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INTERNET SERVICES AGREEMENT (“the Agrement”)
PROVISION OF INTERNET SERVICES AGREEMENT
This Agreement is made on the 01.01.2021 in Limassol, between:
1. SUPERDACH LIMITED, a company incorporated under the laws of the Republic of Cyprus with company registration number 347444 which has its registered office at Omirou & Arachovas, Alasia House, 3rd floor, Agios Nikolas, 3096, Limassol, Cyprus (hereinafter referred to as the “Provider”), of the one part;
2. End Service User (hereinafter referred to as the “Customer”), of the other part.
Together referred to as the “Parties”.
WITNESSETH AS FOLLOWS:
A. WHEREAS the Provider offers internet provision services, including internet access services, and technical support for the services and/or to the equipment the Provider provided, in a matter and extent determined by the Provider from time to time and subject to its sole discretion;
B. AND WHEREAS the Customer wishes to enter into this Agreement for the provision of internet services from the Provider and the Provider wishes to provide internet services to the Customer according to the terms and conditions of this Agreement.
C. AND WHEREAS details of the internet services to be provided appear on the attached ANNEX A (hereinafter referred to as the “Services”);
D. AND WHEREAS the Provider shall provide the necessary equipment for the provision of services which is attached to this Agreement as ANNEX B;
E. AND WHEREAS the Provider has provided a user handbook to the Customer which is attached to this Agreement as ANNEX C.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. The Parties reiterate the preamble of the present Agreement and hereby make it an inseparable part of this agreement.
2. INTERNET SERVICES
2.1. The Customer hereby appoints the Provider as the provider of internet services for his home/office and the Provider hereby accepts such appointment.
2.2. The internet services to be provided and the package selected by the Customer are those described in detail on ANNEX A which forms an integral part of this Agreement.
2.3. The Customer may elect to change his package:
2.3.1. Once from Econom to either Classic, Comfort or Premium for no additional charge, by providing a written notice to the Provider three (3) days before the intended change.
2.3.2. For any first or subsequent change from Premium to either Econom, Classic or Comfort a €50 (FIFTY EURO) charge will apply, by providing a written notice to the Provider three (3) days before the intended change.
2.4. The Customer may elect to freeze his account with the Provider:
2.4.1. For a period of first three (3) months, for a total charge of €0 (ZERO EUROS);
2.4.2. For any period longer than three (3) months and for all subsequent months, for a charge of €5 (FIVE EUROS) per month.
3.1. The Parties hereby agree that the present Agreement will commence on the ……….. and shall continue until the ………….
3.2. The present Agreement may be renewed upon the mutual written agreement between the Parties and will be agreed at least 14 days prior to the termination of the present Agreement.
4.1. The Parties hereby agree that the Provider is entitled to the amount of €….. (EURO …………..) plus VAT, per month as payment for the provision of services which is payable on the 1st day of each month.
4.2. Upon the signing of the present Agreement, the Customer has to pay the amount of €…… (EURO …….) representing two (2) monthly fees for the provision of the services.
4.3. The abovementioned amount is based on the package selected by the Customer and if the Customer chooses to change his package in accordance with clause 2.3. above, the amount shall be amended accordingly.
4.4. The Customer may pay the monthly amount as follows:
4.4.2. Bank payment;
4.4.3. Courier Payment, only if paying two (2) months or more in advance;
4.4.4. At our offices.
Detailed instructions on how to pay through any of the above methods are provided in the user handbook which is attached in this Agreement as ANNEX C in the “Payment Section”.
5.1. The Provider will provide to the Customer the equipment as that is described on ANNEX B for the purpose of providing the internet provision services.
5.2. The Customer hereby acknowledges that he has received the equipment in full working and good condition.
5.3. The Customer hereby acknowledges and agrees that the Provider is at all times the sole and absolute owner of the equipment.
5.4. Upon the termination of the Agreement, the Customer is obliged to return the equipment to the Provider in the same good condition as the condition on which he has received it.
5.5. If the Customer returns the equipment which appears to be damaged or in a bad condition or fails to return the equipment altogether, the Customer must pay a fee of €100 (ONE HUNDRED EUROS) representing the value of the equipment.
