Agreement between the operators of the services, WebWaves Limited, (‘WWL’) or any of its authorised distributors or operators, and the customer (‘USER’). This service includes but is not limited to: global.net.mt, webwaves.net, yellowblue.net, satellite.net.mt, alpha.net.mt and shopping.net.mt. The attached Appendices form an integral part of this agreement.
Upon the acceptance of the following terms and conditions, the USER agrees to receive access to and make use of WWL’s services, which the latter agrees to provide, and the USER is bound by these terms and conditions and adheres thereto:
1. User’s Obligations - USER is specifically responsible for:
(a) his/her personal files residing on WWL 's systems. WWL will not be responsible for loss or damage for these files.
(b) keeping a backup of his/her data stored on WWL's systems.
(a) change its services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation and services offered. In the case of changes to its services, unless the change is in the interest of the majority of the subscribers, WWL will not affect existing pre-paid accounts and will only take affect on the next subscription period. Notification of these changes will be displayed in advance, on-line, on WWL web page.
(d) delete or keep USER's personal files, including but not limited to, the home pages and mail, after one or both parties terminate this agreement.
(e) at its sole business judgement, terminate this Service Agreement immediately or suspend USER's access to the service, upon any breach of this Service Agreement by USER, including, but not limited to, refusal or failure to pay for services provided by WWL or by its representatives.
(g) In case that the services offered by WWL or Operations of any internet Service provider server systems or any other server connected to the internet world-wide, come under attack, the system security is breached or a risk is identified of a possible breach, which is taking place, took place or is in preparation to take place, originating or passing through the connection of a particular USER, with or without his knowledge, or in case that clause (4) ‘Acceptable Use Policy’ of this agreement is breached, WWL reserves the right to take any action it deems necessary, according to the case, such as address filtering, blocking, limiting, account disconnection and/or any other action, without giving any advance notice. This action is strictly limited to ensure that other internet systems and users are protected from abuse by the USER/s in question.
3. USER Name Allocation: Upon subscription, the USER is assigned one or more unique login and e-mail address/s. When the Subscription expires, the Login Name will become available for any new USER who may choose to use the same Login Name. The USER is to keep under strict control the passwords given by WWL. Should USER feels that the security of the passwords has been compromised in any way, the USER should inform WWL immediately and WWL will replace the passwords.
4. Acceptable Use Policy
(a) The service may only be used for lawful purposes;
(i) By abiding to this agreement, USER agrees to use WWL 's services in a manner consistent with any and all applicable laws.
(ii) Transmission or reception of any material, in violation of any laws or regulations, is prohibited, including but not limited to transmission and/or reception of viruses or any other electronic material causing or likely to cause harm or preventing USER’s use of WWL’s services.
Therefore, USER hereby agrees that any material submitted for publication on this service through USER's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, nor shall it contain anything legally judged to be threatening, obscene, or libellious, nor shall it contain any material that is classified as confidential or of a secret nature by the Maltese Government or any other national Governments. USER agrees to indemnify and hold harmless WWL from any claims, resulting from USER's use of the service, damaging USER or any other party.
(b) Online Conduct: Any action by a USER which, in WWL's sole opinion, restricts or inhibits other clients from using and enjoying the services offered by WWL is strictly prohibited. This includes but is not limited to: the use of vulgar language; committing, or discussing with the intention to commit, illegal activities). Publication, transmission, reception, data exchange, mail posting, news posting, news reading or any other form of transfer of data, material, information or software in violation of any law is prohibited and is a breach of the Service Agreement. Therefore the USER shall not use the Internet services to send unsolicited bulk and/or commercial messages, otherwise known as ‘spamming’, ovber the Internet. The USER specifically agrees not to upload, post or reproduce, in any manner whatsoever, any materials protected by copyright without the permission of the copyright owner.
(c) Any attempt on the part of the USER to access or modify unauthorized computer system information or to interfere with normal system operations, which might result in causing a denial of service to other users, whether successful or not, or to gain access to any account, not belonging to that USER (spoofing), including but not limited to ‘hacking’ - on WWL’s equipment, or of any computer system or network accessed via WWL 's communications services - will result in the immediate suspension of the USER's services. These unauthorized activities include, but are not limited to:
(i) guessing at or using passwords other than the USER's own, or any such unauthorised attempts.
