Terms
& conditions
1. Gibtelecom hereby agrees to provide you with the Service on the terms and conditions of this contract.
2. The Customer hereby agrees to pay on demand for the appropriate charges as set out by Gibtelecom.
3. The Customer shall (if required by Gibtelecom) at all times maintain with Gibtelecom a Deposit from which Gibtelecom is hereby authorised to collect the payments and which shall be topped up by the Customer so that the Deposit does not at any time fall below an amount to be determined by Gibtelecom from time to time. The Customer shall not be entitled to any interest on the Deposit. Upon termination of the Agreement, subject to any rights of set-off which Gibtelecom may have against the Customer, the amount on deposit shall be returned by Gibtelecom to the Customer.
4. The Customer shall obtain and maintain in force any permit, licence, consent, authorisations and approvals which may be required from time to time by the Customer for the purpose of using the Service.
5. The Customer warrants, represents and undertakes that it will comply with all applicable Gibraltar laws and regulations relating to its business, instructions or guidelines issued from time to time by regulatory authorities, relevant licences and any other codes of practice which apply to the Customer in Gibraltar.
6. The Customer shall permit Gibtelecom staff to enter Customer’s premises for the purpose of constructing, inspecting, maintaining, altering or removing the installation.
7. The Customer hereby indemnifies and agrees to save harmless Gibtelecom from and against all claims, actions, losses, proceedings or liabilities whatsoever or howsoever arising out of or in connection with the Service.
8. The Customer shall not use the Service:-
(a) for sending any message which is offensive, abusive or indecent
(b) for making annoyance or malicious calls
(c) for any unlawful purpose or in an unlawful manner
9. Gibtelecom may interrupt or terminate the service to any customer contravening Clause 8 and may refuse to restore service.
10. Gibtelecom shall not be liable to the Customer in contract, tort or otherwise for death, illness or personal injury caused to the Customer through the use of the Service.
11. Gibtelecom shall not be liable to the Customer in contract, tort or otherwise for any financial loss or damage, whether direct or indirect, whatsoever or however arising from or as a result of any break in, suspension or malfunction of the Service.
12. Gibtelecom may temporarily suspend the Service without notice for the purpose of repair, maintenance, improvement thereof or to maintain the security and integrity of the service and or Gibtelecom networks.
13. The customer agrees to pay any Connection and/or Installation Fees applicable to the Service being provided.
14. Gibtelecom shall invoice the Customer monthly for the services provided and the Customer shall make the payments to Gibtelecom on the date shown for payment on the invoice. For up to date information of our:
(a) Pricing for individual products is included in the product specific page for that service on Gibtelecom’s website
(b) Some products may have additional terms and conditions specific to that product.
15. Gibtelecom may without prejudice to its rights, terminate the Agreement and suspend the service without notice, whether wholly or partly if the Customer fails to make payments promptly. If the suspended service is restored a reconnection fee may be charged to the customer, as may be determined by Gibtelecom.
16.(a) Subject to clause 16. (b), (c), and (d) this Agreement shall be for a period of one year from the date of acceptance by Gibtelecom as indicated upon application via email, e-form or instore; and thereafter shall continue in force until terminated by either party upon one month's notice in writing to each other.
(b) Unless otherwise indicated, Clause 16.(a) shall not apply to (i) Customers applying for Gibtelecom’s Fibre broadband service who at the time of acceptance by Gibtelecom as indicated in the Application Form are existing Gibtelecom retail broadband service Customers; and (ii) had been a Gibtelecom retail broadband Customer for a period exceeding 12 months prior to their application for Gibtelecom’s broadband service.
(c) Customers applying for Gibtelecom's broadband service who at the time of acceptance by Gibtelecom as indicated in the Application Form are existing Gibtelecom retail broadband Customers but have only been so for a period being less than 12 months prior to their application for Gibtelecom’s broadband service will be bound to the contract term applying at the time of their original application for the Gibtelecom retail broadband service.
(d) For the avoidance of doubt, in all cases under clauses 16. (b) and (c), the Agreement shall continue in force until terminated by either party upon one month’s notice in writing to each other.
17. This Agreement may be terminated forthwith:-
(i) by Gibtelecom
(a) If the Customer shall fail to make payments promptly
(b) If the Customer fails to observe and comply with the Terms and Conditions
(ii) by either party
(a) in the event of the other party having a receiver or a liquidator appointed or passing a resolution for winding up or a court shall make an order to that effect or being a partnership shall be dissolved or being an individual shall commit an act of bankruptcy or enter into a composition or arrangement with creditors.
18. The Customer is responsible for the line and for any apparatus belonging to Gibtelecom within the boundary of your premises and for their proper use; if they are lost, non-returned, destroyed or damaged (except for fair wear and tear) the Customer must pay our charge for their replacement and/or repair. The Customer must not interfere with it nor permit anybody else to do so.
19. The Customer may connect his equipment to the line only by means of a socket installed and maintained by Gibtelecom, unless we agree otherwise and we may withdraw our agreement by reasonable notice. Your equipment must not be used with your line (whether connected or not) except in accordance with our appropriate terms and conditions for the attachment of customer’s equipment to our telecommunications systems in force from time to time. In addition, you must not allow any other person to do any of the things forbidden by this paragraph.
20. Gibtelecom will not be held responsible for any Third Party Equipment connected to its network. In the event that any reported fault is determined by Gibtelecom to be caused by said Third Party Equipment, then a Call-Out Charge will be levied
21. The Customer shall not assign the Agreement.
22. Neither party shall be liable to the other for any breach of the agreement caused by Act of God, insurrection, riot, civil disorder, war military operations, local emergency, acts or omission of government or other competent authority, Gibtelecom’s compliance with any statutory or other legal obligation, industrial disputes of any kind (whether or not involving Gibtelecom’s employees) fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts or omissions of persons for whom Gibtelecom is not responsible (including in particular other telecommunications service providers) or any other cause whether similar or dissimilar outside Gibtelecom’s reasonable control.
23. This Agreement is subject to the Laws of Gibraltar, and Gibtelecom and the Customer submit to the exclusive jurisdiction of the courts of Gibraltar.
24. Gibtelecom's Privacy policy forms part of these terms and conditions. By agreeing to these terms and conditions you also give your consent to the way we process your personal information under our privacy policy. The policy is available on request from our Customer Services Centre at 15/21 John Mackintosh Square and also at www.gibtele.com/privacy-policy Gibtelecom also has a Consumer Code of Practice detailing what you should do in the event you wish to register a complaint. The Consumer Code of Practice is found athttp://www.gibtele.com/consumer-code-of-practice
25. Gibtelecom may adjust the amounts Customers have to pay for the Service, not more than once in every twelve (12) month period by such amount as reflects the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government.
DEFINITIONS
"Agreement" means the Application Form and these General Terms and Conditions, together with any relevant/applicable service level agreement and any other terms and conditions for specific products and/or services
"Application Form" means the application form for the relevant service
"Connection Fee" means any Initial, non-refundable one-off charge which may be necessary for the connection of the service.
"Customer" and “you” means the applicant named in the Application Form
"Installation Fee" means any charge necessary for the Installation of the service
"Payments" means all or any of (a) the connection charge as appearing on your bill (b) the monthly rental charge as appearing on your bill (c) all other telephone charges for calls made from your telephone line in accordance with the applicable rates in force at the time of billing (d) any other charge, which may be varied by Gibtelecom from time to time, in connection with the service
"Service" means any service provided by Gibtelecom at the request of the Customer. Emergency Services calling facilities are available on all Gibtelecom fixed line and mobile voice calling services. During electrical power outages, access to emergency services from a fixed line may be affected if you have a cordless handset. Calling location information is not available on any Gibtelecom service.
"Terms and Conditions" means these Terms and Conditions.
"Third Party Equipment" means any equipment which has not been installed or approved by Gibtelecom.
“RPI” means the Index of Retail Prices from time to time published by the Government of Gibraltar or any replacement index.
CALL-OUT CHARGE
Weekdays - £60 per hour with a minimum charge of £180 (three hours)
Weekends - £80 per hour with a minimum charge of £240 (three hours)
Gibtelecom Ltd
15/21 John Mackintosh Square
PO Box 929
Gibraltar +350 20052200
Email: care@gibtele.com
GIBTELECOM’s standard Terms and Conditions, available at www.gibtele.com or from our Customer Care apply to all services forming part of this bundle
1. These bundles include the following services:
- Mobile plan with included data, minutes and SMS.
- Broadband
- Landline with unlimited calls to local mobiles and landlines
- Gibtelecom TV on 1 TV and 1 mobile device
2. This offer only applies to Gibtelecom’s Residential customers.
3. There is a minimum period of 1 year for services included as part of this bundle.
4. The service starts on the date we activate it (Service Start Date). If we have to visit to install the broadband service, it will be activated after the installation is complete. The minimum period applies as from the Service Start Date.
5. Should you terminate any of the services prior to the end of the minimum period you will be liable to pay a Cease Charge of the total of the Monthly Charges for the remainder of the Minimum Term.
6. Inclusive usage as part of the Mobile plan includes local usage when on the Gibtelecom network. International calls and mobile usage whilst roaming abroad (other than within the EEA) does not form part of this Bundle and will be charged as per advertised rates for the mobile plan on the Company’s website.
7. Nominal broadband speeds are dependent on network conditions, in-building wiring and distance from Gibtelecom fibre distribution nodes. Simultaneous use of multiple devices and external factors, such as internet congestion beyond Gibtelecom’s network, can also affect performance. Service delivery is subject to the maximum available fibre broadband speed in your area.
8. Gibtelecom’s Landline Unlimited Local Minutes Plan includes the following services:
- An inclusive set of unlimited anytime local fixed and mobile, on-net and off-net, minutes. Calls to premium numbers; directory enquiries; special services; and short-code numbers are not included. Fair Usage Policy applies.
9. Gibtelecom TV is available exclusively to Gibtelecom residential broadband customers and will only work on the Gibtelecom network. Gibtelecom will provide you with the Set Top Box; HDMI cable; power cable and remote control.
10. When terminating the Service in the middle of a month you will be credited the pro-rata rental for the remaining number of days until the end of the month. This credit will be applied to the bill following the deactivation of the Service.
Fair Usage Policy
The Landline Unlimited Local Minutes Plan is designed to be suitable for customers with typical usage patterns, and they are priced on this basis. Accordingly, it is important that you understand what we consider to be “fair usage” in terms of the services that we provide to you.
If your usage goes beyond the limits set out in this policy, you may be subject to additional charges or, in some circumstances, we may suspend your use of the services. Please note that it is a requirement of your contract with us that you comply with this Fair Usage Policy.
Calls will be restricted to 1,500 calls per calendar month. Each of these calls will also be limited to a maximum of 60 minutes. Any minutes generated beyond the 1,500 calls allowance per month will be subject to Gibtelecom’s Standard calling rates. Calls over 60 minutes in duration may be either charged at Gibtelecom’s Standard calling rates or will be disconnected upon reaching this limit.
We have no obligation to monitor your usage to ensure that you do not exceed this Fair Usage Policy or any applicable limits.
Gibtelecom hereby agrees to provide you with the Broadband Services (the “Service”) on the terms and conditions of this Agreement.
Gibtelecom’s General Terms and Conditions of Service do not apply to the Services. These Terms and Conditions shall apply to all contracts for the provision of Broadband Services commencing on or after 1 September 2019.
The Customer hereby agrees to pay on demand for the appropriate charges as set out by Gibtelecom.
Gibtelecom shall invoice the Customer monthly for the Service and the Customer shall make the payments to Gibtelecom on the date shown for payment on the invoice. For up to date pricing information in respect of the Service please visit Gibtelecom’s website at www.gibtele.com. For methods of payment, please visit http://www.gibtele.com/faqs
The Customer shall obtain and maintain in force any permit, licence, consent, authorisations and approvals which may be required from time to time by the Customer for the purpose of using the Service.
- The Customer warrants, represents and undertakes that it will comply with all applicable Gibraltar laws and regulations relating to its business, instructions or guidelines issued from time to time by regulatory authorities, relevant licences and any other codes of practice which apply to the Customer in Gibraltar.
- The Customer shall permit Gibtelecom staff to enter Customer’s premises for the purpose of constructing, inspecting, maintaining, altering or removing the installation.
- The Customer hereby indemnifies and agrees to save harmless Gibtelecom to the fullest extent permitted by law from and against all claims, actions, losses, proceedings or liabilities whatsoever or howsoever arising out of or in connection with the Service.
- The Customer shall not use the Service:-
(a) for sending any message which is offensive, abusive or indecent
(b) for making annoyance or malicious calls
(c) for any unlawful purpose or in an unlawful manner
- Gibtelecom may interrupt or terminate the Service to any customer contravening Clause 9 and may refuse to restore Service.
- Gibtelecom shall not be liable to the Customer in contract, tort or otherwise for death, illness or personal injury caused to the Customer through the use of the Service.
- Gibtelecom shall not be liable to the Customer in contract, tort or otherwise for any financial loss or damage, whether direct or indirect, whatsoever or however arising from or as a result of any break in, suspension or malfunction of the Service.
- Gibtelecom may temporarily suspend the Service without notice for the purpose of repair, maintenance, improvement thereof or to maintain the security and integrity of the Service and or Gibtelecom networks.