6.1. The Provider undertakes to install the equipment and explain to the Customer the operation of the equipment on the ………….. (specific date) at …………….. (premises of the Customer).
6.2. The Provider charges an installation fee of:
6.2.1. €50 (FIFTY EUROSEUROS), where the Customer has its permanent place of residence in Cyprus which is immediately payable upon the installation of the equipment.
6.2.2. €150 (ONE HUNDRED AND FIFTY EUROS) plus a €50 (FIFTY EUROS) deposit for the equipment plus a three (3) month fee prepayment, where the Customer is not a permanent resident of Cyprus, which is immediately payable upon the installation of the equipment.
6.3. The Customer acknowledges that the installation fee and any deposit or prepayments under this clause are non-refundable.
7. RE – INSTALLATION AND ACTIVATION
7.1. In the event that the Customer wishes to move the Services to a new location, the Provider has to be informed at least three (3) days in advance through written notice indicating all relevant information. A charge of €25 (TWENTY-FIVE EUROS), which is non-refundable, shall apply for the re – installation.
7.2. If the Services are deactivated based on clause 11.3 and the Customer wishes to activate the Services, the Customer has to pay all amounts due to the Provider plus an activation fee of €25 (TWENTY-FIVE EUROS) which is non-refundable.
8. TECH SUPPORT
8.1. In the event that the Customer experiences any technical difficulties, they can follow the instructions as they are outlined on the “Technical Support Section” of the user handbook (ANNEX C) or make call to the technical support number of the Provider provided in the user handbook.
8.2. The Provider may deem that it is necessary for their Technical Support Team to make a home visit to repair any damage at an agreed time and date.
8.3. If the Customer is at no fault for any damage caused to the equipment, the home visit and any reparations will be made free of charge.
8.4. If any damage caused to the equipment is at Customer fault, the home visit and any reparations will be cost 50 euro.
8.5. The Provider shall provide the Customer with additional technical support services
8.6. The Provider shall provide the Customer with technical support services only where the fault occurs in a service that is provided by it and that is under its direct control and does not arise from third parties such as local and/or overseas communications operators and/or communication lines, the World Wide Web, the Customer’s systems and/or applications, and the like.
9. LIMITATION OF LIABILITY
9.1. The services are being provided on an “As Is" basis, and the Customer hereby acknowledges that the internet network is not under the control of the Provider, and that Provider disclaims any warranty, explicit or implied, with respect to the internet or any data, product or service rendered by the internet, and that Provider further disclaims any warranty of merchantability and/or warranty of fitness for a particular use.
9.2. The Provider is not responsible for the availability of the information and/or programs that the Provider allows to be used within the scope of the services, nor for the content, form, reliability or accuracy of the data, nor for any failure in the transfer, or defect in the content, of the information, for incongruity between the data received in the computer of the Provider and the data received by the Customer. The Provider shall not bear any direct and/or indirect damage/loss/expense caused as a result of any of the above.
9.3. The Customer agrees and is aware that the services, by their nature, are susceptible to interruptions and/or disturbances and that the Provider does not undertake to provide the services (including access to the Internet and to information) continuously and free of any disturbances, and that such utilization is dependent, inter alia, on the way Customer actually uses the services and its end equipment.
9.4. It is clarified that the Provider shall not be liable for any damage the Customer may suffer or incur, as a result of connecting to Provider’s systems and/or as a result of the use and/or inability to use the services, regardless of whether the Provider was notified of the possibility of such damage.
9.5. The aforesaid shall apply with respect to any direct or indirect damage which Customer and/or any third party may suffer or incur, as a result of or in connection with this engagement with the Provider, including bodily damages, loss of revenue or income, loss of business, loss of data and any other monetary damage.
9.6. In any event, the Provider’s sole liability, whether at tort, contract or otherwise, shall be limited to the lower of the consideration actually paid by Customer for the services during the 6 month’s term or any term for which the Customer has been using the Services preceding the event raising the liability.