(ii) sharing USER's own password(s) and account(s) with others not authorized by WWL to use said password(s) and account(s).
(d) Information regarding a USER's credit card number(s), bank account number(s) which the USER supplies to WWL, shall be treated with confidentiality and privacy, and shall only be used or disclosed for the purposes for which such information was collected, or if it is required by the Credit Card Clearing house/bank or by a court order. USER's addresses, phone numbers and other relevant information may, as the case may be, be provided to information providers, service providers and merchants.
5. FTP service: This facility provided by WWL, enables USER to update his/her web pages remotely, in the intervals USER requires and not more than once every 3 days.The Web Page Space is being offered free of charge, and the space allotted to the USER is of 1MB and will be of a personal nature. Business pages will be charged, according to the online rates of WWL.USER will use this service and space until the subscription with WWL expires. Repayment of the subscription by USER means re-use of the FTP service and space allotted for that USER. USER is to keep under strict control the Login and FTP passwords given by WWL. Should USER feel that the security of the passwords has been compromised in any way, USER should inform WWL immediately and WWL will replace the passwords at a charge.USER is not allowed to redirect internet traffic to other Internet Service Providers and USER is bound to use the email address showing that the service is being offered on a WWL server (example: email@example.com).
6. Mail Storage Service: The USER may receive a reasonable amount of email messages, provided that the email is stored at the USER's Mail Server.For those users who do not have their own mail server and intend to keep their email messages stored on the WWL Mail Server, the following rules apply:The Mail storage service is given free of charge to the USER upon his subscription with WWL.
E-mail received on WWL server cannot be forwarded to other e-mail addresses. USERS can use POP3 and IMAP to read their e-mails from WWL Mail Server when connected to WWL service only. To access e-mails from the rest of the Internet, USER may use Web Mail.
Total email size accepted is of 12MB. The Mail Storage is also of 12MB. Any single Mail exceeding 12MB or if the total size of the Mail exceeds 10MB, no more messages will be accepted will be accepted by the WWL Mail Server. Therefore, the User is responsible to remove the mail received within thirty (30) days from the WWL Mail Server. WWL will make every effort to ensure that all Mail is kept in a secure way and to use a reliable Mail Server. WWL does not give any guarantees or warranties regarding the integrity or security of the stored Mail or any other kind of electronic information stored on the Internet Servers. WWL will not be liable for any loss or damage or any prejudice whatsoever, caused to mail storage service of the USER, through transmission and/or reception of illegal electronic mail of any kind including viruses. The User must ensure to retrieve and delete from the WWL Mail Server any mail he receives and which he considers important.USER will use this service and space until the subscription expires. Upon expiration of the paid subscription, WWL may delete all data without further notice, including mail and web pages, stored under that subscription. Re-payment by USER before subscription expires, will enable USER to continue using the service and space.
USER is responsible to ensure that all mail sent using the service, shows the full and correct email address of the USER as provided by WWL. (example: firstname.lastname@example.org)Since this service is being offered free of charge, this offer may be terminated at any time by WWL without giving any advance notice.
