D.S.S LIMITED Broadband terms.

These terms and conditions, the Fair and Acceptable Usage Policy, any applicable Charges, the D.S.S LIMITED Privacy Policy, the D.S.S LIMITED Consumer Code of Conduct and any other terms specified by us, as amended from time to time (together the “Terms”) set out the basis on which D.S.S LIMITED. Limited (Company no. HE 132890) of D.S.S LIMITED P.O. BOX 60239 PAPHOS 8101 CYPRUS (“D.S.S LIMITED, we, us, our”) will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

“Services” includes our broadband Internet connection and access, Equipment lease services, IP address services, maintenance and support services, and such other services as are agreed in your order or as we may agree to provide you from time to time.

1 What is the effect of the terms and conditions?

1.1 You agree to be bound by the terms by ticking the box next to ‘I accept the Terms and Conditions’ on our website, or by signing your name; by your use of the Services or by allowing others to use the Services. You must ensure that any others using the Services via your account also comply with the Terms.

1.2 If you are a consumer customer, the Terms set out the express terms on which we agree to provide the Services but nothing in the Terms will affect your statutory rights.

2 How do you order our Services?

2.1 To order our Services you must be over 18, a resident of the Cyprus and you need to provide the following information:

A. a valid CY mobile phone number, or and a landline.
B. a current email address;
C. written permission by the owner of the property if the property is rented or leased;
D. the installation address for the connection of the Services; and
E. a UK, CY or EU credit card or debit card with sufficient credit or funds to pay the Charges, with the account name and a billing address. We do not accept American Express or Diners Club.

2.2 You warrant that you are a resident at the installation address. If you are not the payment card account holder, you also warrant that you have the permission of the home owner and/or the payment card account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges.

2.3 You agree that we, or third parties acting on our behalf, may carry out credit checks using the information that you provide.

2.4 By placing your order you are making an offer to enter into a contract with us for the purchase of the relevant Service from us under the Terms. We will contact you if we accept your offer. We may exercise our discretion to refuse to provide any part of the Services to you.

2.5 If you are a new D.S.S LIMITED customer you need to sign up for an D.S.S LIMITED account with a user name and password at the time of placing your order. You will need to accept the terms and conditions of use of the D.S.S LIMITED account when you sign up for the account. If you are an existing D.S.S LIMITED customer you can use your existing D.S.S LIMITED account.

3 What equipment do we provide?

3.1 After accepting your order, we will provide you with a wireless router, cables and filter(s) to your delivery address after an onsite survey has taken place. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.

3.2 If your antenna is faulty, you must notify us immediately and we will repair or replace it at no cost, providing the fault is not caused by your abuse or negligence. If the fault is caused by your abuse or negligence:

A. we may charge you the reasonable costs of any repair or replacement; and
B. you will not be credited for Charges incurred during the downtime.

3.3 You are only permitted to use the Equipment to connect to our network, or a network approved by us. We cannot support any other equipment used to connect to the Services.

3.4 In order to connect to the Services, we may require you install certain software on your computer. If you do not install this software, we may not be able to resolve any installation or connection problems you may experience and we are not responsible to you in relation to any matter that arises as a result of your failure to do so.

3.5 Upon termination of your contract, you must return the Equipment. We must receive the Equipment within 30 days of the termination date. If we do not receive the Equipment within that timeframe your payment card will be charged a fee of €200. If you keep any Equipment after we stop providing Services, it is supplied to you ‘as is’, without warranty and we are not able to support it.

3.6 All Equipment, content, software or other copyright material we supply to you is for your own use, and you must not copy, change or publish the material or supply it to any other person for any purposes.

4 Will you get a static IP address?
You will receive a dynamic IP address unless you choose to pay monthly in advance for the static IP option. If you have a static IP address, the IP address will be re-assigned to us or to another customer if your Services are disconnected or terminated for any reason.

5 How do you get connected?

5.1 You must have a computer with a minimum specification (Windows XP or Windows Vista) with a free and working network card.

5.2 You agree to provide any reasonable cooperation and assistance that may be required to get you connected.

6 Termination before Services connection

6.1 Your contract for the purchase of the Services begins on the day we connect the Equipment (“Contract Date”). On the Contract Date, we will charge you a one-off connection fee of €299 (Home), €385 (Business), a pro-rated amount of the Recurring Charges until the end of the month (if relevant) and the next month’s Recurring Charges in advance.

6.2 We may terminate your contract after the Contract Date but before the Services are connected if we’re not able to provide the Services to your premises for any reason (other than as a result of your own act or omission). Any Charges you have paid will be refunded to you.

6.3 In the unlikely event that we send you an email confirming a connection date, but do not actually connect your Service for more than one (1) month after this confirmed connection date (other than as a result of your own act or omission), you are entitled to terminate your contract with us immediately by sending a cancellation notice in writing, notwithstanding clause 7.4. Any Charges you have paid will be refunded to you.