- Gibtelecom may without prejudice to its rights, terminate the Agreement and suspend the Service without notice, whether wholly or partly if the Customer fails to make payments promptly. If the suspended Service is restored a reconnection fee may be charged to the customer, as may be determined by Gibtelecom.
- This Agreement shall be for a period of one year and thereafter shall continue in force until terminated by either party upon one month's notice in writing to each other.
- This Agreement may be terminated forthwith:-
(i) by Gibtelecom
(a) If the Customer shall fail to make payments promptly
(b) If the Customer fails to observe and comply with the terms of this Agreement
(ii) by either party in the event of the other party having a receiver or a liquidator appointed or passing a resolution for winding up or a court shall make an order to that effect or being a partnership shall be dissolved or being an individual shall commit an act of bankruptcy or enter into a composition or arrangement with creditors.
- The Customer is responsible for the line and for any apparatus belonging to Gibtelecom within the boundary of your premises and for their proper use; if they are lost, non-returned, destroyed or damaged (except for fair wear and tear) the Customer must pay our charge for their replacement and/or repair. The charge for replacing a damaged router or for non-return is £77. The Customer must not interfere with it nor permit anybody else to do so.
- The Customer may connect his equipment to the line only by means of a socket installed and maintained by Gibtelecom, unless we agree otherwise and we may withdraw our agreement by reasonable notice. Your equipment must not be used with your line (whether connected or not) except in accordance with our appropriate terms and conditions for the attachment of customer’s equipment to our telecommunications systems in force from time to time. In addition, you must not allow any other person to do any of the things forbidden by this paragraph.
- Gibtelecom will not be held responsible for any Third Party Equipment connected to its network. In the event that any reported fault is determined by Gibtelecom to be caused by said Third Party Equipment, then a Call-Out Charge will be levied
- The Customer shall not assign the Agreement.
- Neither party shall be liable to the other for any breach of the agreement caused by Act of God, insurrection, riot, civil disorder, war military operations, local emergency, acts or omission of government or other competent authority, Gibtelecom’s compliance with any statutory or other legal obligation, industrial disputes of any kind (whether or not involving Gibtelecom’s employees) fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts or omissions of persons for whom Gibtelecom is not responsible (including in particular other telecommunications service providers) or any other cause whether similar or dissimilar outside Gibtelecom’s reasonable control.
- This Agreement is subject to the Laws of Gibraltar, and Gibtelecom and the Customer submit to the exclusive jurisdiction of the courts of Gibraltar.
- By agreeing to these terms and conditions you confirm that you have read and understood our Privacy Policy which explains the way we process your personal information. The policy is available on request from our Customer Services Centre at 15/21 John Mackintosh Square and also at www.gibtele.com/privacy-policy Gibtelecom also has a Consumer Code of Practice detailing what you should do in the event you wish to register a complaint. The Consumer Code of Practice is found at http://www.gibtele.com/consumer-code-of-practice
- 24. Gibtelecom may adjust the amounts Customers have to pay for the Service, not more than once in every twelve (12) month period by such amount as reflects the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government.
DEFINITIONS
"Agreement" means the Application Form and these Terms and Conditions, together with any relevant/applicable service level agreement(s) and any other applicable terms
“Broadband Service (or Services)” means the provision by Gibtelecom of internet connectivity services through a Gibtelecom fixed line
"Customer" and “you” means the applicant named in the Application Form
"Payments" means all or any sums due from you to Gibtelecom under this Agreement in connection with the Service
"Terms and Conditions" means these Terms and Conditions.
"Third Party Equipment" means any equipment which has not been installed or approved by Gibtelecom.
“RPI” means the Index of Retail Prices from time to time published by the Government of Gibraltar or any replacement index.
Emergency Services calling facilities are available on all Gibtelecom fixed line and mobile voice calling services. During electrical power outages, access to emergency services from a fixed line may be affected if you have a cordless handset. Calling location information is not available on any Gibtelecom Service.
1. GIBTELECOM’s standard Terms and Conditions, available above or from our Customer Service Centre apply to all services forming part of this bundle
2. This promotion includes the following services:
- A mobile plan with included data, minutes and SMS.
- Broadband
- Gibtelecom TV on 1 TV and 1 mobile device
3. This offer only applies to Gibtelecom’s Residential customers.
4. There is a minimum period of 1 year for services included as part of this bundle. A new minimum term of 1 year will apply to existing bundle customers when contracting the Gibtelecom TV service, commencing from the Service Start Date for the Gibtelecom TV subscription.
5. The service starts on the date we activate it (Service Start Date). If we have to visit to install the broadband service, it will be activated after the installation is complete. The minimum period applies as from the Service Start Date.
6. Should you terminate any of the services prior to the end of the minimum period you will be liable to pay a Cease Charge of the total of the Monthly Charges for the remainder of the Minimum Term.
7. Inclusive usage as part of the Mobile plan includes local usage when on the Gibtelecom network. International calls, calls to other service providers or mobile usage whilst roaming outside of the EEA does not form part of this Bundle and will be charged as per advertised rates for the Pay Monthly mobile plan on the Company’s website.
8. Nominal broadband speeds are dependent on network conditions, in-building wiring and distance from Gibtelecom fibre distribution nodes. Simultaneous use of multiple devices and external factors, such as internet congestion beyond Gibtelecom’s network, can also affect performance. Service delivery is subject to the maximum available fibre broadband speed in your area.
9. Discounted bundle packages are available for pensioners aged 65 or over, priced at £35. Pensioners are required to produce a valid pensioners card on application. The terms and conditions above also apply to this package.
1. GIBTELECOM’s standard Terms and Conditions, available above or from our Customer Service Centre, apply to all services forming part of this bundle.
2. This promotion includes the following services:
- Mobile plan with 1000 local minutes, 1000 SMS and 20GB of mobile data
- Up to 100Mbps fibre broadband and up to 10Mbps upload.
- Starter Email Hosting package which includes up to 10 email addresses 10GB email storage (1GB per mailbox).
- Eligibility to upgrade to Premium Email Hosting at discounted rates.
- Premium Web Hosting package which includes SSK tools, 50GB of web space and up to 5 different domains.
- Additional mobiles on the same account as the Monster Bundle will also be eligible for upgrades to double their mobile data (on application) on eligible Midi and Maxi mobile plans as per 'Go Double' promotion.
3. This offer only applies to Gibtelecom’s Business customers and is limited to one bundle per account.
4. There is a minimum period of 1 year for services included as part of this Bundle.
5. The service starts on the date we activate it (Service Start Date). If we have to visit to install the broadband service, it will be activated after the installation is complete. The minimum period applies as from the Service Start Date.
6. Should you terminate any of the services prior to the end of the minimum period you will be liable to pay a Cease Charge of the total of the Monthly Charges for the remainder of the Minimum Term.
7. Inclusive usage as part of the Mobile plan includes local usage when on the Gibtelecom network (to Gibtelecom numbers). International calls, calls to other service providers or mobile usage whilst roaming abroad (other than within the EEA) do not form part of this Bundle and will be charged as per advertised rates for the mobile plan on the Company’s website.
8. Nominal broadband speeds are dependent on network conditions, in-building wiring and distance from Gibtelecom fibre distribution nodes. Simultaneous use of multiple devices and external factors, such as internet congestion beyond Gibtelecom’s network, can also affect performance. Service delivery is subject to the maximum available fibre broadband speed in your area.
- Product description
Gibtelecom TV is a feature rich multimedia solution delivering linear TV and easy access to applications via a Gibtelecom set top box or via the Gibtelecom TV mobile application. More details on the TV service can be found at gibtele.com/tv
- Eligibility
Gibtelecom TV is available exclusively to Gibtelecom residential broadband customers and will only work on the Gibtelecom network.
- Use
- a) Gibtelecom TV is provided for use in residential premises only and for your private and domestic use. It must not be used for any commercial purposes.
- b) Gibtelecom TV is not to be used for copying or recording all or any content watched or held on the set-top box or app, except as allowed by law for your own private and domestic use. You must not re-sell, or charge anyone for watching or using any part of the television service. You must not broadcast or show any live or recorded content to the public or to anyone in an office or commercial space or otherwise use the Gibtelecom TV service for any commercial purposes. Failure to meet conditions 3 (a) and (b) gives Gibtelecom the right to terminate your agreement without notice.
- c) Gibtelecom may prevent copying of anything on the set-top box where reasonable, e.g. when such copying may infringe the intellectual property rights or any other right of a third party.
- Technical requirements
- a) To receive Gibtelecom TV you must:
- have a television with a HDMI connection. If you require further information on connecting your device visit the ‘Support’ pages on our website or consult the Quick Start Guide included with your Set Top Box.
- keep the Set Top Box connected to your Gibtelecom broadband, otherwise most services and functionality will be lost.
iii. have your own television and any other necessary equipment. Gibtelecom will provide you with the Set Top Box; HDMI cable; power cable and remote control.
- b) In order to access additional free-to-air channels you can use any working TV aerial at the address where the Set Top Box will be used. Ideally these should be an external or rooftop aerial as indoor aerials may not be sufficient. This aerial will not be provided as part of Gibtelecom’s service and it is your responsibility to arrange this if you don’t already have one and want to benefit from additional channels. Only DVB-T antennas will work with the TV Set Top Box.
- c) Gibtelecom recommends that the main TV in the property is connected via a wired connection. Gibtelecom will wire up the Set Top Box in the area of the main TV as part of the initial installation. Charges for wiring up additional rooms and TVs may apply, in line with Gibtelecom’s standard engineer call-out rates (see General Terms and Conditions). Secondary TVs may be connected wirelessly by connecting to your home Wi-Fi network.
- Using our Gibtelecom TV box
- a) The Set Top Box will remain property of Gibtelecom at all times. We provide you with the hire of the set top box so you can receive content. You are responsible for making sure that the equipment is in good working condition and used properly in accordance with these terms and conditions.
You also agree to:
- i) allow us to make alterations or upgrade or replace the box if necessary. We may need reasonable access to your home to do this or we may need you to follow reasonable instructions from us or the box manufacturer;
- ii) keep the equipment in your home and under your supervision and control. You must not sell it, hire it out to anyone else (whether free or for a fee) or use it as security for a loan or to settle any debts;
iii) not tamper with, disassemble, misuse, neglect or damage the box;
- iv) not remove or tamper with any of the labels or stickers on the box;
- v) allow Gibtelecom to access the box remotely and perform any diagnostics or install software;
- vi) keep the box in a cool, dry place with good airflow. The box should be located in a room between 0 and 40 degrees Celcius. This box does not have a built-in cooling fan and so you will need to keep the box uncovered and the entire top side free of obstacles to allow it to cool; and
vii) allow us to amend the television functionality or switch it off completely for any good reason, including but not limited to: failure to make payments relating to the TV service; disconnection of Gibtelecom broadband and/or any reason required by law such as intellectual property infringement or the threat of legal action.
- b) If you do not comply with our reasonable requirements in 5 (a) above Gibtelecom has the right to charge you a full replacement fee for the box. You must immediately report to our Customer Services team if the box is lost, damaged or stolen. We may charge you for any loss or damage to the equipment caused by you or your negligence.
- c) If the service is terminated by either party for any reason, you must return the box to Gibtelecom. If you fail to return the box within 30 days you will be charged the full replacement cost, including any reasonable costs connected with retrieving the box and locking services on the box.
- d) The Set Top Box contains various material, software and content protected by third party copyright and other intellectual property rights. You agree by using the set top box not to infringe any of those rights such as copying, decompiling or altering the software contained in the box. You may only use the software in the form provided and in conjunction with the box. No unauthorised software should be used on the box. By using the Set Top Box you are accepting the end user license agreement which you can view under: Tools > Help > Settings > Licensing & Copyright on the menu.
- Content
- a) Gibtelecom TV content (channels and/or apps) may, at Gibtelecom’s discretion, change from time to time without notice. This does not confer Gibtelecom TV customers any termination rights, including to early termination of the agreement or refunds.
- b) The Set Top Box will be provided to you offering a basic package of IPTV channels, which can be supplemented by free to air channels using a digital aerial. Additionally it integrates third party content or services e.g. Rakuten and Prime Video. Some of these third party content providers may require you to accept additional terms and conditions and pay additional fees. These fees are in addition to any monthly subscription fees you may part as part of your broadband and TV service plan or bundle. Gibtelecom will make it clear when contracting the service as to what inclusive content is available when you subscribe and what is available for purchase on demand. This content may change from time to time at Gibtelecom’s discretion and Gibtelecom will notify accordingly, however this does not give the right to early termination of the agreement.
- c) If you select and view any additional chargeable content, this will be paid directly to the content provider and will not be charged to your Gibtelecom bill. The subscription period and charges will be as set by the third party provider. You are advised to read all relevant details and terms and conditions before you purchase the content.
- d) Gibtelecom is not responsible for the loss of any content you may have recorded or have scheduled to record at any time, including when Gibtelecom updates the Set Top Box with new software. You hereby acknowledge that software updates may disrupt scheduled recordings and Gibtelecom is not responsible for anything that does not record or that is lost during these updates. If the box needs to be returned or repaired, Gibtelecom is not responsible for any content that is lost.