7. Internet-Shop-Operators: hereby referred to as ISO, doing business on the Internet Site, including but not limited to www.shopping.net.mt:
All www domains registered by WWL and subdomains including www.shopping.net.mt are a trademark of WWL and are fully owned by WWL. By including the name of the shop under the domain www.shopping.net.mt as a subdomain, WWL retains full rights to the name and does not transfer to the ISO in any way, any part of the title or ownership of www.shopping.net.mt and/or its subdomains. WWL grants and the ISO accepts to place products on display and offer products and/or services for sale at the domain and subdomains of www.shopping.net.mt during the period when this agreement is in force.The ISO binds himself to pay all subscription fees and any other charges in form of transaction charges or percentage on sales amount made over this internet system to WWL within 30 days of becoming due. The subscriptions and transaction charges would be those signed on a separate document and only the chargable amounts in the document form an integral part of this agreement and appendices. Any other changes in conditions of this agreement have to be in the form of an attached appendix and signed by WWL and the ISO with the specific clause stating that the service agreement is being changed by the additional clauses.ISO is not allowed to directly or indirectly encourage customers not to use this system, but on the contrary, the ISO should do its best efforts to promote the use of this system.If ISO finds any problems related to the operation of the system, the ISO should inform WWL immediately and WWL will do their utmost to solve these issues in a reasonable time.‘Shopkeeper Software’ Licence:By using the Shopkeeper Software, the ISO hereby accepts the following License Agreement. Software Ownership:The ISO acknowledges and agrees that the computer program(s) and associated documentation contained with the Shopkeeper Software are owned exclusively by WWL. The Software contained in the package is protected under copyright laws and all copyright and other intellectual property rights relating to the Software are and remain the exclusive property of WWL.WWL grants to the ISO, and the ISO accepts, a limited, non-exclusive and revocable license to use the Software. The ISO agrees to use the Software in machine-readable object code form only as authorized in this License Agreement. This License Agreement does not convey any title or interest in the Software to the ISO. Scope of License The ISO may not make any changes or modifications to the Software, and the ISO may not decompile, disassemble, or otherwise reverse engineer the Software. The ISO may not load, rent, lease or sublicense the Software or any copy to others for any purpose. The ISO agrees to use reasonable efforts to protect the Software from unauthorized use, modifications, reproduction, distribution and publication. The ISO is not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement. The ISO’s adherence to this License Agreement will allow WWL to continue developing innovative and useful products and providing a high level of customer service and support. If the ISO do not comply with the terms of this License Agreement, the ISO’s license will be revoked. The Licence is valid for the time when WWL offers the services to ISO. When WWL stops offering the service to ISO, ISO is bound to return the material to WWL and to delete or destroy all copies of this software.Updates:To see availability of software updates, visit the www.support.shopping.net.mt web site.Trademarks:Shopkeeper Software and the associated logo(s) are trademarks. All images, photographs, animations, audio, video and text incorporated into the Software is owned by WWL, unless otherwise noted by Trademark.Limitations of Liability and Remedies:In no event shall WWL be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damage, even if WWL Software, are advised, in advance, or the possibility of such damages. WWL entire liability and the ISO’s exclusive remedy shall be, at WWL’s option, either (a) return of the price paid, or (b) repair or replacement of the Software. To the maximum extent permitted by applicable law, WWL disclaim all other warranties, either express or implied, including but not limited to, implied warranties with regard to the Software, the accompanying material. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Should the ISO have any questions concerning this license agreement, please contact Webwaves Limited at 111 Old Railway Track St Venera Malta.Advertizing:WWL reserves the right to make any advertizing and promotions on any media to encourage users to use this shopping system.WWL also reserves the right to change, modify or enhance the format and/or functionality of the shopkeeper software and web site including the additional or removal of advertizing space from the web and shopping sites.WWL can display advertizing material on the shopping.net.mt site in the form of banners or in any other form. This advertizing can be displayed in any page hosted on the web sites of WWL including but not limited to www.YOUR WEB/SHOPPING SITE.shopping.net.mt. Advertizing costs and space availability to the ISO are not covered by this agreement and if the ISO requires to advertize his products or services, then a separate advertizing agreement and relative charges have to be discussed and covered by a separate contract. WWL may decide to do advertizing without requesting the authorization from the ISO provided that the ISO is not charged any advertizing fees for these adverts. WWL will decide on the availability and allocation of the advertizing space.Products:All Products & Services offered for Sales on this service must be of standards approved by CE or equivalent high standards. Products offered for sale have to portray a high quality image of the product or service offered.The ISO takes responsibility to update the products on a regular basis and that none of the items would be offensive to any person, corporation, companies or any other sectors of society. WWL reserves the right to remove any products which in WWL’s own opinion would not be fit for display or sale on this system. Continuous breach of this condition may lead WWL to disable the access of the ISO to the system or to the complete removal and deletion of part or of all products or services offered. In this event, WWL would not be held liable for any direct or indirect damages or loss of business which may result from this action.Litigation between ISO and customer: WWL will not form part nor enter into any litigation or legal cases nor be liable for any refunds which may arise from a sale made by the ISO to a consumer. However WWL will provide computer-printed proof of any transactions which would take place provided that a request for this is made within 4 weeks from the date the transaction took place. This request can be made either by the ISO or the consumer by submitting a request in writing to WWL giving full and concise details of the transaction time, date and value of the payment. Prices of products displayed and/or offered for sale: The ISO hereby warrants that the prices of all products offered on this system are fair and not inflated. Licences, Taxes and duties:The ISO is responsible to obtain the necessary trading licences and to pay all relevant taxes and duties relevant to the sales of products to the relevant authorities. The Internet Service Provider Licence is covered by WWL.Product Warranties:The ISO is responsible for warranties, after-sales service and timely response to render a quality service to the customers who have purchased products or services using this service.
