnection of the Service.

8.3   The Company does not guarantee that the provision of the Service will be continuous, prompt, secured or inerrable or that the Service will be available at any time or location.

8.4   The Company is not liable for any economic loss, loss of profit, loss of business, loss of use, interruption of business, loss of revenue, opportunity or other indirect, special, incidental or consequential damage of any kind that may arise out of the interruption of Service, including without limitation interruption due to the Customer’s fault or for technical reasons or reasons of maintenance or upgrade the Service.

8.5   In case of disconnection and or suspension of the Service for technical reasons or reasons of maintenance or upgrade, the Company shall give relevant notice to the Customer through the Company’s website, provided that this is practically feasible and shall make every effort to restore the Service as soon as possible.

8.6   The Company shall bear no responsibility whatsoever in case that the Customer uses the Service in an offensive, abusive, dishonest, indecent, disagreeable manner and in general in any manner which contravenes the good morals and or legislation and or violates the rights of any third party.

8.7   The Company shall not be liable for any advertisement, products, services, programs or other material available through the Service or for any claim which is connected with the Service or the use or content of the Service.

8.8   The Customer is the sole responsible for clicking on or following a link in any content and or any website and or any advertisement of a third party using the Service.

 

9.       Amendment

9.1   The Service is subject to the Company’s business policy, practices and procedures.

9.2   The Company shall be entitled to amend and or update the Terms if this is imposed by the amendment of any law or regulation or alter a decree or directives of any regulatory, judiciary, governmental or other competent Authority or if the Company considers at its absolute discretion that this is required for purposes of maintaining or improving the Service or for rendering better and or more efficient operation of the Company, or for purposes of uniformity and equal treatment of all its customers.

9.3   Any amendment and or update shall be published in the website of the Company within 30 Working Days of the amendment and shall come into force from the date specified by the Company.

 

10.   Law/ Jurisdiction/ Settlement Disputes

10.1The Terms shall be governed and interpreted in accordance with the laws of the Republic of Cyprus.

10.2 Jurisdiction for the settlement of any dispute that may arise pursuant to the Terms shall have the competent courts of the Republic of Cyprus.

10.3 Notwithstanding clause 10.2 the Customer may apply to the Commissioner in accordance with the provisions of the Law for the settlement of any dispute or disagreement that may arise pursuant to the Terms.

10.4  All the Terms are essential and breach of any term is material and entitles the innocent party to claim lawful damages.