- e) Gibtelecom endeavours to provide high quality IP feeds for its linear channel offering. However the number and quality of channels provided to you over digital terrestrial aerials is dependent on a number of factors over which we have no control – it may depend on the quality of your aerial and signal strength in your area. We also cannot guarantee completeness or accuracy of the Electronic Programme Guide for channels obtained via aerial.
- f) The content provided through the Gibtelecom set top box may not be suitable for viewing or use by people of all ages. It is therefore your responsibility:
- to set up and maintain parental controls; and
- to ensure that any content viewed or used is suitable for those viewing or using it (including children).
The parental control PIN can be set during initial set up. It can be configured to block post post-watershed content for television and broadcast recordings, hide adult channels, lock TV programmes with guidance labels and lock specific apps. Please note that apps in the ‘App’ section are controlled by third party content providers who may provide their own parental controls and PINs.
- Functionality
- a) Multi-screen and fetch
The set top box allows you to view different content on up to five compatible devices at the same time, whether live or recorded (including your main television).
- b) Mobile app
Customers can access some of the linear content via the Gibtelecom TV mobile app. This app is restricted to your in-home Gibtelecom Wi-Fi network and Gibtelecom’s mobile data networks (3G and 4G). Customers will only be able to access the mobile app if they log in using a valid Gibtelecom TV subscriber ID and password. The number of mobile devices registered at any given time is capped to those contracted as part of the subscription
- c) Catch-up
Catch-up functionality is only available on certain channels and for certain content, as per licensing restrictions. Where catch-up is available it is indicated in the electronic TV guide and content is available to view for up to 7 days after it initially airs.
- Your information
- a) We will be collecting information about you and your use of Gibtelecom TV including but not limited to the following:
- Your account information such as your address, billing history, services you use and anything else relating to your Gibtelecom account (as per the terms of our Privacy Agreement).
- The channels you are using and the types of programmes you watch
iii. The types of features and functionality you are using
- Your viewing preferences
- Your communications with us
- b) We will use this information for the proper administration of your account, to provide you with relevant service information and updates, and to develop and improve our products and services.
- c) We may use aggregate information and statistics for the purposes of monitoring usage of our services in order to help us develop our services, and may provide aggregate information third parties such as advertisers and third party content providers but these statistics will not include any information that can be used to identify you as an individual.
- Gibtelecom may adjust the amounts Customers have to pay for the Service, not more than once in every twelve (12) month period by such amount as reflects the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government.
Definitions
“RPI” means the Index of Retail Prices from time to time published by the Government of Gibraltar or any replacement index.
Rakuten voucher offer conditions
The voucher can be redeemed against movies which are available for rental and not for purchase only options.
Customers will need to register for the Rakuten TV service in order to be able to redeem the vouchers.
By registering for the Rakuten TV service customers must adhere to the Rakuten Terms of Use
https://uk.rakuten.tv/terms_conditions/982
This promotion is available exclusive for Gibtelecom TV customers.
Rakuten TV is a third party application and Gibtelecom has no editorial control over the content made available via the application.
Roaming services are available by default on all Gibtelecom mobile plans. If you wish to disable roaming you can do this on your mobile device or request barring on all roaming services or barring on data roaming services by contacting Gibtelecom Customer Services.
DATA ROAMING LIMIT
Data roaming can be expensive as it is dependent on distant operator charges. When you roam, you will have an automatic £42 (the sterling equivalent of €50) limit on data usage while roaming per calendar month, but you can change this limit at any time to suit your data roaming needs by contacting Gibtelecom Customer Services in person, by email or over the phone. You will be advised when you reach 80% and 100% of this cap, and barred thereafter. In order to reactivate data roaming you can contact Gibtelecom Customer Services.
WHITELISTING
Customers can request that Gibtelecom remove the data roaming limit mentioned above - this is known as whitelisting. This request must come from the account holder or a person authorised on the Gibtelecom account. Doing so will mean that the customer is liable to pay any bills generated whilst roaming, which may be high. We recommend that instead of opting to 'whitelist' the number, you increase the data roaming limit to a larger cap but maintain the control on your data roaming spending.
ROAMING IN THE EEA
As from 1 June 2017 roaming usage within the EEA is included as part of your mobile plan allowances and bundles. Visit our 'Roam Like at Home' section for further details. Roaming usage outside of inclusive plans and bundles will be charged as per local off-net and out of bundle rates.
Note that Roam Like at Home is designed for Gibraltar residents who are on holiday, visiting relatives or taking business trips abroad. It is not designed for extended periods abroad or for permanent roaming.
DATA ROAMING QUALITY OF SERVICE
In order to manage traffic we may slow down the service when using data abroad. We may also slow down the service if you reach a level of data consumption which we deem to be excessive, network affecting, affecting the use of other customers or usage that is not in accordance with your terms of service. Audio and video streaming are available but the quality of the audio/video may be optimised for a mobile device.
Mobile data, at home or abroad, is not intended to be used for connection to devices such as modems, for the continuous streaming of multimedia content or for P2P or file sharing in such a way that adversely impacts the service to other Gibtel customers
GETTING IN TOUCH WHEN YOU’RE ABROAD.
On arrival to any country you'll get personalised pricing information on the call, SMS and data rates with the operator you are roaming with. You may choose to opt out of receiving these messages by contacting Gibtelecom Customer Services, but this is not recommended.
Should you need clarification or additional roaming support you can call Freephone +350 20052201 when roaming to speak to Gibtelecom's roaming support team.
Gibtelecom may adjust the amounts Customers have to pay for the Service, not more than once in every twelve (12) month period by such amount as reflects the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government.
DEFINITIONS
“RPI” means the Index of Retail Prices from time to time published by the Government of Gibraltar or any replacement index.
Plans are designed for normal person to person use from your phone and are subject to your acceptance of our standard terms and conditions for pay monthly services. All pay monthly plans subject to a minimum 12 month contract. As per those terms, they are also not to be used for anything unlawful or to send nuisance communications. If you are found to be in breach of this term, we reserve the right to disconnect your SIM card from our network.
USAGE CHARGES
Your inclusive allowance of minutes and texts are for calls/texts to all local numbers, including offnet numbers, or when roaming in the EEA. This does not include international calls, premium rate services, directory enquiries or other facility or special rate calls. Usage whilst roaming outside the EEA is also not included and standard roaming rates apply.
For information on charges forusage outside of allowances, including for data,please refer to our Gibtelecom website at www.gibtele.com
Local and international calls (except to voicemail, premium numbers, directory enquiries or other facility or special rate calls) are charged per second after an initial minimum charge of one minute
DATA USE
You will need data mobile coverage to use mobile internet on your phone and a compatible device. Maximum speeds are dependent on handset, network conditions and the base station being accessed.
Data usage whilst roaming (other than within the EEA) is not included in data bundles or monthly allowances.
Data allowances will reset automatically on the 1st of the month and apply during one calendar month.
You can keep track of your data usage via the MyGibtelecom app or web portal, or by texting DATACHECK to 8100.
OUT OF BUNDLE DATA CHARGES
Customers will receive an SMS notification when they reach 50%, 80% and 100% of their data limit. Once 100% is reached, you will have an automatic £42 limit on data usage per calendar month, but you can change this limit at any time to suit your data roaming needs by contacting Gibtelecom Customer Care in person, by email or over the phone. You will be advised when you reach 80% and 100% of this cap, and barred thereafter. In order to reactivate data roaming you can contact Gibtelecom Customer Care.
DATA BOOSTS
Inclusive data allowances can be topped up using a Data Boost.
If your data runs out you can simply buy a one-off Data Boost to get you through to the end of the month. Boosts will not apply automatically each month – they will expire at the end of the calendar month that they are purchased. Data Boosts must be purchased using the MyGibtelecom app or web portal, via email, over the phone, or in-store.
STARTING OR TERMINATING YOUR PAY MONTHLY MOBILE PLAN
Should you contract a plan mid-month you will be allocated a pro-rata allowance of minutes and texts for that month e.g. if the month has 30 days and you contract the plan on the 15th you will get half of the voice minutes and texts for that plan – after which out of bundle charges will kick in. On the 1st day of the following months, the full allowances will be available.
Should you terminate a plan mid-month, the same rules apply e.g. if you terminate the contract on the 15th you will be entitled to half of the allowances for the plan you contracted. If you have already exceeded half of the plan allowances any additional usage will be billed at out of bundle rates and added to the next monthly invoice.
Note that in both cases rental charges are also applied pro-rata as rentals are paid in advance.
Should you terminate a plan mid-month, the same rules apply e.g. if you terminate the contract on the 15th you will be entitled to half of the allowances for the plan you contracted. If you have already exceeded half of the plan allowances any additional data will be billed at out of bundle rates and added to the next monthly invoice.
Note that in both cases rental charges are also applied pro-rata as rentals are paid in advance.
- When subscribing to a plan in the middle of the month you will be charged for a full month plus the pro-rata rental for the number of days remaining until the end of the month. These charges will be applied on the bill received following the activation of the service.
- • When disconnecting a plan in the middle of the month you will be credited the pro-rata rental for the remaining number of days until the end of the month. This credit will be applied to the bill received following the deactivation of the service.
1. Gibtelecom’s Terms & Conditions apply in addition to these Terms and Conditions.
2. The Agreement shall be for a period of 12 or 24 months from the date of acceptance by Gibtelecom and thereafter shall continue in force until terminated by either party upon one months notice in writing to each other.
3. The Gibtelecom service is for your own use and must not be re-sold.
4. The monthly rental charge is dependent on the Gibtelecom Contract Plan and mobile handset selected. In order to be eligible for a pay monthly handset agreement customers must have held a Gibtelecom account for more than 1 year and the account must be in good financial standing - with no outstanding bills and set up for payment via direct debit.
5. On completion on the 12 or 24 month contract, the customer will continue to be billed for their mobile plan (and associated data bundle if on a Select Plan), until such time as the customer requests that this is no longer required.
6. Early Termination - your mobile handset has been provided as part of your subscription over a 12 or 24 month period. In the event of early termination before the initial minimum contract period, you will be required to pay the outstanding balance of the sale price for your handset at the full retail price, calculated as follows;
ETC = ([12 or 24] – a) x (b ÷ [12 or 24])
Where:
ETC = Early Termination Charge
a = Subscription period in months
b = Device outright sale price
7. Returns - at Gibtelecom, we ensure that all devices are sourced from official distributor channels. In doing so, we eliminate cross-network compatibility issues, by providing non carrier-branded devices which have been manufactured without network specific settings or software. We want you to be happy with your new product, therefore should your product develop a fault within 30 days of purchase, we will exchange it at our Customer Service Centre. This policy does not apply where the product has developed a fault as a result of your intentional or negligent damage.
How to determine if your phone is considered defective - phones are generally considered to be defective and covered under warranty if the phone has stopped functioning properly due to no fault of the user. For example, a software malfunction would typically be considered a defect of the phone. Phone damage not considered defective includes, but is not limited to:
i. Cracks on or damage to the phone case indicating that the phone has been dropped.
ii. Damage indicating that the phone has been exposed to liquid.
iii. LCD damage such that the phone screen has cracks or blue spots.
iv. Phones that have been modified or tampered with.
8. Lost or stolen devices. Gibtelecom will not be held responsible in the unfortunate event that any customer may have their mobile handset lost or stolen. It is recommended that an insurance policy is obtained in order to safeguard your investment. The remainder of the contract term will still need to be paid if a device is lost or stolen.
PAY AS YOU GO TERMS & CONDITIONS
Gibtelecom's Pay As You Go plan gives you the flexibility to top-up at any time and keep control of your spending with no contract or account required.
Customers may top-up and purchase data and SMS bundles either through the MyGibtelecom app, or online at https://www.gibtele.com/mobile/payg-top-up-online
VALIDITY
The validity period on a Pay As You Go plan is 270 days from the date of your last top-up, after which any outstanding credit will be lost. You will then have an extra month in which you will only be able to receive calls and replenish your account. If your account is not replenished during this extra month, your Pay As You Go account will be discontinued resulting in the loss of your Pay As You Go mobile number.
DATA BUNDLES
There are a number of Pay As You Go data bundles available offering more data and better value to customers. Details and pricing are available at www.gibtele.com/PAYG
All Pay As You Go data bundles, excluding the 7 Day Pass, will allow you to use the respective data allowance over a period of 30 days. The bundle will expire upon reaching the purchased amount of data or when the 30 days are up, whichever comes first. Unused data will not be carried over beyond the 30 days.
The 7 Day Pass allows you to purchase unlimited data for 7 days. A Fair Usage Policy applies for this unlimited data bundle. Upon reaching 5GB of usage, the speed will be reduced to 512Kbps. Thereafter, at 8GB the speed will be reduced to 256Kbps and at 12GB the speed will be reduced to 128Kbps.
NOTE: Additional bundles may be purchased and queued. They will kick in once the active bundle is consumed or expired.
You will receive an SMS notification when you reach 50%, 80% and 100% of your data bundle. Data will be charged at 17p per MB for out-of-bundle usage. Data will be charged at 17p per MB for out-of-bundle usage.
TIP: You can check the consumption and expiry date on your Data Bundle on the MyGibtelecom mobile app or by texting DATACHECK to 8100. You will also be advised of any pending bundles.
SMS BUNDLES
SMS100 – The SMS100 bundle allows you to buy 100 SMS messages.