7 What is the contract period and how does it end?

7.1 Your contract starts on the Contract Date, and the Services start on the date that you have both received the Equipment and D.S.S LIMITED confirms that your Services are connected to your local D.S.S LIMITED node. The Services connection date will be notified to you via your nominated email address and mobile phone number.

7.2 The minimum term of your contract is 3 months from your Services connection date. After this minimum term you will continue to receive the Services (Monthly Renewal) until either you or we end your contract in accordance with this clause 7.

7.3 You may terminate your contract within the first 14 days after the Services connection date (“Cooling Off Period”) by giving us written notice, to be received by us no later than the 14th day after the Services connection date. You will receive a refund of all connection and subscription Charges incurred by you during the Cooling Off Period. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for 6 months after the end of the Cooling Off Period.

7.4 After the Cooling Off Period, you may terminate your contract:

A. by sending us 30 days notice in writing via the D.S.S LIMITED customer service email address given on the Contact Us page of www.cyprusinternet.com.cy or to the postal address: D.S.S LIMITED P.O. BOX 60239 PAPHOS 8101 CYPRUS, . You must pay all Charges incurred during the 30 days. If you are within the 3 month minimum term, you will also pay a €100 early cancellation charge; or
B. by paying an express cancellation fee of €50 and all Charges that would have been incurred during the usual 30 day notice period. If you are within the 3 month minimum term, you will also have to pay a €100 early cancellation charge. Service will be terminated usually within four (4) days after receipt of your express cancellation notice in writing; or
C. if you are a consumer customer and we increase the Charges or change the Terms to your significant disadvantage, by giving us 30 days’ written notice within 30 days of us informing you of the changes. You must pay all Charges incurred during the 30 days notice period. However, if you are within the 3 month minimum term, you will not be charged a €100 early cancellation charge.

7.5 We may terminate your contract or suspend Services if:

A. we have not been able to take payment, by the due date, of any money you owe us;
B. we reasonably believe that you or others (whether under your control or not) are misusing the Services .
C. you otherwise breach the Terms;
D. you are persistently abusive or make threats or otherwise act illegally towards our staff or our property; or
E. we are no longer able to provide you with the Services.

7.6 Either you or we may terminate your contract by giving thirty (30) days' written notice to the other if:

A. there has been a material breach of the Terms or any other agreement between us by the other party (and this is not remedied within thirty (30) days of a written notice notifying the breach);
B. an event, outside our reasonable control, prevents continued provision of the Services for more than thirty (30) days; or
C. the other is unable to pay its debts (within the meaning of European Insolvency Act); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction.

7.7 If we suspend your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c) or 7.5(d), then you will be liable for the Charges during such suspension. If we suspend your Services for any other reason, you will not be liable for the Charges during such suspension.

7.8 If we terminate your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c), 7.5(d) or 7.6(a), then we will be entitled to charge you for the Charges which would have been payable to us as if you had terminated in accordance with clause 7.4(a).

7.9 If you terminate the Services pursuant to clause 7.6(b), all recurring Charges for the period of downtime will be refunded.

7.10 If your internet is disconnected for any reason or we agree to provide you with the Services again after terminating your Services, we may charge you a reconnection fee of €50.

8 What are our payment terms and charges?

8.1 You are responsible for paying the fees as laid out on the website www.cyprusinternet.com.cy (which are subject to change), VAT and any other tax liability that apply to the Services, costs incurred in collecting late payments from you (the “Charges”). You are responsible for the Charges whether incurred by you or anyone else using your account (with or without your knowledge).

8.2 The Charges are payable from the Services connection date. Recurring Charges will be collected in advance (calculated pro rata if incurred for periods of less than a month), while one-off fees will be collected in arrears.

8.3 We do not charge you for calling customer service if you call from a landline or an mobile call charges may be incurred by a third party.

8.4 If you are paying by a payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our subcontractors and agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time.

8.5 All invoices will be issued and stored. We will notify you at your nominated email address or mobile phone number when:

A. a new invoice has been issued. You are responsible for viewing and taking copies of these invoices; and
B. a payment has been taken from your nominated credit or debit card.

8.6 Interest may be charged by us if you do not pay us in full by the due date. We may charge you interest on any overdue payments from the date you should have paid until we receive full payment of the amount you owe, including full interest (whether before or after judgment) at the rate of 10.5 percent per annum above the base rate of B.O.C plc as set from time to time.

8.7 All amounts due to us shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.

9 Switching your broadband package

9.1 You may switch your broadband package no more than once a month by notifying us via your email account or contacting customer service. You can only switch to a package supported by your wireless circuit. If you switch your package the actual speed may differ.

9.2 Any change to your package may take up to 5 working days before it is activated and you will be charged at your new package price from the date of activation in the next billing cycle.

10 Service speed and interruptions

10.1 The actual speed of your broadband connection under your package will depend on your connection (for example, the distance of your premises from the D.S.S. Node transmitter, the quality of your connection and environmental connection noise will all impact your actual speeds), so we cannot guarantee that your connection will reach any specific speeds.