9.7. It is hereby made clear that the services depend on third parties (such as information suppliers and service providers, including manufacturers of information security software such as Fire Wall, manufacturers of modems, routers, and the like) and the Provider shall not be liable for any act or omission of such third parties and shall not bear any liability for any damage/loss/expense caused as a result thereof, including as a result of the installation of lines of and/or by such third parties, the operation of the lines, third party rates and the quality of their services. The Provider shall not be liable for damages connected with the telecommunications/internet networks, international accessing through dialing, Customer’s equipment and/or systems and/or application environment or the modem PCB installed at the Customer.
9.8. It is hereby made clear that the information and data transferred within the scope of the services are not secured and the Provider is not responsible for securing them and/or for any damage/loss/expense caused as a result thereof. The Customer is exclusively responsible to secure and protect the information stored in its systems and/or equipment and the Provider shall not be liable for any damage/loss/expense caused as a result of the absence of such security/protection, including due to hacking to the Customer’s systems and equipment.
9.9. The Provider is not responsible for the working condition of the hardware equipment and/or the usability of the communications software by means of which the Customer connects to the Provider’s facilities and services.
9.10. The Provider is not responsible for the content, messages and design of the Customer’s web-sites that are hosted at the Provider (hosting) including messages transmitted to/from such web-sites and shall not be liable for any damage/loss/expense resulting from such web-sites including due to infringement of intellectual property rights and including infringement of copyrights, trademarks, trade secrets, patents, designs and/or due to invasion of privacy.
9.11. For the removal of any doubt, the Company shall not be liable for any infringement of intellectual property rights, including trademarks and trade secrets, in relation to the right of use granted with respect to the addresses, including the domain name and email addresses.
9.12. The Provider shall not be liable for damages that result from software distribution and/or malware, which originate at Customer or any third parties.
9.13. Nothing provided herein derogates from the right of the Provider to bring an action against the Customer with respect to any act or omission that resulted in damage to the Provider due to the breach of the Agreement or violation of any law.
10. CUSTOMER’S UNDERTAKINGS
10.1. The Customer will use the Services in accordance with the provisions of this Agreement, the Provisions of any Law, the provisions of the acceptable use policy as published from time to time on the Provider’s website, and subject to operational instructions and directions issued from time to time by the Provider, the information suppliers and the service providers.
10.2. Without prejudice to the above, the Customer shall not use the services to carry on illegal gambling, to disseminate computer viruses/malware, to access systems and files without authorization or to make any other use that might result in damage and/or disturbance and/or restriction of the use of the services and/or that might infringe rights of the Provider, the information suppliers, the service providers, other customers, users or any third party.
10.3. Immediately upon receiving a demand to do so, the Customer shall indemnify the Provider in respect of any damage and/or loss and/or expense (including legal costs) sustained by the Provider and/or any third party as a result of any use of the services made by and/or through Customer and/or its passwords in the services, including in respect of any damage and/or loss and/or expense resulting from the breach of any provision of the Agreement and/or any act contrary to other instructions issued from time to time to the Customer.
10.4. It is being clarified that the right to use the services pursuant to the terms of this Agreement belongs to the Customer. The Customer shall not allow use of any kind or nature, whether or not for consideration to anyone else. The Customer shall keep in confidence the means of access to the Internet that are provided to him by the Provider (including user name and password) and shall not disclose this information to any third party without receiving the Provider’s prior written approval and Customer shall change, from time to time, his passwords in a way that prevents from any third parties an un-authorized use of the services.
10.5. The Customer undertakes not to assign or otherwise transfer this Agreement or his rights hereunder. The services are provided to the Customer solely for his use and he undertakes not to sell them and not to allow others to use them without the prior written consent of the Provider. It is made clear that any such attempt to assign or transfer shall be void and shall constitute a fundamental breach of this Agreement. The Provider shall not be bound to provide its Services to any third party.
10.6. The Customer declares and acknowledges that he is aware that the services hereunder are provided by the Provider pursuant to a special license granted under the law, and pursuant to contracts of the Provider with information suppliers and service providers and are according and subject to the terms of such license and contracts.
10.7. The Customer undertakes to cooperate with the Provider as may be reasonably required to enable the provisioning of the Company’s Services, including allowing unrestricted and safe access to the Provider’s facilities. The Customer shall also allow the Provider to make alterations of engineering or other nature in the supplied equipment.