NOTE : SMS Bundles have a 30 day expiry date, however purchasing another bundle within the thirty day period will bring forward any remaining SMS messages from the previous bundle.
TIP: You can check your SMS Bundle Balance by texting SMSCHECK to 8100.
BUNDLE ACTIVATION VIA SMS
All bundles can also be activated via an SMS message to 8100 using it respective keyword. Details and pricing are available online at www.gibtele.com/PAYG
Furthermore, customers may also activate both SMS and data bundles by visiting the Gibtelecom Customer Service Centre at John Mackintosh Square.
Gibtelecom may adjust the amounts Customers have to pay for the Service, not more than once in every twelve (12) month period by such amount as reflects the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government.
DEFINITIONS
“RPI” means the Index of Retail Prices from time to time published by the Government of Gibraltar or any replacement index.
REFUND POLICY
Customers may cancel an online Pay As You Go replenishment transaction within 7 days, provided the full transaction credit amount is available. Cancellation requests can only be handled in person at Gibtelecom’s Care and customers are required to bring the following information relating to the transaction:
• transaction number
• online receipt
• mobile number recharged
• replenishment amount
• date & time of transaction.
Gibtelecom aims to refund the full amount within 30 days.
Any refunds resulting from erroneous entries of mobile number and/or credit amount details will not be entertained.
Gibtelecom may adjust the amounts Customers have to pay for the Service, not more than once in every twelve (12) month period by such amount as reflects the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government.
DEFINITIONS
“RPI” means the Index of Retail Prices from time to time published by the Government of Gibraltar or any replacement index.
1. These Landline Plan’s Terms and Conditions (“Unlimited T&Cs”) are supplemental to Gibtelecom’s General Terms and Conditions. To the extent that any provision of these T&Cs conflict with Gibtelecom’s General Terms & Conditions, then the Landline Plan’s T&Cs will prevail.
2. Charges will be billed monthly in advance. Current Gibtelecom Plan prices are available from the Gibtelecom website at www.gibtele.com
3. This Service only applies to Gibtelecom Residential and Business customers and is limited to one Service per telephone line.
4. The minimum initial contract term is 12 months (“Minimum Term”). A promotional discount of 50% of the monthly price for the first three months is available for 12-month contracts, with a promotional discount of 50% of the monthly price for the first six months for customers who commit to a 24-month contract. These promotional discount offers can be withdrawn at any time by Gibtelecom.
5. Should you terminate your contract prior to the end of the Minimum Term you will forgo any promotional discount being applied and be liable to pay a cease charge of the total of the monthly charges for the remainder of the Minimum Term.
6. When subscribing to the Service in the middle of a month you will be charged a pro-rata charge corresponding with the number of days remaining until the end of that month. A full month’s charge will then be applied as from the following month. These charges will be applied on the bill received following the activation of the Service.
7. Customers are required to give one months' notice in writing when terminating their service.
8. By agreeing to these Terms and Conditions you accept and recognise that you have read and fully understand its contents therein.
LANDLINE UNLIMITED LOCAL MINUTES PLAN (THE “SERVICE”)
1. Gibtelecom’s Landline Unlimited Local Minutes Plan includes the following services for a fixed monthly charge:
- Landline: Pay as You Talk Plan
- An inclusive set of unlimited anytime local fixed and mobile, on-net and off-net, minutes. Calls to premium numbers; directory enquiries; special services; and short-code numbers are not included. Fair usage policy applies. See below.
2. The Landline Unlimited Local Minutes Plan is designed to be suitable for customers with typical usage patterns, and they are priced on this basis. Accordingly, it is important that you understand what we consider to be “fair usage” in terms of the services that we provide to you..
3. If your usage goes beyond the limits set out in this policy, you may be subject to additional charges or, in some circumstances, we may suspend your use of the services. Please note that it is a requirement of your contract with us that you comply with this Fair Usage Policy.
4. Calls will be restricted to 1,500 calls per calendar month. Each of these calls will also be limited to a maximum of 60 minutes. Any minutes generated beyond the 1,500 calls allowance per month will be subject to Gibtelecom’s Standard calling rates. Calls over 60 minutes in duration may be either charged at Gibtelecom’s Standard calling rates or will be disconnected upon reaching this limit.
5. We have no obligation to monitor your usage to ensure that you do not exceed this Fair Usage Policy or any applicable limits.
6. Customers are required to give one months' notice when terminating their service.
TERMS & CONDITIONS – LANDLINE: 250 LOCAL MINUTES PLAN (THE “SERVICE”)
1. Gibtelecom’s Landline 250 Local Minutes Plan includes the following services for a fixed monthly charge:
- Landline: Pay as You Talk Plan
- An inclusive set of 250 anytime local fixed and mobile, on-net and off-net, minutes. Calls to premium numbers; directory enquiries; special services; and short-code numbers are not included.
2. Once you have consumed all the minutes included in the Service, you will be charged at the corresponding Gibtelecom standard call rates. Compatible Gibtelecom “Add-ons” can be used to increase the number of inclusive minutes available. Terms and Conditions apply.
3. The number of minutes included with the Service will reset automatically on the 1st of each month and apply during one calendar month.
4. When subscribing to the Service in the middle of a month you will be charged a pro-rata charge corresponding with the number of days remaining until the end of that month. The number of inclusive minutes will also be adjusted to reflect this. A full month’s charge will then be applied as from the following month. These charges will be applied on the bill received following the activation of the Service.
5. Unused inclusive minutes do not rollover from one month to the next, and you are not entitled to any refund in respect of any unused minutes, either at the end of any billing period or where you terminate the service.
TERMS & CONDITIONS – LANDLINE ADD-ON: 100 INTERNATIONAL MINUTES
1. Gibtelecom’s Landline Add-On: 100 International Minutes (the “Service”) gives you 100 minutes of anytime calls to fixed and mobile destinations in the following countries for a fixed monthly charge:
a. United Kingdom
b. Spain
c. Portugal
d. USA
2. Calls to 884, premium numbers; directory enquiries; special services; and short-code numbers in the above destinations are not included.
3. Charges will be billed monthly in advance. Current Add-On prices are available from the Gibtelecom website.
Our “No Contract” mobile plans are designed to allow you to have inclusive data, calls and texts without having to worry about topping-up. You do this by setting-up a recurring monthly payment (via credit/debit card) with us.
1. In addition to the Terms and Conditions set out below, our General Terms and Conditions, available here, apply to all services forming part of these No Contract mobile plans.
2. Your No Contract mobile plan consists of a monthly allowance of minutes, SMS and data.
3. Your plan will be active for rolling periods of 30 days.
4. Restrictions for your No Contract mobile plan will be applied by us if payments are not made by you after the following time periods:
a. after 30 days you will no longer be able to make outbound calls or consume data but will still be able to receive calls .
b. after 60 days you will, in addition to the restrictions mentioned above in 3(a), be unable to make calls. Your No Contract mobile number along with any credit will be withdrawn at the end of this period.
5. You can stop, pause or change your No Contract mobile plan at any time.
6. Your inclusive allowance includes calls, SMS and data within the EEA including offnet numbers.
7. Your inclusive allowance does not include international calls, premium rate services, directory enquiries or other facility or special rate calls.
8. Usage whilst roaming outside the EEA is also not included in your inclusive allowance and standard roaming rates apply. For more information on charges outside of the EEA, please refer to our mobile roaming rates here.
9. All local calls outside of your monthly allowance including landline and off-net numbers are charged at 20p per minute with no call connection fee.
10. You will need 2G/3G/4G/4G+ coverage to use data on your mobile device.
11. Maximum speeds are dependent on handset and network conditions.
12. Data allowances will reset automatically on the first day of each new 30-day term subject to a successful payment having been taken from the credit/debit card registered on your account.
1. Gibtelecom’s General Terms & Conditions apply in addition to these Gaming Console Terms and Conditions (the "Agreement", or "Gaming Console 24 month Contract".
2. This agreement shall be for a period of 24 months from the date of acceptance by Gibtelecom. During this period, 1/24th of the full retail price of the Gaming Console will be added to your monthly bill.
3. Gibtelecom customers can only qualify for a Gaming Console 24 month contract if they have a Gibtelecom broadband line. In order to subscribe to a Gaming Console 24 Month Contract, customers must have held an active Gibtelecom account for more than 1 year and the account must be in good financial standing - with no outstanding bills and set up for payment via direct debit.
4. By entering into this 24 month Agreement you are accepting that your broadband contract (standalone or part of a bundle) will be renewed for another 24 months as from the date of acceptance by Gibtelecom stated in 2 above.
5. The monthly charge is £30 for a PlayStation 5 and £20 for an XBox Series X.
6. Early termination
In the event of early termination of the Agreement (i.e. before 24 months) you will be liable to pay the outstanding balance of the Gaming Console at the full retail price, calculated as follows.
ETC = (24 – a) x (b ÷ 24)
Where:
ETC = Early Termination Charge
a = Subscription period in months
b = Full retail price of the Gaming Console (full contract value)
7. Returns
Gibtelecom ensures that all gaming consoles are sourced from official distributor channels. We want you to be happy with your new product, therefore should your product develop a fault within 30 days of purchase, we will exchange it at our Customer Service Centre. This policy does not apply where the product has developed a fault as a result of a customer’s intentional or negligent damage.
8. Lost or stolen
Gibtelecom will not be held responsible in the unfortunate event that any customer may have their Gaming Console lost or stolen. The remainder of the contract term will still need to be paid if a gaming console is lost or stolen.
Gibtelecom Smart Home Security Terms & Conditions
1. Gibtelecom’s Terms & Conditions apply in addition to these Terms and Conditions.
2. The Agreement shall be for a period of 24 months from the date of acceptance by Gibtelecom and thereafter shall continue in force until terminated by either party upon one months’ notice in writing to each other.
3. The Smart Home Security System enables the integration of smart devices in a privately used house or apartment. This service is available to Gibtelecom account holders over 18 for use in Gibraltar residential properties only.
4. Technical requirements:
- Gibtelecom broadband line at the address the service is being installed
- A spare Ethernet socket for your Smart Home Hub on your broadband gateway
- A power point within a metre of the location of the Smart Home hub
- Access to the internet and SMS via a smart phone and/or tablet in order to access the smart home app and receive notifications.
5. Along with purchasing the equipment on a 24 month rental basis, you will also require a monthly ‘Back-up and support’ subscription in order for your system and app to function. This subscription will continue for as long as the service is in use, even if equipment is paid in full.
6. In order to receive alerts on your Smart Home app, your mobile device has to have an existing data or Wi-Fi connection. It is the Customer’s responsibility to ensure the app is up to date, that the phone is on and that it has access to data.
7. We strongly recommend you take all precautions to protect your property, like using physical security measures and having the right home and contents insurance.
8. The Customer shall fully comply with all applicable laws governing the placement, presence, operation and use of the Smart Home Security Service, each Device and the computer, PDA or other interface devices used to utilize the Service. You are solely responsible for being informed about any such laws, rules, or regulations. This includes:
a) Checking building regulations. Note that Smoke and Heat Detectors are not installed to meet certain Building Regulations which may, amongst other requirements, require a permanent electric power supply. Building Regulations vary and we advise you check the ones relevant to your building.
b) General Data Protection Regulation (GDPR) considerations. Placement of outdoor cameras which capture images of an area beyond your private property, such as a neighbouring parking space, garden, walkway or adjacent communal area may have requirements under the GDPR and if so, it is strongly recommended that the requirements of data protection law are considered as a matter of good practice. It is your responsibility to check that any regulations are met.
9. It’s your responsibility to keep all indoor and outdoor cameras and sensors clean of dirt and any obstructions. We accept no liability for failed video verification, or unintended recordings due to light changes, incorrect object detection and motion detection.
10. We will arrange to deliver and install the Equipment to your Property within 5 business days of your order being accepted, unless we have informed you otherwise. Delivery may occasionally be delayed by circumstances beyond our control, but we will let you know if there’s a problem.
11. Responsibility and ownership of Equipment: Any equipment that we deliver to you is your responsibility once it is installed. Once you have received it and paid for it in full, you own the equipment. Until such a time you have paid for the equipment in full, we own the equipment.
12. Loss or damage to your equipment is your responsibility. If any of the equipment or its component parts are lost, stolen or damaged or destroyed you will still be responsible for paying your Monthly Subscription Fees until you cancel the agreement. You agree to take adequate steps to avoid damage to equipment or unauthorised use or theft of the equipment.
13. Equipment and packaging may vary slightly from their pictures. The images of the equipment and packaging on our website are for illustrative purposes only. Although we have made every effort to display the features accurately, we cannot guarantee it will be exactly the same. Your equipment and packaging may vary slightly from those images.
14. If you relocate the equipment after it has been setup by us, it may no longer work, and you may be charged if we need to send a representative to the premises to reposition the equipment in a position where it works.
15. The video clips and stills you choose to store will be encrypted and uploaded for storage on cloud servers. The data stored here will not be accessed or viewed by us, nor disclosed to any third party, unless we are required to disclose such data by the Police or other Authority with a valid warrant or court authorisation, or unless in accordance with our Privacy Policy.
16. If you are within your Warranty Period and you find a fault with your equipment you can contact us for a repair or replacement under the warranty service. This does not affect your statutory rights. This policy does not apply where the product has developed a fault as a result of your intentional or negligent damage. Any faults and repairs will be responded to within two business days.