10.2 We do not warrant that the Services will be available at all times and fault-free. We may need to make changes to our network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. We will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services.

10.3 If you experience a total loss of Service directly caused by us (except where you have requested that the Services are moved to a new premises in accordance with clause 11) for more than ten (10) consecutive days, you'll be compensated for each day’s disruption (including the first ten (10) days) by a credit towards your recurring charges for those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting customer service when your Service is restored. The credit will be shown on your next invoice. If you are a business customer, you agree that this is an equitable remedy in respect of all loss or damage which you may suffer as a result of such loss of Service, and that it shall be your sole and exclusive remedy in respect of such loss of Service.

10.4 Except as expressly set out in the Terms, we are not liable to pay damages for any losses caused by failures, errors, delays or interruptions relating to the Services, including as a result of any failure to supply the Services because we are prevented by events outside our reasonable control.

11 What happens if you move?

11.1 If your new premises are in an area that’s covered by the Services, the Services can be moved to your new premises, provided you give us written notice, to be received by us at least 7 days before the expected moving date. There will be some downtime between disconnection from your old premises and reconnection at your new premises and you will not be refunded any Charges for that period of downtime unless you terminate your the Services pursuant to clause 7.6(b).

11.2 We will only move the Services to another premises at a reduced cost of €100 (Home), €150 (Business) once in any 12 month period. Additional moves will incur a charge of €299 (Home), €385 (Business) per move.

11.3 If your broadband package is not available at the new address you will be automatically moved to another available package which is provided at the same price or the next lowest price.

11.4 If we are unable to provide Services to your new premises, then the cancellation terms in clause 7 will apply.

12 What are your obligations?
You agree that you and other people using the Services via your account will comply with the Terms, including that you will:

A. keep your security information confidential and secure, and not make them available to unauthorised people. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account;

B. provide the required information to us (especially during the ordering process) and ensure that this information is always valid, up to date and accurate;

C. ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licences before you use it to connect to our network and ensure that your equipment and software is compatible with our Equipment; and

D. indemnify us against all losses, liabilities, costs (including legal costs) and expenses which we may incur as a result of any third party claims against us arising from, or in connection with your misuse of the Services or breach of the Terms.

13 Limitations and exclusions of liability

13.1 Nothing in the Terms shall restrict or exclude either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’ negligence.

13.2 Except as expressly set out in the Terms, we are not liable to pay damages for use of the Services or any losses caused by failures, errors, delays or interruptions relating to the Services, including as a result of any failure to supply the Services because we are prevented by events outside our reasonable control.

13.3 We are not liable to pay damages if anyone else, other than you or us with your permission:

A. gains access to your connection to the Services, your computer and other related equipment; or
B. gains access to, destroys or distorts any data or information held by us.

13.4 We are not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through our network.

13.5 Except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, each party’s aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed 100% of the Charges due in that calendar year.

13.6 Neither of us will be liable to the other for any economic loss including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time or goodwill or loss of data whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise or the cost of procuring substitute goods or services, provided that doesn’t include:

A. Charges payable; or
B. claims for any damage to your tangible property, caused by the negligence or otherwise by any act or omission of ours, our employees, agents or subcontractors, whilst on your premises.

13.7 You shall at all times be under a duty to mitigate any losses suffered by you.

13.8 If you are a business customer, there are no representations, warranties, terms or undertakings, except as expressly set out in the Terms and any others are expressly excluded, whether express or implied, statutory or otherwise.

14 Is there anything else?

14.1 We will use your mobile phone number and email address to contact you for all purposes under the Terms, including to provide any marketing material related to the Services. You may, at any time, change your mind about receiving information from us in the future by notifying us in accordance with the DSS ADDRESS Privacy Policy www.cyprusinternet.com.cy.

14.2 If wish to complain about anything, we have a ‘Consumer Code of practice’ which details our complaints and dispute resolution procedure.

14.3 From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms.

14.4 We may assign your contract or any Service we provide to you to a third party. You may not assign this contract or the benefit of any Service we provide to you.

14.5 Any failure or delay by us in exercising or enforcing any rights or benefits granted by the Terms will not be deemed to be a waiver of any such right or benefit nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.

14.6 Each provision of the Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.

14.7 The Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

14.8 The Terms shall be governed and construed in accordance with EU law and you and we submit to the non-exclusive jurisdiction of the EU courts.

14.9 The Terms set out the entire agreement between you and us relating to the provision of the Services to you including all intended rights and obligations and supersede any and all previous agreements and understandings between you and us with respect to such provision. If you are a business customer, you further agree that neither you or we:

A. relied on any statement you or we made to each other before entering into this contract; and
B. waive any remedy which would otherwise be available in respect of any untrue statement (unless made fraudulently) before this contract was in force.

14.10 We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you 30 days’ notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you 30 days’ notice, in which case we will notify you as soon as we can. Changes will be posted on www.cyprusinternet.com.cy or we may give you notice in writing, by text (SMS) to your nominated mobile phone number and/or by email where you have supplied your email address to us for this purpose.

 

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