WWL’s Privacy Statement:At no time will WWL sell or broker any of the information WWL receive from the ISO to any third parties. WWL will use the information only its own internal purposes. Secure Shopping:WWL makes every effort to keep credit card, personal and financial information as secure as possible. WWL protect shoppers in the following way:1. The Secure site uses the latest encryption technology, digital certificates, secure commerce servers and authentication to ensure that your personal information is secure online. WWL holds digital certificates from VeriSign, Inc., a trusted third-party Certification Authority. Digital IDs are useful in electronic commerce because they verify the identity of the parties involved. Making a credit card purchase at WWL is actually more secure than using your credit card at the local store or restaurant. 2. WWL uses RSA Laboratories commercial encryption suited for U.S. export (RC4-Export with 40bit secret). What does that mean to you? RSA protects your sensitive communications over the Internet (such as a credit card number) by transforming the data into an unreadable format.Furthermore, WWL ensures the privacy of the information not only online, but through our back-end systems.If user discovers unauthorized charges on his credit card within 30 days of your purchase, he should Immediately contact his credit card company to report the unauthorized charges. Ask to speak to a representative in the Fraud department. The representative will give you instructions on how to proceed with a claim. For Maximum security and efficiency, the Credit-Card Processing is using the L2 Technology Technology patented by WWL.
8.Additional Clauses for Leased-line Internet Operators hereby referred to as LLO, utilizing Internet User Authentication Leased Line System, hereby referred to as LAS.
Both the USER and all other users who connect to the internet through the leased-line are bound by this service agreement.The LLO is required to inform WWL immediately if the software installed on the computers connected through the LAS is modified in a way to bypass the LAS system. Bypassing the LAS system constitute a fraud may lead to criminal actions and other actions by WWL against the LLO to recover financial and consequential damages sustained.The LLO binds himself to pay all charges related to this internet system to WWL within 30 days of becoming due. The charges would be those signed on a separate document and only the chargable amounts in the document form an integral part of this agreement and appendices. Any other changes in conditions of this agreement have to be in the form of an attached appendix and signed by WWL and the LLO with the specific clause stating that the service agreement is being changed by the additional clauses.The charges specified on the separate document may include the following items: Leased line charges, maximum bandwidth available to LLO, duration of the agreement, charges for hire of equipment, maintenance, support and other items which may be required to enable the installation of the service. Purchase or lease of any equipment is not covered by this agreement and if any sale is made by WWL to LLO, this should form part of another sale agreement. The sale agreement is considered to be a completely different contract which is not associated in any way with the rendering of this service even if the equipment may be used to install this LAS.During the period of this agreement, LLO may not connect any network system nor any internet services to the LAS system besides those installed by WWL. ‘LAS’ System Licence:Ownership of System:The LLO acknowledges and agrees that the complete system and associated documentation contained with the LAS are owned exclusively by WWL. The Patents and Software contained in the package is protected under industrial property and copyright laws. The system, the software and other intellectual property rights relating to the system including the patents and software are and remain the exclusive property of WWL. The LLO may not rent-out or lease-out the Software.WWL grants to the LLO, and the LLO accepts, a limited, non-exclusive and revocable license to use the Software. The LLO agrees to use the Software in machine-readable object code form only as authorized in this License Agreement. This License Agreement does not convey any title or interest in the Software to the LLO. Scope of License The LLO may not make any changes or modifications to the Software, and the LLO may not decompile, disassemble, or otherwise reverse engineer the Software. The LLO may not load, rent, lease or sublicense the Software or any copy to others for any purpose. The LLO agree to use reasonable efforts to protect the Software from unauthorized use, modifications, reproduction, distribution and publication. The LLO is not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement. The LLO’s adherence to this License Agreement will allow WWL to continue developing innovative and useful products and providing a high level of customer service and support. If the LLO do not comply with the terms of this License Agreement, the LLO’s license will be revoked. The Licence is valid for the time when WWL offers the services to LLO. When WWL stops offering the service to LLO, LLO is bound to return the material to WWL and to delete all copies of this software.Updates: WWL will inform LLO of any system upgrades which may become available. LLO agrees to let the technical people assigned by WWL to upgrade the system whenever required.Trademarks:LAS and the associated logo(s) are registered trademarks. All images, photographs, animations, audio, video and text incorporated into the Software is owned by WWL, unless otherwise noted by Trademark.Limitations of Liability and Remedies:In no event shall WWL be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damage, even if WWL Software, are advised, in advance, or the possibility of such damages. WW L entire liability and the LLO’s exclusive remedy shall be, at WWL’s option, either (a) return of the price paid, or (b) repair or replacement of the Software. To the maximum extent permitted by applicable law, WWL disclaim all other warranties, either express or implied, including but not limited to, implied warranties with regard to the Software, the accompanying material. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Should the LLO have any questions concerning this license agreement, please contact Webwaves Limited at 111 Old Railway Track St Venera Malta.