17. If you terminate the services with us, you will still own the equipment but will not have access to the mobile user app or website to monitor your home, customer support or maintenance or editing of your home setting. The sensors will still work as standard sensors and trigger the alarm but you will not receive phone notifications or emails about sensor activations, health or low battery information.
18. You assume full responsibility for:
(a) the recording, transmission, transfer or other use of any sound, images or other data captured by any Device;
(b) the manner of Your use of the Smart Home Services, any Device or any sound, image or other data captured any Device;
(c) operating, setting, arming, disarming, viewing, configuring, modifying, reviewing and controlling the Smart Home Security Services and any associated Device;
(d) complying with all applicable laws, rules, regulations and ordinances in connection with the use and operation of the Smart Home Security Services;
19. In light of the inherent and unpredictable nature of radio waves, radio wave interference, inconsistencies with broadband or Internet service, risk of human error, and the inherent possibilities of mechanical, electrical or other deficiencies or limitations in electronic equipment and software, we cannot and do not guarantee or warrant the effective or uninterrupted working of the Smart Home Security Services.
Bundles Half Price Offer terms & conditions
- GIBTELECOM’s standard Terms and Conditions, available at https://www.gibtele.com/terms-and-conditions or from our Customer Care apply to all services forming part of this Half Price Offer.
- This '6 months Half Price Offer' applies to new broadband customers who sign up to any All-In-One, Triple Play Landline or Triple Play Mobile bundle.
- Current customers who have signed up to Gibtelecom broadband in the past 30 days or similar are not eligible for this offer.
- A 50% discount will be applied to the monthly total cost of each Bundle from installation for a period of 6 months.
- There is a minimum period of 1 year for services included as part of these bundles.
- The service starts on the date we activate the service (Service Start Date). If we need to visit to install the broadband service, it will be activated after the installation is complete. The minimum period applies as from the Service Start Date.
- Should you terminate any of the services prior to the end of the minimum period you will be liable to pay a Cease Charge of the total of the Monthly Charges for the remainder of the Minimum Term.
- The full terms & conditions for all Bundles can be found at gibtele.com/terms-and-conditions
MyGibtelecom rewards scheme 2023
These terms and conditions are the rules which apply to this scheme.
Promoter
1. The “MyGibtelecom rewards scheme” is organised by Gibtelecom of P.O. Box 929 15/21 John Mackintosh Square, Gibraltar.
Prize
2. The “MyGibtelecom rewards scheme” prize will change on a month-by-month basis.
Dates
3. The “MyGibtelecom rewards scheme” will run throughout 2023 starting in January and finishing in December. Closing dates for entry may vary on a month-by-month basis.
Eligibility
4. To be eligible to enter the “MyGibtelecom rewards scheme” the winner must be a Gibtelecom broadband customer, and all entrants must be over 18 years of age. All entrants must recieve their bill via email to be eligible to enter the giveaway. The “MyGibtelecom rewards scheme” is not open to employees of Gibtelecom, its agents, contractors, consultants, or anyone professionally connected with the scheme.
Selection of winner
5. The winners will be randomly selected by a computer process from all qualifying entries each month. The closing date for entries may vary on a month-by-month basis. The decision will be final and Gibtelecom will not enter into any correspondence.
Contacting the winners
6. Reasonable efforts will be made by Gibtelecom to contact the winners of the prizes on the closing date for each month’s giveaway. Gibtelecom shall not be responsible in the event a winner does not claim the prize because they have failed to do so. If the winner of the prize cannot be successfully contacted, does not claim the prize within 72 hours of notification (by responding to Gibtelecom), or is unable to comply with these terms and conditions, Gibtelecom reserves the right to offer the relevant prize to another Eligible Entrant (who will be selected in the same manner - via email). Failure to respond or failure to meet the eligibility requirements may result in forfeiture of the Prize.
Redeeming your Prize
7. The winners may be required to provide valid photographic identification before receiving the prize. The winner warrants that all information submitted by them is true, accurate and complete and Gibtelecom is not responsible for any information which is invalid or incomplete, including any contact details.
Privacy
8. By entering the “MyGibtelecom rewards scheme” the winners agree and consent to Gibtelecom using their name and image for promotional purposes.
General
9. MyGibtelecom rewards is a monthly prize giving to reward Gibtelecom broadband customers. Prizes are available from a range of local businesses. Prizes are awarded on a tiered scheme. The more a customer spends on their broadband plan, the higher their reward will potentially be. Each month, there are three prizes on offer for this tiered scheme. The Prize is not transferable or exchangeable. No cash alternatives will be offered for the Prize. Gibtelecom reserves the right at any time to substitute the Prize for an alternative prize of similar value where circumstances beyond our control makes it necessary to do so. Further, we reserve the right to amend these terms and conditions (including altering the Prize) at any time without notice by updating these terms and conditions and publishing them on gibtele.com/terms-and-conditions. No communications will be entered into by Gibtelecom regarding this.
Triple Play: Landline Terms and Conditions
- GIBTELECOM’s standard Terms and Conditions, available above or from our Customer Care apply to all services forming part of this bundle
- This promotion includes the following services:
- 300 / 500 Mbps / 1Gbps fibre broadband (depending on product selected and broadband availability in your selected area)
- Gibtelecom TV on 1 Set Top Box and 1 mobile device
- Pay as You Talk landline plan
- This offer only applies to Gibtelecom’s Residential customers.
- There is a minimum period of 1 year for services included as part of this Bundle.
- The service starts on the date we activate it (Service Start Date). If we have to visit to install the broadband service, it will be activated after the installation is complete. The minimum period applies as from the Service Start Date.
- Should you terminate any of the services prior to the end of the minimum period you will be liable to pay a Cease Charge of the total of the Monthly Charges for the remainder of the Minimum Term.
- Nominal broadband speeds are dependent on network conditions, in-building wiring and distance from Gibtelecom fibre distribution nodes. Simultaneous use of multiple devices and external factors, such as internet congestion beyond Gibtelecom’s network, can also affect performance. Service delivery is subject to the maximum available fibre broadband speed in your area.
The terms and conditions above also apply to this package.
Contents
2 When the Contract starts and how long it lasts.
6 If you do not comply with the Acceptable Use Policy.
7 When Gibtelecom IS not to blame.
8 Paying what you owe Gibtelecom.
10 Intellectual Property Rights.
11 Keeping things confidential.
Ending a Service or the Contract
13 When Gibtelecom may restrict or suspend a Service.
14 Cancelling a Service Order before the Service Start Date.
15 If either of us want to terminate the Contract or a Service.
16 Terminating the Contract when something has gone wrong.
17 Terminating the Contract if there is an event beyond either of our control.
18 What happens when the Contract is terminated.
19 What we both need to pay when the Contract is terminated.
20 How far each of us can be held responsible.
24 Sending Notices under the Contract.
25 Transferring to another party.
26 No partnership or agency arrangement.
28 What happens if part of the Contract is illegal, invalid or unenforceable.
30 Making changes to the Contract.
SCHEDULE 1 -DATA PROTECTION.. 27
APPENDIX 1 -DATA PROTECTION PARTICULARS.. 34
1 What words mean
1.1 Some of the words and phrases in this document mean specific things. They are capitalised all the way through and explained in the Defined Terms section at the end of this document.
1.2 The words below have the following meanings:
1.2.1 ‘You’ and ‘your’ mean the Customer.
1.2.2 Phrases that refer to ‘we’, ‘our’, ‘us’, ‘each of us’, ‘each of our’, ‘both of us’, ‘we each’, ‘we will each’, ‘we will both’, ‘whichever of us’, ‘one of us’, ‘neither of us’, ‘either of us’, ‘either of our’, ‘either one of us’ and ‘we both’ mean one or both of Gibtelecom and the Customer, whichever makes sense in the context of the sentence.
1.3 The words ‘include’ or ‘including’ do not limit something to just the examples that follow.
1.4 Any time either of us has a right or obligation that we may exercise or perform, then whether either of us chooses to exercise or perform that right or obligation will be in that party’s sole discretion.
1.5 Any reference to a specific law or regulation in the Contract includes that law or regulation as amended, replaced or extended.
2. When the Contract starts and how long it lasts
2.1 The Contract starts on the Effective Date and will continue for the duration of the Service Term or one of us ends it in a way that the Contract allows or Gibtelecom is no longer providing you with any Services for a continuous period of three (3) calendar months and there are no outstanding Service Orders and all invoices are paid.
2.3 All Services provided under the Contract shall continue for the Initial Term and shall be renewed automatically thereafter for recurring periods of twelve (12) months (each a “Renewal Term”) in each case subject:
(a) to early termination by either of us in way that is allowed under the Contract; or
(b) to termination by either of us on ninety (90) calendar days’ notice such notice to expire no later than the end of the then-current Initial Term or Renewal Term, as applicable.
2.4 Each Service Order will be an amendment to this Contract.
2.5 If a Service or Service Order terminates or expires for any reason other than when the Contract is terminated or expired in its entirety, the rest of the Service Orders in place will remain unaffected and both of us will continue to perform each of our obligations under them as agreed in the Contract.
3 Some basic principles
3.1 Gibtelecom confirms that it is a legal corporation, authorised to agree the Contract and provide all the Services.
3.2 You confirm you are legally set up as a business, authorised to agree the Contract and carry out your responsibilities under it.
3.3 The Gibtelecom Privacy Policy sets out how Gibtelecom uses your Personal Data and includes more details about what Gibtelecom can do with it, your rights and Gibtelecom’s obligations.
The Service
4 What Gibtelecom has to do
4.1 Gibtelecom will:
4.1.1 provide you with a Customer Committed Date for each Service and will use reasonable endeavours to meet any Customer Committed Date;
4.1.2 provide each Service with the care and skill that would reasonably be expected in the circumstances;
4.1.3 comply with Applicable Law;
4.1.4 provide information relating to your use of a Service to authorities, regulators and law enforcement agencies, if it is legally required to; and
4.1.6 if applicable to a Service, take reasonable steps to stop anyone getting unauthorised access to any part of the Gibtelecom Network.
4.2 Gibtelecom may change any Service so long as the performance of the Service is not materially adversely affected. These sorts of changes might include:
4.2.1 introducing or removing features of a Service; or
4.2.2 replacing a Service with a materially equivalent Service.
5 What you have to do
You will:
5.1 provide Gibtelecom with the names and contact details of the Customer Contact, but Gibtelecom may also accept instructions from a person who Gibtelecom reasonably believes is acting with your authority;
5.2 provide Gibtelecom with any information reasonably required, including information in relation to health and safety and the environment, without undue delay, and you will make sure the information is accurate and complete;
5.3 complete any preparation activities that Gibtelecom may request to enable you to receive a Service promptly and in accordance with any reasonable timescales;
5.4 cooperate with Gibtelecom and comply with any reasonable requests Gibtelecom makes to help it provide the Services;
5.5 comply with Applicable Law, and make sure that your Users do as well;
5.6 comply with the Acceptable Use Policy;
5.7 for Sites not under Gibtelecom’s control, get all the consents, licences, permissions and authorisations we both need and keep them up to date so Gibtelecom can provide the Services at the Sites, including for:
5.7.1 making alterations to buildings;
5.7.2 getting into property;
5.7.3 dealing with local authorities, landlords or owners;
5.7.4 installing Gibtelecom Equipment or Purchased Equipment; and
5.7.5 using the Services at a Site.
6 If you do not comply with the Acceptable Use Policy
6.1 If you do not comply with the Acceptable Use Policy, you will be liable for any Claims, losses, costs or liabilities that Gibtelecom incurs as a result.
6.2 Gibtelecom may, where there is a serious breach of the Acceptable Use Policy, report you and provide your personal information, including Personal Data, to the relevant law enforcement agency.
7 When Gibtelecom is not to blame
Gibtelecom will not be liable if it fails to do something it is supposed to under the Contract (including not carrying out any of its responsibilities, carrying them out late or not meeting any Service Levels), whether or not there is a Force Majeure Event (in which case, Clause 22 applies), to the extent Gibtelecom’s failure is due to:
7.1 your failure to carry out any of your responsibilities under the Contract, or you carrying them out late, in which case you will pay Gibtelecom for any reasonable costs Gibtelecom incurs as a result of your failure;
7.2 anyone other than Gibtelecom Group, Gibtelecom’s Affiliates, subcontractors or suppliers doing something, or not doing something they need to do; or
7.3 restriction or prevention by Applicable Law, a court order, an application for interlocutory relief or injunction.
Payments
8 Paying what you owe Gibtelecom
8.1 You will pay and be responsible for the Charges, whether a Service is used by you or someone else. This includes all Charges resulting from unauthorised or fraudulent use.
8.2 Gibtelecom will invoice you, and you will pay Gibtelecom, in the currency stated within thirty (30) calendar days of the date of such invoice in cleared funds to the account specified in the invoice without any set-off, counterclaim or deduction.
8.3 Gibtelecom will work out the Charges based on details that Gibtelecom records or that are recorded for Gibtelecom.
8.4 Usage -based charges shall be invoiced monthly in arrears. Other one-off and recurring charges will be invoiced monthly at the beginning of the calendar month to which the charges relate.
