TERMS & CONDITIONS (updated October 2013)
1. THE SERVICE
1.1 The Holitec service ("the Service") is provided and owned by Holitec Broadband Ltd (Holitec) and gives users access to online information and services ("the Users").
2. USER CONDUCT
2.1 Users shall be responsible for all information, data, text, messages or other material transmitted via the Service. Holitec shall not monitor any content transmitted via the Service and cannot guarantee the accuracy, integrity or quality of any content. Holitec shall not be liable in any way for any loss or damage of any kind incurred as a result of the content transmitted via the Service.
2.2 Users shall not use the Service in order to:
a. Transmit and/or distribute in any way of any content that is unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, libelous, fraudulent, pornographic, indecent, invasive of another's privacy or otherwise inappropriate.
b. Discriminate, degrade or offend an individual or group of individuals on the basis of religion, sex, race, nationality, age or disability.
c. Harm minors in any way.
d. Transmit any content that they have no right to transmit, including but not limited to, proprietary and confidential information.
e. Transmit and/or distribute in any way, content that infringes any patent, copyright, trademark, service mark, trade secret or other proprietary rights of any person. This includes the use of peer-peer file sharing of copyrighted data.
f. Collect, use, store or monitor personal data.
g. Offend the Constitution or any Law or International Treaty applicable in the Republic of Cyprus.
2.3 Access to the Service without authorization is not allowed.
3.1 Users shall indemnify and hold harmless, both during the continuance in force of these Terms and Conditions as well as after their termination, Holitec, its affiliates, shareholders, officers, directors, employees, agents, successors and assigns, against all claims, actions or causes of actions, losses, liabilities, cost and expenses including legal fees, arising out of any breach of the present Terms and Conditions or the use of the Service by the use or content of messages introduced by the users.
4. PROTECTION OF PERSONAL DATA
4.1 Holitec shall take all reasonable steps to protect the confidentiality of the user's personal data. Any information and data given during the use of this Service, shall not be revealed to any third persons. Certain data may be used for statistical purposes only.
4.2 Holitec may disclose information only if required to do so by law or by an order of a court of law or competent authority.
5. TERMINATION-SUSPENSION OF THE SERVICE
5.1 Holitec reserves the right at any time without notification to:
a. Update, modify or discontinue temporarily or permanently the Service, or bar use of, or deny or suspend access to the Service.
b. Remove any content or material uploaded or stored to the Service, for any reason whatsoever including but not limited to breach of the present terms.
5.2 Users will be notified in case of amendment of the present Terms and Conditions.
5.3 Holitec reserves the right to disconnect any users who are rude or abusive to any member of staff without any further action. The customer will be immediately disconnected with out further recourse and no possibility of reconnection. In addition there will be no refund of unused subscription and any deposit will be forfeit.
6.1 Holitec shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages for loss of profits, goodwill, or other losses resulting from:
a. The use or inability to use the Service.
b. Any goods, data, information or service obtained or accessed via the Service.
c. Unauthorized access or alteration of data.
d. Claims arising directly or indirectly from the use of any software.
e. Infringement of any rights of any person of whatever nature effected or attempted through the Service.
f. Discontinuance of the service or disconnection of the users.
g. Payment or misdirected payments.
h. Connection to other sites via the Service (=linking).
i. Limiting Peer to Peer (including streaming services) to reasonable limits to maintain fairness to other users.
6.2 Holitec shall not be liable for any claims resulting from the automatic, intermediate and temporary storage of information and data for the sole purpose of making more efficient the onward transmission of such information to the recipient of a requested service or for the partial or total loss or misdirection or non transmission of same.
6.3 Users are solely responsible for the use of the Service and all information, data, text messages or other material stored or transmitted via the Service. Holitec shall not monitor the content stored or transmitted via the Service and does not guarantee the accuracy, integrity or quality of any content. Holitec shall not be liable in any way for any loss or damage of any kind, incurred as a result of the content stored or transmitted or accessed via the Service.
6.4 Holitec is not and shall not be liable for any content, advertisement, transactions, products, services or other material provided on the service by third parties or any dealings or claim connected to, or resulting from the above.
6.5 Holitec makes no warranties of any kind whether express or implied including but not limited to, implied warranties of merchantability and fitness for a particular purpose which are hereby expressly disclaimed. In particular, without limitation, Holitec makes no warranty that the service will be uninterrupted, timely, secure or error free, or that the service will be available at any particular time or location.
6.6 Holitec shall not be responsible for any defamation of character or goods or services or for any infringement of intellectual property rights or trade names or trademarks or patents or copyright or any contempt of Court or any infringement of the rights to privacy of any person or any breach of contract or civil wrong or tort or other violation or infringement of right or offence committed or attempted through the Service.
6.7 Holitec will be responsible for equipment failures, In the event of total failure of equipment which cannot be rectified within 1 working day, the User will be entitled to Credit of 1 day subscription for each 24 hour period the service is unavailable.
6.8 Holitec shall not be responsible for any problems due to other suppliers failure, such as failure of the internet access (CYTA/Virgin Media) or power outages (EAC,CEGB), however we will do our best efforts to resolve the problem.