9. Additional clauses for Users placing Advertizing:
WWL as an Internet Service Provider (ISP), are a conduit where the order to place an advert is being serviced.
WWL is not a participant in the advertizing of the products nor does in any way approve the items being displayed or advertized.
WWL is and will not be liable to any damages or losses resulting from transactions following or in conjunction with products or services being advertized by the USER on the site. The items advertized must respect and conform with the laws of Malta and/or the countries in which the items are being advertized or sold. No item or service offered can be in any offensive, illegal or vulgar in any way or manner whatsoever, nor may it be of any prejudice, actually causing or likely to cause harm to other USERs or to WWL itself. Any legal liability arising from advertizing is the direct responsibility of the person placing the advert.All items advertized must be made in bona fede on the part of the USER.
10. WWL Web Diary Service: This service is given free of charge to the USER upon his subscription with WWL.WWL will make every effort to ensure that all information is kept in a secure way and to use a reliable Server. WWL does not give any guarantees or warranties regarding the integrity or security of the stored information or details or any other kind of electronic information stored on the Internet Servers. WWL will not be liable for any loss or damage or any prejudice whatsoever, caused to WebDiary service of the USER. USER will use this service and space until the subscription expires. Upon expiration of the paid subscription, WWL may delete all data without further notice. Re-payment by USER before subscription expires, will enable USER to continue using the service and space. Since this service is being offered free of charge, this offer may be terminated at any time by WWL without giving any advance notice.
11. WWL is licences to operate as an Internet Service Provider in Malta. WWL reserves the right to operate internet services offered by thrid parties. WWL may also appoint distributors to market, promote, sell or service any or all of its services. In such an eventuality, the USER making use of such services is bound by this agreement with WWL even if actual payment for this service was paid or contracted through third parties.
12. Warranties. - WWL makes no warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, for the services it is providing or for any information or software therein. WWL will not be responsible for any damages USER suffers, including but not limited to:
(a) loss of data due to disruption of service, malfunction, or programmatic error.
(a) Neither WWL, nor its information providers, are responsible for any damages arising from the USER's inability to use WWL's services, or for any errors, including those arising from negligence or omissions on the part of the USER, including but not limited to, any loss and/or damage, being direct, indirect or consequential, arising from any failure in or breakdown of the communication facilities provided by WWL, whatever the cause may be and however long it shall last, and including, any loss and/or damage arising from the reception or transmission of viruses or other electronic material causing detriment or harm to hardware or software of USER.
(b) The USER expressly agrees to indemnify and hold harmless WWL, its assignees, employees and representatives, for any losses, costs, or damages, whether direct, indirect or consequential, including reasonable attorneys' fees incurred by WWL, its assignees, employees or representatives, arising out of or in connection with any of the Services provided for in this agreement, and expressly including those arising out of any breach of Section 16 below (Netiquette) by the USER.
(c) The use of any information or software obtained from any source via WWL 's services is at the USER's own risk. WWL will not be responsible and specifically denies responsibility, for the accuracy, content, or quality of, information or software obtained through its services.