8.5 Charges for Services provided for a partial month will be prorated based on the charges for a calendar month.
8.6 The Supplier reserves the right to charge interest on any invoiced amounts outstanding. Any interest will be charged at an annual rate of 2% above the base rate of the Bank of England. Without prejudice to any other provision of this Contract , if any undisputed invoice remains outstanding for more than a period of thirty (30) calendar days from the date when it became due, and provided that the Supplier has given the Customer written notice reminding the Customer of such outstanding payment obligation, the Supplier reserves the right, upon giving fourteen (14) calendar days’ prior written notice to Customer, to suspend the Services provided hereunder without liability to the Customer.
8.7 The Parties hereby agree that:
(a) all Charges and any amounts due under this Agreement from the Customer to the Supplier shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law);
(b) if the Customer is or was required by law to make any deduction or withholding from any payment due hereunder to the Supplier, then, notwithstanding anything in this Agreement to the contrary, the gross amount payable by the Customer to the Supplier will be increased such that, after any such deduction or withholding for taxes, the net amount received by the Supplier will not be less than the amount that the Supplier would otherwise have received but for such deduction or withholding;
- Notwithstanding anything to the contrary in this Contract, the Customer hereby irrevocably and unconditionally agrees that the Supplier shall be entitled (at its sole discretion) to increase the Charges to the Customer:
- pursuant to a Change Service Order [in instances where the scope of the Services, and therefore the corresponding Charges initially detailed in the Service Order have changed,] in accordance with Clause 4 (Changes to Service Orders);
- on the expiry of the Initial Term, by giving notice to the Customer prior to such expiry, taking into account factors including, but not limited to, whether the Customer intends to make a further term commitment and the length of any such commitment.
- once in any given twelve (12) month period as may be necessary to reflect the annual increase in RPI as published in the latest available General Index of Retail Prices Notification issued by Her Majesty’s Government of Gibraltar’s Statistics Office by giving the Customer thirty (30) calendar days’ notice of any increase under this clause, which increase shall take effect automatically on the expiry of such notice period; and
- at any time during the Service Term, with immediate effect upon written notice to the Customer, in the event that either of the following events materially and unavoidably increases the cost of the Supplier to deliver the Services:
- a change in Applicable Law resulting in a mandatory imposition upon the Supplier; or
- where through no fault of its own, the Supplier is required to pay increased costs to third parties for their services (including, but not limited to, licensor fees electricity/grid power flexible cost adjustment or supply costs);
- If there is an increase in charge to the Customer as referred to in Clause 4 and the increase is the equivalent of more than ten per cent (10%) of the then MRC, then the Customer may, by giving written notice to the Supplier, terminate the Services so affected without payment of any applicable termination charge. Any notice of termination given by the Customer under this clause must be delivered to the Supplier in writing within thirty (30) calendar days from the date when notice of the increase was given to the Customer.
9 Disputing an invoice
9.1 If you do not agree with something in an invoice Gibtelecom sends you before you have made payment, you will give Gibtelecom Notice within 28 days after the date of the invoice.
9.2 We will both settle an invoice dispute in accordance with Clause 24 and you will pay the amount we both finally agree on within seven days of both of us agreeing it
Protecting Information
10 Intellectual Property Rights
10.1 Intellectual Property Rights will carry on being their original owner’s property whether the rights existed before the Contract or came after it.
10.2 If Gibtelecom provides you with Software so you can use a Service, Gibtelecom gives you a non-transferable and non- exclusive licence to use the Software only for the purposes and in the manner set out in the Service Order. As well as any terms of the Contract, you will also comply with any third-party terms that Gibtelecom makes known to you that apply to the use of the Software or Service.
10.3 You will not, and will ensure that your Users do not, copy, decompile, modify or reverse engineer any Software, or let anyone else do that, unless Gibtelecom has given you permission in writing.
10.4 The licence Gibtelecom gives you in Clause 10.2 will last as long as Gibtelecom provides you with the relevant Service.
10.5 If your use of any Service infringes, or allegedly infringes, someone else’s Intellectual Property Rights, Gibtelecom will indemnify you for any Claims, losses, costs or liabilities brought against you as long as you comply with the terms set out in Clause 21.7.
10.6 The indemnity in Clause 10.5 will not apply to any part of a Claim that results from or is connected with:
10.6.1 your use of any of the Services with equipment, software or another service Gibtelecom has not supplied;
10.6.2 you modifying the Services without Gibtelecom’s permission;
10.6.3 any content, designs or specifications that have not been supplied b Gibtelecom or on Gibtelecom’s behalf; or
10.6.4 you using any of the Services in a way Gibtelecom has not agreed.
10.7 You will indemnify Gibtelecom for any Claims, losses, costs or liabilities brought against Gibtelecom that results from or is connected with:
10.7.1 your use of a Service with equipment, software or another service Gibtelecom has not supplied;
10.7.2 you modifying a Service, without Gibtelecom’s permission;
10.7.3 any content, designs or specifications that have not been supplied by Gibtelecom or on Gibtelecom’s behalf; or
10.7.4 you using any of the Services in a way not permitted by this Contract.
10.8 You will stop any activity that led to the Claim against Gibtelecom as soon as Gibtelecom gives you Notice or you become aware, or should reasonably have become aware, that your activity was causing a Claim against Gibtelecom.
10.9 If using a Service leads to a Claim against you as described in Clause 10.5, or Gibtelecom believes it is likely to lead to one, Gibtelecom may, at Gibtelecom’s expense:
10.9.1 get you the right to carry on using the Service; or
10.9.2 modify or replace the relevant parts of the Service so that using the Service no longer infringes someone else’s Intellectual Property Rights, as long as the performance of the relevant parts of the Service is not materially affected.
10.10 The indemnity under Clause 10.5 and the actions in Clause 10.9 are the only remedies you will have for Claims that your use of the Service infringes someone else’s Intellectual Property Rights.
11 Keeping things confidential
11.1 We will both keep all Confidential Information confidential and neither of us will disclose it, unless one of us needs to do that:
11.1.1 to meet our responsibilities or to receive any benefit under the Contract, and then only to our employees, agents, Affiliates, officers, directors, advisers and, for Gibtelecom only, Gibtelecom’s subcontractors and suppliers, who need to know; or
11.1.2 because Applicable Law, a government or regulatory authority, or court of competent jurisdiction says we have to and the party disclosing it will give the other as much notice as reasonably possible before any disclosure.
11.2 The party disclosing the Confidential Information in accordance with Clause 11.1.1 will ensure that the people receiving it comply with this Clause 11.
11.3 Each of us will return or destroy any of the other’s Confidential Information within a reasonable time of the other requesting this by giving Notice.
11.4 This Clause 11 will stay in place for a period of three years following the end of this Contract.
12 Data Protection
12.1 The Parties agree to comply with the provisions of Schedule 1.
Ending a Service or the Contract
13 When Gibtelecom may restrict or suspend a Service
13.1 Gibtelecom may restrict or suspend any Service at its sole discretion, and without any liability to you:
13.1.1 if Gibtelecom needs to do Maintenance;
13.1.2 if Gibtelecom is instructed or requested to do so by a regulatory or other competent authority or is otherwise compelled to do so under Applicable Law;
13.1.3 if Gibtelecom has reasonable and bona fide grounds to suspect fraud or misconduct in connection with the use of the Services;
13.1.4 if Gibtelecom reasonably believes that the suspension of the Services is necessary to protect its Equipment and/or the provision of services by it to other customers of Gibtelecom;
13.1.5 to implement a change under Clause 4.2;
13.1.6 if you do not pay Gibtelecom on time and in the way described in Clause 8; and
13.1.7 if Gibtelecom reasonably believes:
(a) you have not followed the Acceptable Use Policy; or
(b) it needs to in order to protect the integrity or security of the Gibtelecom Network.
13.2 If Gibtelecom restricts or suspends a Service because of the reasons in Clauses 12.1.6 or 12.1.7:
13.2.1 you will still have to pay the Charges that are payable for the Service until the Service ends; and
13.2.2 Gibtelecom may apply a Charge to start the Service again.
13.3 If Gibtelecom decides to restrict or suspend a Service for any of the above reasons, it will let you know beforehand as soon as it reasonably can.
14 Cancelling a Service Order before the Service Start Date
14.1 You may cancel a Service Order by giving Gibtelecom Notice, as long as the Notice reaches Gibtelecom before the Service Start Date.
14.2 If you cancel a Service Order in accordance with Clause 13.1, then:
14.2.1 if the cancellation has any impact on volume commitments or otherwise affects the agreed Charges, Gibtelecom may amend the Charges to reflect this; and
14.2.2 you will pay Gibtelecom the Cancellation Charges that are described in the Service Order. If there are no Cancellation Charges in the Service Order, but Gibtelecom has incurred any costs in order to get ready to provide your Service, including cancellation charges from one of Gibtelecom’s subcontractors or suppliers or other costs payable to a third party, you will pay Gibtelecom those costs that are reasonable in accordance with Clause 8.
15 If either of us want to terminate the Contract or a Service
15.1 Either of us at any time on or after the relevant Service Start Date may terminate the Contract in whole or in part or a Service by giving Notice in accordance with Clause 14.2 and we will each have to pay the other the amounts set out in Clause 19.
15.2 The required Notice period for terminating under Clause 14.1 is:
15.2.1 as set out in Part A of the S for that Service; or
15.2.2 if it is not set out in the Service Order, 90 days.
15.3 As long as you pay the amounts as set out in Clause 19 you may, if Gibtelecom agrees, give Gibtelecom Notice as set out in Clause 14.1 with either:
15.3.1 a shorter Notice period than as set out Clause 14.2; or
15.3.2 with no advance Notice period.
16 Terminating the Contract when something has gone wrong
Either Party may terminate the Contract in whole or in part or an affected Service straightaway by giving the other party Notice to terminate if:
16.1 the other party materially breaches the Contract and, where it is possible, they do not put the situation right within 30 days after Notice of their breach;
16.2 the other materially breaches the Contract and the situation cannot be put right; or
16.3 an Insolvency Event applies to the other, and we will each have to pay the other the amounts referred to in Clause 19.
17 Terminating the Contract if there is an event beyond either of our control
17.1 If a Force Majeure Event means a Service is completely and continuously unavailable for more than 3 consecutive months, either of us may terminate a Service straightaway by giving the other Notice, as long as the Force Majeure Event is still having an effect when the Notice is received, and we will each have to pay the other the amounts referred to in Clause 19.
17.2 If the Force Majeure Event has ceased before any Notice to terminate is received by one of us, the right set out in Clause 19.1 will end and the Notice will have no effect.
18 What happens when the Contract is terminated
If the Contract, a Service or any Service Order is cancelled, terminated or expires, for any reason, it will not affect any rights that either Party have up to that point.
19 What we both need to pay when the Contract is terminated
19.1 If:
19.1.1 the Contract, any Service or any Service Order is cancelled, terminated or expires for any reason, each of us will immediately pay the other any money and interest that is due on the date of termination;
19.1.2 the Contract, in whole or in part, or any affected Service is terminated in accordance with Clause 16, the party terminating may alternatively set off any amounts due under thi19
19.2 If you terminate the Contract in whole or in part or any Service using your rights set out in Clause 15 you will pay Gibtelecom:
19.2.1 the Termination Charges; and
19.2.2 all Charges for Services that are or would have been performed during the Notice period set out in Clause 15.2, whether or not the Notice period is actually given.
If Something Goes Wrong
20 How far each of us can be held responsible
20.1 The Contract excludes, as far as the law allows, any warranties, conditions or other terms that might be implied by statute or common law.
20.2 Nothing in the Contract excludes or limits the liability of either of us for:
20.2.1 death or personal injury caused by either of us being negligent;
20.2.2 fraud or fraudulent misrepresentation; or
20.2.3 any other liability that cannot be excluded or limited under Applicable Law.
20.3 Other than for those matters set out in Clause 20.2, neither of us will be held liable, regardless of how that liability arose, under or in connection with the Contract, and whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution, or in any other way, for:
20.3.1 any of the following losses, no matter if those losses are direct or indirect:
(a) loss of profit, revenue or anticipated savings;
(b) loss of business or contracts;
(c) loss of good will;
(d) loss from wasted expenditure, wasted time or business interruption;
(e) loss, destruction or corruption of data;
(f) liability to any third parties unless a Clause in the Contract says something different; and
(g) any special, indirect or consequential loss or damage.
20.4 Other than for those matters set out in Clause 20.2 and Clause 20.5, in relation to each Service, the total liability of either of us, regardless of how that liability arose, and regardless of the number of claims, under or in connection with the Contract, and whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution, or in any other way, will be limited to the greater of:
20.4.1 £100,000; and
20.4.2 an amount equal to:
(a) where the first incident occurs in the first 12 months of the Contract, the Charges that were paid or payable by you, or would have been paid or payable by you had the incident not occurred, for the first 12 months from the Effective Date; or
(b) were the first incident occurs at any other time, the mean of the monthly Charges that were paid or payable by you, from the Effective Date to the date when the first incident occurred, multiplied by 12.