10.8. The Customer hereby declares and warrants that he is acting lawfully and that he does not and will not operate as a provider of communications services during the duration of this Agreement.
10.9. The Customer undertakes not to make use of the services for the purpose of carrying out any act that is prohibited according to the laws of the Republic of Cyprus and he declares that, with respect to such acts, any liability that may arise shall apply to him exclusively and he shall indemnify the Provider accordingly upon the latter’s first demand concerning any claim and/or demand of any third party in this regard.
10.10. It is clarified that in the event the Customer uses the services for the purpose of carrying out any act that is prohibited according to any laws of the Republic of Cyprus, the Provider shall be entitled to immediately remove any content and/or message and/or information and/or design and/or data (the “Hazard" ) which is on Customer’s websites, which are being hosted at Provider’s and/or in other sites under the control of the Provider, if the Hazard is the result of such prohibited act, provided that Customer is being notified by the Provider.
10.11. The Customer is aware that there are web-sites on the Internet that are intended for viewing by adults only (over 18 years of age) and the responsibility for using and monitoring such viewing is the Customer’s alone.
10.12. The Customer hereby agrees that the Provider may, at its sole discretion, assign its rights and obligations hereunder to another, including the right to collect monies from the Customer, whereas the Customer may not assign his rights and/or obligations hereunder to another.
10.13. The Customer undertakes to indemnify the Provider in respect of any damage/loss/expense caused as a result of an act/omission of the Customer in connection with the services according to this Agreement.
11.1. Either party may terminate this Agreement by providing a three (3) day written notice to the other party. If the Customer chooses to terminate this Agreement, but fails to give the three (3) day written notice to the Provider, then the Provider has the right to charge the Customer a €25 (TWENTY-FIVE EUROS) de-installation fee.
11.2. In the event that the Customer wishes to terminate the Agreement and disconnect the service, he must return the equipment or compensate the Provider as per clause 5.5. above and pay all amounts due to the Provider.
11.3. The Customer failed to duly pay any monthly charge imposed on him for the services within ten (10) day from receiving an invoice from the Provider, the Provider shall send a written notice calling him to settle any monthly charges due within five (5) days. If the Customer fails to pay any amounts due to the Provider within the five-day notice period, the Provider has the right to terminate the present Agreement and/or deactivate the Services, get possession of the equipment and claim all amounts due from the Customer.
11.4. If it becomes known to the Provider that the Customer is engaging in any type of illegal activity through the provision of its internet service, the Provider has the right to immediately disconnect its service to the Customer and terminate the present Agreement.
11.5. The Customer is using the Provider’s services in such manner that, in the Provider’s opinion, might interfere with the services provided by the Provider to other customers and/or that constitute a civil wrong and/or a criminal offense, and/or make reasonable grounds for suspicion that the Customer is acting in a manner inconsistent with the terms and conditions of this Agreement.
11.6. Suspension or disconnection is required in order to perform essential or urgent construction or maintenance works on the systems it uses or in times of national emergency or for national security reasons.
11.7. The Provider received notification, with verification or certificate, that the Customer died; and where the Customer is a corporation, that it has ceased to exist
11.8. Such suspension, termination or restriction does not derogate from the Customer’s obligation to pay to the Provider, in addition to the debt itself, linkage differences, arrears interest and collection costs, as provided herein.
11.9. Should the Provider find that, for the purpose of providing the services, there is any incompatibility with regard to end user equipment of the Customer, the Customer undertakes to adjust the end user equipment as required, and if the Customer doesn’t do so, the Provider may choose not to begin, or to discontinue, to provide services and the Customer shall be liable for any damage/loss/expense caused as a result of such incompatibility of the equipment.
12.1. All notices under this Agreement must be sent to the addresses provided hereinabove:
Provider: SUPERDACH LIMITED
13. CHANGE OF PERSONAL INFORMATION
13.1. In the event that the Customer wishes to change his/her personal information, he/she needs to send a notice accompanied by a full package of information to the email address of the Provider, as shown above.
14.2. All the terms of the present agreement are of the essence and any party in breach of the above terms shall be liable to the payment of compensation to the innocent party.
14.3. The present agreement is made in duplicate and each party receives a copy.
Limassol, the 01.01.2021