14. Electronic Data Exchange (‘EDE’) is a private electronic data sent or received by a client/USER or by WWL to or from another client/USER of WWL. WWL will not intentionally inspect the contents of EDE sent by one client to an identified addressee, or disclose such contents to other than the sender, or an intended recipient, without the sender’s or the intended recipient’s consent, unless required to do so by law.
15. Copyrights: WWL exclusively owns and retains the copyright on the material published on their internet site. All copyrightable material displayed on, or downloaded from WWL is copyrighted, specifically excluding: public domain material, electronic messages and material in message boards, and may not be redistributed, transmitted, re-transmitted or copied (except for a single copy for personal use), or published without permission of the copyright owner. All copyright or other proprietary rights notices contained in or associated with this system, and any information or software contained therein must be preserved in, or on, any copies made of such material. The placement of copyrighted material in any public posting area, or software library of this system, without the consent of the copyright owner, is in violation of the law and this Service Agreement.
16. Netiquette: There is a certain etiquette ("netiquette") USER should observe when using Internet services. USER should avoid retrieving many large files during the working hours of the day. Especially if unrelated to work. Files, (such as game software etc.,) unrelated to work, should be retrieved during the evening or weekend, since graphic files, whether downloaded or just viewed, tend to be extremely large. Unless USER is an experienced Internet USER, be aware that "newbies" (inexperienced USERs) are often received less than kindly if they exhibit inappropriate behaviour. It is strongly recommended that, when exploring new areas, USER should spend some time "lurking" (reading, without providing any input) before he/she risks getting "flamed" for asking stupid questions. There is a whole language that may be unfamiliar to the USER, so the best way to learn, is to read the "FAQs" (Frequently Asked Question), which the USER will find in nearly all of the areas the he/she is likely to explore.
17. Advertising: Advertising is not considered to be an "acceptable use" of the Internet. USER can promote products and/or services on the network; however, USER should not distribute or broadcast this information on the network to people who do not want to receive it. Possible or actual violation of this acceptable use policy, leads or might lead to suspension or cancellation of service of the USER by WWL, at its discretion.
(a) USER shall pre-pay for access to and/or use of this service. The current rates published online by WWL, shall apply at the time that pre-payment is made. In this agreement, the rates applicable are the rates published online on WWL’s web pages, which can be revised from time to time at WWL’s sole discretion, and should have the same effects as though the published rates were set out in this agreement.
(b) All monthly payments are due on the first day of the month.
(i) If payment is not honoured or is rejected by the USER's bank, service will not be activated or if it is, it will be interrupted without notice.
(ii) Service interruption does not relieve the USER from the obligation to pay any outstanding charges and penalties.
(iii) Interrupted services may be resumed upon receipt of full payment within the invoice period, and with full payment including the appropriate re-connection charge thereafter (always according to the rate applicable at the time of reconnection).
(c) Any service which includes on-site installation, includes only one on-site installation call. Any other services, including, but not limited to, on-site calls or additional services required on the subscriber’s side, would be charged separately and accordingly.
(d) Any default in payment whatsoever shall result in the immediate suspension or termination of all the services subscribed to by the USER, at the sole discretion of WWL.
19. Change of service: WWL reserves the right to accept or deny requests by USER to change from one service to another offered by WWL. If such a request is accepted there will be a charge of three liri Lm3.00 for reconnection and for changes between different subscription options, apart from any other charges necessary for such change of service. The rates of such charges are those displayed on the website, at the time of such reconnection.
20. Suspension of Service:
(a) Notice of suspension of service, expressly due to, routine repairs or maintenance of any kind, affecting USER’s use of the WWL’s website, shall be given within reasonable time left to the discretion of WWL. Any consequent, actual or possible damage, loss or any prejudice caused by such suspension will not fall under the responsibility of WWL. WWL will also not be liable for loss or damage arising out of delay of such service disruption.
22. General provisions.
(b) These terms and conditions supercede any and all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted by WWL.
(c) This agreement shall be governed by the laws of the Republic of Malta.
(d) In the event that any provision of the Service Agreement conflicts with the laws under which the Service Agreement are to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to the Service Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect.
(e) The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Service Agreement or to exercise any right under the Service Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.