20.5 Your obligations to:
20.5.1 pay any Charges due under the Contract including any interest payable under Clause 8 and any taxes due in connection with the Charges, together with any interest, fines and penalties payable due to your failure to correctly withhold and pay taxes where applicable;
20.5.2 refund any Service Credits; or
20.5.3 pay any Termination Charges,
are in addition to and will not be counted towards the limitations set out in Clause 19.4.
20.6 Regardless of what it may say elsewhere in the Contract, both of us will take reasonable steps to mitigate each of our losses, even where that loss occurs as a result of anything that may give rise to a Claim under an indemnity.
20.7 If either of us has agreed to indemnify the other under the terms of the Contract, that indemnity is only given as long as the party being indemnified:
20.7.1 tells the party giving the indemnity promptly about the Claim;
20.7.2 gives the party giving the indemnity complete control of the Claim straight away;
20.7.3 does not say anything publicly about the Claim, or do anything that harms the defence of it; and
20.7.4 does what it can to help the party giving the indemnity with the Claim.
20.8 If Gibtelecom fails to meet a Service Level and this means that you are entitled to Service Credits, the only remedy available to you for that failure will be to receive those Service Credits, except when Gibtelecom’s failure amounts to material breach of the Contract, in which case, Gibtelecom will take the value of any Service Credits given from any amount agreed as payable by Gibtelecom in accordance with Clause 22 or awarded by a court of competent jurisdiction.
20.9 Gibtelecom recommends that you obtain business continuity (or other) insurance that is appropriate for the nature of your business, just in case something goes wrong.
20.10 Provided Gibtelecom has complied with its obligation set out in Clause 4.1.6, Gibtelecom will not be held responsible for any loss or damage caused by unauthorised access to any part of the Gibtelecom Network.
21 Force Majeure Events
If there is a Force Majeure Event the party whose performance is affected by the Force Majeure Event will:
21.1 not be liable for failing to do something they should have done, or for not doing it completely or on time to the extent this is caused by the Force Majeure Event; and
21.2 get a reasonable amount of extra time to perform the obligation that is affected by the Force Majeure Event.
22 Settling disputes
22.1 If a dispute arises out of or in connection with this Contract that cannot be promptly settled amicably through ordinary negotiations between the appropriate representatives of the Parties, the dispute shall be referred to senior representatives of each Party who will endeavour in good faith to resolve the dispute.
22.2 The Parties’ representatives and the personnel at the senior level to whom a dispute must be escalated in accordance with Clause 22.1 are those as may be notified by each Party to the other from time to time.
23 Arbitration
23.1 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, may be referred to and finally resolved by binding arbitration under the Arbitration Act by a Party.
23.2 The arbitration, if so engaged, shall be by a panel of three arbitrators, one to be appointed by each Party and the third to be appointed by the two arbitrators appointed by the Parties.
23.3 The Party requiring arbitration shall appoint an arbitrator in writing, inform the other Party about such appointment and call upon the other Party to appoint its arbitrator. If within fifteen (15) days of receipt of such intimation, the other Party fails to appoint its arbitrator, the Party seeking appointment of arbitrator may take further steps in accordance with the Arbitration Act.
23.4 The Parties further agree as follows:
(a) Place of Arbitration. The place of arbitration shall be Gibraltar.
(b) English Language. The request for arbitration, the answer to the request, the terms of reference, any written submissions, any orders and awards shall be in English and, if oral hearings take place, English shall be the language to be used in the hearings.
(c) Enforcement of Award. The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties and shall be enforceable in accordance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any higher forum.
(d) Governing Rules. The International Chamber of Commerce Rules on Arbitration (as revised from time to time) shall be the rules for the conduct of the arbitration.
(e) Performance During Dispute. Pending the submission of and/or decision on a dispute and until the arbitral award is published, the Parties shall continue to perform their respective obligations under this Contract without prejudice to a final adjustment in accordance with such award.
Everything Else
24 Sending Notices under the Contract
24.1 If one of us needs to give the other Notice, they will do it in writing, in English and:
24.1.1 send it by email;
24.1.2 deliver it by hand; or
24.1.3 send it by first class post, recorded delivery or courier.
24.2 Notices need to be sent to:
24.2.1 the recipient’s current registered address; or
24.2.2 any other address or email address the recipient gives in a Notice to the sender.
24.3 If either of our contact details change, we will both tell the other straight away by giving Notice.
24.4 Any notice shall be considered to have been received by the addressee five (5) Business Days following the date of recorded postal delivery, the next Business Day following the date of delivery to an overnight courier, on the next Business Day where the notice is delivered by hand and on the same day if sent via electronic mail.
25 Transferring to another party
25.1 Either of us may assign the benefit of the Contract to an Affiliate by giving the other Notice, but if either of us chooses to assign the benefit of the Contract to an entity that is not an Affiliate, they need to get the other’s permission in writing beforehand.
25.2 Gibtelecom may subcontract any of its responsibilities under the Contract to another entity, including to a Gibtelecom Affiliate, but if it does, it will still be responsible to you under the Contract.
25.3 If Gibtelecom subcontracts the performance of any of its rights or obligations to a Gibtelecom Affiliate as described in Clause 25.2, you will, once you receive Notice from Gibtelecom, deal directly with the Gibtelecom Affiliate for ordering, provisioning or maintaining the Services.
25.4 By giving you Notice, Gibtelecom can novate the Contract, a Service or an Order to a Gibtelecom Affiliate. If Gibtelecom does, all Gibtelecom’s rights, responsibilities and liabilities will transfer to the Gibtelecom Affiliate and you will need to deal with the Gibtelecom Affiliate instead of Gibtelecom as Gibtelecom will no longer be a party to the Contract in relation to the relevant Service.
25.5 We both agree that either of us, or an Affiliate of either of us, may enter into a separate contract with an Affiliate of the other, which will incorporate these General Terms and the relevant Service Orders (“Affiliate Contract”).
25.6 Either of us can assign or transfer our right to collect payments, receivables or other assets arising as a result of the Contract.
26 No partnership or agency arrangement
Unless a Clause in the Contract says something different, the Contract does not:
26.1 set up any partnership, exclusive arrangement or joint venture between us;
26.2 make one of us the agent of the other; or
26.3 authorise either of us to enter any commitments for, or on the behalf of, the other.
27 No waiver
If either of us does not do, or delays doing, something that this Contract allows, they will not have waived their right to do it, unless the Contract says something different.
28 What happens if part of the Contract is illegal, invalid or unenforceable
28.1 If any court of competent jurisdiction finds that any part of the Contract is illegal, invalid or unenforceable, that part will be considered removed, but no other part of the Contract will be affected.
28.2 If any illegal, invalid or unenforceable part of the Contract would be legal, valid or enforceable if part of it were removed, we both will negotiate in good faith to change the Contract so it reflects what we both originally intended as much as possible.
29 Service Amendment
29.1 You may request, by giving Gibtelecom Notice, a change to:
29.1.1 a Service Order for a Service at any time before the applicable Service Start Date; or
29.1.2 a Service at any time after the Service Start Date, and where Gibtelecom agrees to the change you will pay any additional Charges.
29.2 If you request a change in accordance with Clause 29.1, except where a change results from Gibtelecom’s failure to comply with its obligations under the Contract, Gibtelecom will, within a reasonable time, provide you with a written estimate, including:
29.2.1 the likely time required to deliver the changed Service; and
29.2.2 any changes to the Charges due to the changed Service.
29.3 Gibtelecom has no obligation to proceed with any change that you request in accordance with Clause 29.1, unless and until the necessary changes to the Charges, implementation timetable and any other relevant terms of the Contract to take account of the change are agreed between both of us in writing.
29.4 If Gibtelecom changes a Service prior to the Service Start Date because you have given Gibtelecom incomplete or inaccurate information, Gibtelecom may, acting reasonably, apply additional Charges.
30 Making changes to the Contract
30.1 Unless a Service Order says something different, changes to the Contract will only be effective if they are in writing and are signed by both of us.
30.2 Neither of us needs the consent of any Affiliate to vary or terminate the Contract. Any termination of the Contract will not terminate any individual Affiliate Contracts.
31 After the Contract ends
At the end of the Contract, provisions in the Contract that we both expect to remain in place after it ends will stay in place.
31.1 The Contract sets out the whole agreement between both of us and replaces any previous communication between us.
31.2 Your own standard terms are not part of the Contract even if you provided them to Gibtelecom before signing the Contract, or if you send them to Gibtelecom or refer to them in a Service Order.
31.3 By agreeing the Contract, each of us acknowledges they have not relied on any representation, warranty, collateral contract or other assurance (made negligently or innocently) except for the ones in the Contract. Each of us also waives all rights and legal remedies they might have had if it were not for this Clause 31.
32 Choice of law and courts
32.1 The laws of Gibraltar will apply to the Contract and any disputes or claims in connection with it or our relationship, including non-contractual ones.
32.2 Only the courts of Gibraltar will be able to rule on any disputes or claims in connection with the Contract or our relationship, including non-contractual ones.
32.3 The parties to an Affiliate Contract may agree that a local court of competent jurisdiction will have jurisdiction in relation to that Affiliate Contract.
33 Counterparts
The Contract can be signed on one or more copies. Any single counterpart, or a set of counterparts signed, in either case, by both of us will constitute a full original of the Contract for all purposes.
34 Costs
Except as expressly provided in this Agreement, each Party shall bear its own costs incurred in relation to the negotiation, preparation and execution of this Agreement and any documents referred to in it.
35 Announcements
No Party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of this Agreement, the wider transactions contemplated by it, or the relationship between the Parties, without the prior written consent of the other Party, except as required by law, any governmental or regulatory authority, any court or other authority of competent jurisdiction.
These are the General Terms that apply to any Service you buy from Gibtelecom. Specific Services have their own Service Orders with more detailed terms.
Defined Terms
“Acceptable Use Policy” means specific rules that you have to follow when using the Services. A copy of these can be found at www.gibtele.com.
“Affiliate” means any entity that directly or indirectly controls or is controlled by either one of us, or is jointly controlled with either you or Gibtelecom.
“Affiliate Contract” has the meaning given in Clause 25.5.
“Annex” means any annex to this Contract that describes a Service or sets out specific terms that apply to it.
“Applicable Law” means the laws of Gibraltar and any laws and regulations, as may be amended from time to time, that apply to the provision or receipt of a Service.
“Business Day” means any day that is not a Saturday, Sunday or a day that is a public holiday in Gibraltar.
“Cancellation Charges” means any compensatory charges payable by you to Gibtelecom on cancellation of a Service Order in accordance with Clause 14 and as set out in a Service Order.
“Charges” means the fees and charges that you pay in relation to Service as set out in the Service Order.
“Claim” means any legal claims, actions or proceedings against one of us, whether threatened or actual, whether by a third party or the other party to this Contract.
“Confidential Information” means confidential information either of us (or each of our officers, employees, agents, subcontractors, suppliers, advisers or Affiliates) gives the other after the date of the Contract, no matter how it is recorded, stored or disclosed and includes:
(a) the Contract;
(b) information about technical or commercial know - how, specifications, inventions, processes or initiatives; or
(c) any information a reasonable business person would see as confidential about:
(ii) the business, affairs, customers, clients, subcontractors, suppliers, plans or strategy of either of us or our Affiliates; and
(iii) the operations, processes, product information, know -how, designs, trade secrets or software of either of us or our Affiliates,
but it does not include:
(a) information that is available to the public, or becomes available, unless it is because one of us breaches the Contract;
(b) information that was already available to the receiving party on a non-confidential basis;
(c) information we both agree in writing is not confidential information; or
(d) information that was developed by or for the receiving party independently of the confidential information.
“Contract” means the agreement between you and Gibtelecom that is made up of these General Terms, the Service Orders, any Annexes, and if applicable to any Service, the Gibtelecom Price List.
“Customer Contact” means any individuals authorised to act on your behalf for Service management matters.
“Customer Personal Data” means only the proportion of Personal Data where you are the Controller and that Gibtelecom needs to Process on your behalf as a Processor in providing the Services to you under the Contract.
“Data Protection Legislation” means the Gibraltar Data Protection Act 2018.
“Effective Date” has the meaning given to it on the cover sheet of this Contract.
“Force Majeure Event” means any event that neither of us can control and that stops or delays one of us from doing something, including:
(a) natural event including a flood, a storm, lightning, a drought, an earthquake, or seismic activity;
(b) an epidemic or a pandemic;
(c) a terrorist attack, civil war, civil commotion or riots, war, the threat of war, preparation forward, an armed conflict, an imposition of sanctions, an embargo or a breaking-off of diplomatic relations;
(d) any law made, or any action taken by a government or public authority, including not granting or revoking a licence or a consent;
(e) collapsing buildings, a fire, explosion or accident; or
(f) any labour or trade dispute, a strike, industrial action or lockouts.
“GDPR” means the applied GDPR found in the DPA 2018.
“General Terms” means these terms.
“Gibtelecom Equipment” means any equipment and any related Software that Gibtelecom owns or that is licensed to Gibtelecom and that Gibtelecom uses to provide the Services.
“Gibtelecom Group” means Gibtelecom Group and its Affiliates.
“Gibtelecom Network” means the communications network owned or leased by Gibtelecom and used to provide a Service.
“Gibtelecom Privacy Policy” means the policy that Gibtelecom has implemented and may update from time to time on how it Processes Personal Data and that is set out at www.gibtele.com
“Gibtelecom Price List” means the document containing a list of Gibtelecom’s charges and terms that can be accessed at www.gibtele.com.