7. COPYRIGHT & TRADEMARKS
7.1 This Service and any software connected directly or indirectly with the Service which belong to Holitec or Holitec's partners and all material or content contains information which is protected by copyright, trademarks, service marks, patents or other proprietary rights.
7.2 Users may not copy, reproduce, distribute, commercially exploit or create derivative works from this content without expressly being authorised to do so in writing by Holitec or the publisher of such content.
8. NO RESALE
8.1 This Service cannot be resold, exploited, or used in whole or in part for any commercial purpose, without Holitec's prior consent.
9. DEPOSIT REFUND
If a deposit has been paid on the premier range equipment and you wish to return the equipment, we will refund the deposit paid provided:-
1 - You give us sufficient notice to arrange for the removal of the equipment.
2 - The equipment is complete, fully working and has not been replaced in the past due to physical damage or misuse .
3 - If you are moving to another provider, as a responsible Company we will only allow the deposit refund and removal if the other provider is actually licensed as an Internet Service Provider in accordance with the Local Laws of the Country of operation.
For deposits held for over 5 years, the amount refunded will be reduced by 1/5 per year over 5 years.
10. IPTV & TRIPLE/DOUBLE PLAY - Streaming service
The Triple play service includes a 2MB streaming service, and the customer may specify a specific IP address that he/she wished to prioritise traffic from such as a home slingbox. The number of users may be restricted due to bandwidth limits. Encrypted and pay per view services are currently unavailable due to rights restrictions imposed on the supplier and are unavailable here. Catch up services, and live streaming services such a BBC i-player or ITV player are not directly available via our system and are subject to VPN/international bandwidth availability. Holitec does not monitor any stream or IP Tunnel content.
11. RELAY STATION OPERATORS
Relay stations are provided free of charge with free internet access to the standard level. Holitec is responsible for the licensing and maintenance of the equipment, and owns the equipment. The owner of the property in exchange agrees to supply power and ensure that the equipment is secure. Failure of the power supplies which are not due to the utility company (such as disconnection due to non payment) or damage to the equipment will result in the owner being responsible for any refunds and claims by Holitec customers. If the owner is aware of any maintenance work which could affect the operation of the equipment, they must contact Holitec in advance in order that we may make arrangements such as fitting a generator to run the equipment. Additionally, the owner agrees that Holitec Employees are able to access the equipment if reasonable notice is given.
12. REFUND POLICY
For purchases made through the web site, for installation and subscriptions. We offer a full 30 day money back guarantee from the date of installation, if either we are unable to provide the service at the defined location, or it is unsuitable. Equipment purchased is covered by a 12 month equipment warranty, subject to the manufacturers warranty conditions excluding misuse or electrical damage due to storms or local mains supply problems. A full refund will be given for cancellation of installation prior to the agreed installation date. Furthermore if a full cancellation of the service is required and pre paid fees will be refunded.
13. FAIR USAGE POLICY
Holitec Broadband, like all internet providers operates a fair usage policy. Customers share the available international bandwidth according to the contention ratio. Most ISP’s operate a 50:1 contention ratio for home connections, and 10:1 for business connections, and Holitec follows this policy. Currently Fair usage on a home connection is defined as follows:-
Up to 4/5MB connection: 5GBper day
Up to 6/8MB connection: 10GB per day
Up to 8/12MB connection: 15GB per day
Up to 15/24Mb connection: 30GB per day
Any user exceeding these sensible limits may be sent an email to alert them of excessive use on their service level. Speeds may be reduced to maintain other users connection rates. Customers may check their usage by logging into their account with their account number at any time.
14. CALL OUT FEES
Our standard call out fee is €30 or £25 depending on the country of operation. These are applicable only in the event of a problem that the customer could easily resolve; examples include switching the equipment on, router security settings (forgetting the password etc). No call out fee is payable for any problem with our equipment, within the warranty period. Our equipment includes the roof mounted receiver, connections and power supply. Cable replacement due to damage (such as sun/rain etc) is chargeable at £0.30 per metre, plus the standard call out charge. If the customer receiver unit is out of the standard warranty period, the call out fee plus the cost of replacement will be charged (currently €120 or £100). Our equipment does not include the router, or ancillary equipment supplied to the customer. Replacement routers are available at €30 or £25 including set up and configuration, plus the standard call out charge.
15. CONTACT DETAILS
By Post:- Shop 11, Aristo Complex, Coral Bay, Paphos, 8575
16. APPLICABLE LAW
16.1 These terms and conditions shall be governed in all respects by the laws of the Republic of Cyprus.
17.1 Local laws apply to the local operator, however Holitec Broadband Ltd will endeavour to resolve any problems with any local operator. Holitec Broadband Ltd will act as mediator and will be responsible for any franchise operations. In Cyprus, the OCECPR regulator will act as arbitator with any dispute with Holitec Computers Ltd, and their decision is binding.
COPYRIGHT NOTICE: All contents of this service are protected by copyright © 2017. All rights reserved.
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