(f) WWL may modify these terms and conditions upon notice published online via the WWL web site. USER's use of the service after such notice, shall constitute USER's acceptance of the modification to this agreement, that is if USER refuses to accept the newly-amended version of the agreement but still makes use of the services, then he/she shall be deemed as if he has tacitly accepted the terms and conditions.
(g) However, non-enforcement of any section of this agreement does not constitute consent and WWL reserves the right to enforce this agreement. If any one or more paragraphs in this agreement is found to be unenforceable or invalid, USER's and WWL's agreement on all other paragraphs shall remain valid.
This agreement is effective as from 19th January 2004.
Copyright 1997-2004 WWL. This agreement and attached appendices is a Copyright of Webwaves Limited. All rights reserved. No part of this document may be reproduced, photocopied or transmitted without the express prior written consent of Webwaves Limited.
VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE AGREEMENT
1. This Agreement is an extension of, and forms an integral part of the standard Internet Service Agreement.
2. WWL is offering the VOIP services under the brand name PHONE UP. Phone Up is a Trade Name and a Registered Trademark of WWL . This agreement does not give any rights to anybody, including the USER, customers, subscribers and re-sellers, to make use of the name.
3. The USER normally purchases the pre-paid Phone Up card for a specific Malta Liri amount. The card provide long distance minutes based upon the specific rates set by the WWL. As calls are made, the usable minutes are automatically deducted from the card balance, which is recorded on a central computer system through which the long distance calls are routed..
4. This service allows the USER to connect to the WWL using his telephone (POTS) set, his computer or any other device intended for VOIP use. Calls are made by calling the 21884931 number on the USER’s phone service provider’s connecting switch. When the connection is made to WWL, the USER is charged by the company which gave the service to the USER to connect to WWL for the local call, at the cost that company charges. The charges quoted by WWL exclude these local charges. The call is activated by the USER by using a Personal Identification Number (PIN) printed on the back of the Phone Up card, received by email, on an SMS through a mobile phone or other method which WWL offers to the USER. WWL will then transport the communications call to destination using third-party internet lines and equipment which are not under direct control of WWL, till that call is re-converted to a normal voice telephone call and arrives at destination on a telephone set or other VOIP equipment.
5. The VOIP Services may be used for voice phone calls over the internet only. Facsimile connection charges are higher then those used for voice. This service cannot be used to broadcast facsimiles and may not be used to exchange data.
6. WWL reserves the sole right to determine, add or remove to the methods of access and to choose the optimum routing for traffic across the WWL backbone or across other networks around the world.
7. Prohibited Uses of the VOIP Services: USER will not use the VOIP Services or permit others to use the VOIP Services in any way that (I) violates any local, state or federal law or regulation; (ii) subjects WWL, its subsidiaries, suppliers, clients or USER to criminal or civil liability, or (iii) contravenes this Agreement. WWL has no obligation to monitor the VOIP Services, but may do so and may disclose information regarding USER’s use of the VOIP Services to satisfy lawful governmental requests, to operate, maintain or improve the VOIP Services, or to protect WWL, its subsidiaries, clients and USER against criminal and civil liability.
8. Service Rates, charge methods and usage conditions are shown on the Internet website application page. Notwithstanding anything else herein or in the Agreement to the contrary, all Rates, charge methods and usage conditions are subject to change upon one (1) day notice and these will be published on our website www.phoneup.com.mt. Prepaid phone cards do not have any additional hidden charges or taxes and the face-value shown on the card is inclusive of VAT. Cards are not re-chargeable
9. Billing Increments: All charges quoted in the price-list on www.phoneup.com.mtare for one full minute.
10. Billing Increments for Mexico are billed in (1) full minute charge.
For all other International countries have an initial first full (1) minute charge and after that in fifteen (15) second increments.
11. Call-Billing period: billing begins when the phone number is entered in full and call is directed to destination. Billing call-time ends when the call is disconnected.
12. Service availability and quality is subject to the availability and quality of facilities to and from the particular country.
13. Modifications. WWL has the right to modify the rates and any terms and conditions set shown on www.phoneup.com.mtfor any reason. Upon such modification of any of the terms and conditions in this agreement or associated to it, WWL will be free to terminate this agreement immediately without this being considered as a breach of agreement from the part of WWL.
14. Disputed Amounts: For consideration, written request for billing adjustments together with all supporting documentation and identification of the amount in dispute must be received by WWL within thirty (30) days from the date of the amount in dispute was deducted by WWL.
15. Fraudulent Use of VOIP Services: The USER is solely responsible for all charges incurred with respect to the VOIP Services, even if such charges were incurred through or as a result of fraudulent or unauthorized use of the VOIP Services, unless WWL has actual knowledge of such fraudulent or unauthorized use and fails to inform USER thereof or otherwise limits or precludes such use, if it is reasonably feasible for WWL to do so. Nothing in this section, however, will be construed to obligate WWL to detect or report fraudulent or unauthorized use of the VOIP Services.
16. USER represents and warrants that it will comply with all applicable laws and applicable rules and regulations promulgated by Law and other regulatory agencies.
17. Liability The liability of WWL for damages arising out of the furnishing of the VOIP Services, including but not limited to mistakes, omissions, interruptions, delays, tortious conduct, errors or other defects, representations, uses of the VOIP Services, or arising out of the failure to furnish the VOIP Services, whether caused by acts of commission or omission, is limited to the amount of fees already paid by USER to WWL during the one (1) month period immediately preceding the event out of which the liability arose. This amount is the sole remedy of USER and the sole liability of WWL. Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits or lost revenues, whether or not caused by the acts or omissions or negligence of its employees or agents, and regardless of whether such party has been informed of the possibility or likelihood of such damages.
18. Disclaimer of Warranties: THE VOIP SERVICES WILL BE MADE AVAILABLE ON A BEST-EFFORTS BASIS AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR IN THE SCHEDULES HERETO, WWL MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OR QUALITY OF THE VOIP SERVICES OR ANY SPECIFIC FEATURES OF THE VOIP SERVICES. WWL DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
19. Additional Products: From time to time WWL may offer to the USER new products and services developed by WWL or obtained by WWL from others for use with the VOIP Services. Any new products or services which the USER elects to purchase from WWL will be considered to form part of the VOIP Services and will be provided upon the terms and conditions of this Agreement, together with such additional terms and conditions which are generally applicable to the provision of those new products and services.
19. Indemnification by USER: USER will indemnify, defend and hold WWL harmless from all claims, loss, damage expense, including attorney’s fees and court costs, or liability arising from (I) any claims made against WWL by any end user in connection with the delivery or consumption of the VOIP Services, (ii) use of facilities furnished by WWL in a manner inconsistent with the terms hereof or in a manner that WWL did not contemplate and over which WWL exercises no control, (iii) any breach of this Agreement by the USER, and (iv) all other claims, loss, damage, expense, including attorney’s fees and court costs, or liability arising out of any commission of an act or omission to an act by the USER in connection with the VOIP Services.
20. Indemnification by WWL: WWL will indemnify, defend and hold USER harmless from claims, loss, damage, expense, including attorney’s fees and court costs, or liability for property damage or personal injury to the extent that such claims arise out of or are caused by WWL’s gross negligence or willful misconduct.
21. Force Majeure: WWL is not liable for any damages resulting from any delay or failure of performance arising from any cause not within WWL’s reasonable control (including but not limited to acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections riots, or wars; unavailability of power, rights-of-way or materials; or strikes, lock-out, work stoppages, or other labor difficulties). In the event of force majeure circumstances affecting WWL, WWL may at its option (I) cancel this Agreement or (ii) modify the VOIP Services for any period necessary during which time this Agreement will remain in full force and effect.
22. Waivers: If any party at any time waives any rights hereunder resulting from any breach by the other party of any of the provisions of this Agreement, such waiver is not to be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. Resort to any remedies referred to herein will not be construed as a waiver of any other rights and remedies to which such party is entitled under this Agreement or otherwise.
This VOIP extention agreement is effective as from 23rd June 2003.
Copyright 2003 WWL. This agreement and attached appendices is a Copyright of Webwaves Limited. All rights reserved. No part of this document may be reproduced, photocopied or transmitted without the express prior written consent of Webwaves Limited.
Warranty on Sale of Products.Tabone Computer Centre Limited [TCCL] guarantees this appliance to the original purchaser for a period of 6 months on parts and labour costs, from the date of purchase or hire-purchase agreement, unless stated otherwise in writing on the sales invoice or on the cash sale by TCCL.