“Insolvency Event” means any of the following events that occurs w here one of us:
(a) becomes the subject of a bankruptcy order;
(b) becomes insolvent;
(c) makes any arrangement or composition with its creditors, or assignment for the benefit of its creditors;
(d) goes into voluntary or compulsory liquidation, except for reconstruction or amalgamation purposes;
(e) stops trading or operating;
(f) owns any assets that are material to the operations of all or substantially all of its business that are seized or have a receiver or administrator appointed over them; or
(g) faces any of these situations because a notice is given, a petition is issued, a resolution is passed, or any other step is taken in their jurisdiction.
“Initial Term” in relation to any Service means the period specified on the relevant Service Order.
“Intellectual Property Rights” means any trademark, service mark, trade and business name, patent, petty patent, copyright, database right, design right, community design right, semiconductor topography right, registered design, right in Confidential Information, internet domain name, moral right and know -how, or any similar right in any part of the world. Any applications for registering any of these rights that can be registered in any part of the world are also included.
“Maintenance” means any work on the Gibtelecom Network or Services, including to maintain, repair or improve the performance of the Gibtelecom Network or Services.
“Notice” means any notice to be given by one of us to the other under the Contract in accordance with Clause 24.
“Open Source Software” means software Gibtelecom has distributed to you that is licensed under a separate open source licence.
“Renewal Term” has the meaning given in clause 2.3.
“Service Order” means any Service Order or part of a Service Order you give to Gibtelecom that is accepted by Gibtelecom for one or more Services.
“Purchased Equipment” means any equipment, including any Software, that Gibtelecom sells or licenses to you.
“Schedule” means any schedule that describes a Service and sets out the specific terms that apply to it.
“Service” means any service that Gibtelecom provides under the Contract. If relevant, it includes a service for a particular Site, or a part or component of a Service and may also include content that Gibtelecom has provided to you as well as Purchased Equipment.
“Service Credit” means any remedy for failure by Gibtelecom to meet a Service Level as set out in a Service Order.
“Service Level” means the agreed minimum level of performance Gibtelecom will provide for a Service.
“Service Start Date” means the date Gibtelecom first makes a Service available to you.
“Site” means any place identified in a Service Order to which Gibtelecom provides a Service.
“Software” means any software and related documentation (whether on tangible or intangible media) that Gibtelecom provides to you as part of a Service. It includes any embedded software, but it excludes Open Source Software.
“Sub-Processor” means a Gibtelecom Affiliate or Gibtelecom’s supplier or subcontractor that Gibtelecom engages to Process Customer Personal Data for the purposes of the Contract.
“Termination Charges” means any compensatory charges payable by you to Gibtelecom on termination of the Contract in whole or in part for a Service, in accordance with Clause 15 and as set out in a Service Order.
“User” means any person using the Service provided to the Customer (whether as a customer of Customer or any end user).
SCHEDULE 1 -DATA PROTECTION
The Parties agree to comply with the following terms.
INTERPRETATION AND DEFINITIONS:
- In this Schedule, the following expressions shall have (save where the context otherwise requires) the meanings respectively attributed to them:
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"Controller" |
has the meaning set out in the Data Protection Laws; |
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"Customer Data" |
means the Personal Data of the Customer Processed by (or on behalf of) either Party under, or in connection with, this Contract (by way of example only, including individual customers or Customer employees or employees within the Customer’s Group) (as such Personal Data is more particularly described in Appendix 1 (Data Protection Particulars) to this Schedule); |
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"Data Protection Impact Assessment" |
means an assessment of the impact of the envisaged Processing operations on the protection of Personal Data, as required by Article 35 of the GDPR; |
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"Data Protection Laws" |
means all laws and regulations, including with regards to the processing of Personal Data to which a Party is subject, including the Gibraltar Data Protection Act 2018 ; |
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"Data Protection Particulars" |
means, in relation to any Processing under this Contract those relating to the following as set out in Appendix 1: (a) the subject matter and duration of the Processing; (b) the nature and purpose of the Processing; (c) the type of Personal Data being Processed; and (d) the categories of Data Subjects; |
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"Data Subject" |
has the meaning set out in the Data Protection Laws; |
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"Data Subject Request" |
means an actual or purported subject access request or notice or complaint from (or on behalf of) a Data Subject exercising his rights under the Data Protection Laws; |
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"EEA" |
means the European Economic Area;
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"GDPR" |
Means the applied GDPR found within the DPA 2018. |
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"Group" |
means in respect of either Party, that Party, its holding company, its subsidiaries and any other direct or indirect holding company or subsidiary from time to time of such holding company or subsidiary; |
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"ICO" |
means the UK Information Commissioner's Office, or any successor or replacement body from time to time; |
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"Losses" |
means losses, liabilities, damages, compensation, awards, payments made under settlement arrangements, costs and other expenses including interest and penalties, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, legal and other professional fees and expenses arising from a claim or proceeding; |
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"Personal Data" |
has the meaning set out in the Data Protection Laws and for the purposes of this Contract, includes Special Category Data described in the Data Protection Particulars (if any); |
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"Personal Data Breach" |
has the meaning set out in the GDPR and, for the avoidance of doubt, includes a breach of paragraph 2.6.4; |
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"Processing" |
has the meaning set out in the Data Protection Laws (and "Process" and "Processed" shall be construed accordingly); |
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"Processor" |
has the meaning set out in the Data Protection Laws; |
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"Regulator" |
means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Laws, including (where applicable) in the UK, the ICO; |
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"Regulator Correspondence" |
means any correspondence from the Regulator in relation to the Processing of the Customer Data; |
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"Restricted Country" |
means a country, territory or jurisdiction which is not covered by an adequacy determination by a competent authority with jurisdiction over the Party who wishes to export the data outside of the EEA and/or the UK;
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"Security Requirements" |
means the technical and organisational measures prescribed by applicable Data Protection Laws, including, as appropriate, the measures set out in Article 32(1) of the GDPR (taking due account of the matters described in Article 32(2) of the GDPR)); |
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"Special Category Data" |
shall mean the special categories of Personal Data, as described in Article 9 of the GDPR; |
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“Sub-Processor” |
means any Processor engaged by the Supplier or a Supplier Group Company; |
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"Third Party Request" |
means a request from any third party for disclosure of Customer Data where compliance with such request is required or purported to be required by law. |
- Capitalised terms not otherwise defined in this Schedule shall, for the avoidance of doubt have the meaning ascribed to them in the Contract.
Data protection
Arrangement Between the Parties
- The Parties hereby agree that they will comply with all applicable requirements of the Data Protection Laws. The provisions of this Schedule are in addition to, and do not relieve, remove or replace, a Party’s obligations or rights under the Data Protection Legislation.
- The Parties may each Process the Customer Data. The Parties acknowledge that for the purposes of the Data Protection Laws, the factual arrangement as between them dictates the designation of either Party as Controller or Processor.
- Notwithstanding paragraph 1 the Parties anticipate that during the Term, the Supplier may process Customer Data where such Customer Data have been made available to the Supplier by the Customer (or another member of the Customer’s Group (whether directly or indirectly).
- Each of the Parties acknowledges and agrees that Appendix 1 (Data Protection Particulars) to this Schedule is an accurate description of the Data Protection Particulars.
- The Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws. For the avoidance of doubt, the Customer’s instructions for the Processing of Customer Personal Data shall comply with Data Protection Laws. The Customer shall have sole responsibility for the accuracy, quality, and legality of the Customer Data and the means by which the Customer acquired such Personal Data.
- Data Processor Obligations
- To the extent that the Supplier is acting as a Processor for and on behalf of the Customer as the Controller in relation to the Processing that it is carrying out arising out of, or in connection with, the performance of its obligations under this Contract, it shall:
- Process Customer Data for and on behalf of the Customer (or another member of the Customer’s Group, if applicable) for the purposes of performing its obligations under this Contract t, and only in accordance with the terms of this Contract and any instructions from the Customer. Unless prohibited by law, if the Supplier is required by European Union law (or the law of one of the Member States of the European Union) to which Supplier is subject, to act other than in accordance with the instructions of the Customer, to the extent required under GDPR, the Supplier shall promptly, notify the Customer;
- not otherwise modify, amend or alter the contents of the Customer Data unless specifically instructed to do so in writing by the Customer;
- notify the Customer promptly if it considers, in its opinion (acting reasonably), that any of the Customer’s instructions under paragraph 6.1 infringes any of the Data Protection Laws;
- ensure that it has implemented and shall maintain the Security Requirements for the duration of the Processing of the Personal Data under the Contract;
- appoint any Sub-Processor(s) under a written contract containing materially equivalent obligations to those in this paragraph 2 (Data Protection). Supplier shall provide the Customer with details of Sub-Processor(s) on request. Supplier will provide the Customer with a copy of the agreements with Sub-Processors if requested to do so by the Customer. The Supplier may redact commercial terms from such agreements before disclosing them to the Customer;
- notify the Customer of any changes to, or addition of new, Sub-Processor(s) and give the Customer ten days (from date of receipt of the notice) to object to the change or addition in Sub-Processor on reasonable and objectively justifiable ground;
- take all reasonable steps to ensure the reliability and integrity of any of its staff who Process Customer Personal Data, and ensure that each member of its staff Processing Customer Data is subject to a binding written contractual obligation with the Supplier or under professional obligation to keep the Customer Data confidential (except where disclosure is required in accordance with applicable law, in which case the Supplier shall, where practicable and not prohibited by applicable law, notify the Customer of any such requirement before such disclosure);
- within thirty (30) calendar days of a request from the Customer, provide the Customer with written evidence of its compliance with the requirements of this paragraph 2 (Data Protection). Where such written evidence does not satisfy the Customer (using reasonable and objective exercise of judgement) of compliance, the Supplier shall allow its data processing facilities, procedures and documentation applicable to the Processing of the Customer Data under this Contract, to be submitted for inspection or audit by the Customer (and/or its representatives, including its appointed auditors subject to such representatives or auditors having agreed to appropriate confidentiality obligations) in order to ascertain compliance with the terms of this paragraph 2 (Data Protection), and provide reasonable information, assistance and co-operation to the Customer, including access to relevant staff and/or, on the request of the Customer. The Customer shall reimburse the Supplier for any time expended by the Supplier or its Group Companies for any such on-site inspection or audit. Before the commencement of any such on-site audit, the Customer and the Supplier shall mutually agree upon the scope, timing, and duration of the audit in addition to the reimbursement rate for which the Customer shall be responsible. All reimbursement rates shall be reasonable, taking into account the sources expended by the Supplier or any Supplier Group Company. The Customer shall promptly provide Supplier with information regarding any non-compliance discovered during the course of an audit;
- not disclose Customer Data to a third party (other than a Sub-processor) in any circumstances without the Customer’s prior written consent;
- not Process or otherwise transfer any Personal Data to a Restricted Country before putting in place a legally enforceable mechanism(s) for transfers of Personal Data as may be permitted under Data Protection Laws from time to time such as the EU-US Privacy Shield certification, European Commission approved model clauses and/or a direct data processing agreement;
- notify the Customer promptly (and in any event within forty-eight (48) hours) following its receipt of any Data Subject Request or Regulator Correspondence or Third Party Request, and shall:
- not disclose any Customer Data in response to any Data Subject Request or Regulator Correspondence or Third Party Request without the Customer’s prior written consent; and
- provide the Customer promptly and in any event in accordance with the instructions of the Customer to enable it to comply with the relevant timescales set out in the Data Protection Laws with all reasonable co-operation and assistance required by the Customer in relation to any such Data Subject Request or Regulator Correspondence or Third Party Request;
- notify the Customer promptly upon becoming aware of any actual or suspected Personal Data Breach, and:
- implement any commercially reasonable measures necessary to restore the security of compromised Customer Data; and
- assist the Customer to make any notifications to the Regulator and affected Data Subjects;
- except to the extent required by law (being the governing law of this Contract , or one of the Member States of the European Union or otherwise, as applicable in relation to the legal obligations of each Party), on termination or expiry of this Contract (as applicable), cease Processing all Customer Data and return and/or permanently and securely destroy (as directed in writing by the Customer) all Customer Data and all copies in its possession or control.
- comply with the obligations imposed upon a Processor under the Data Protection Laws; and
- use all reasonable endeavours to assist the Customer to comply with the obligations imposed on the Controller by the Data Protection Laws, including:
- obligations relating to ensuring the security and integrity of the Customer Data;
- obligations relating to notifications and communication of Personal Data Breaches required by the Data Protection Laws to the Regulator and/or any relevant Data Subjects; and
- undertaking any Data Protection Impact Assessments that are required by the Data Protection Laws (and, where required by the Data Protection Laws, consulting with the Regulator in respect of any such Data Protection Impact Assessments).
- Notwithstanding anything in this Contract to the contrary, this paragraph 2 (Data Protection) shall continue in full force and effect for so long as the Supplier Processes any Customer Data.
- Each Party shall use its reasonable endeavours to assist the other Party to comply with any obligations under the Data Protection Laws and shall not perform its obligations under this Contract in such a way as to cause the other Party to breach any of its obligations under the Data Protection Laws to the extent that such Party is aware, or ought reasonably to have been aware, that the same would be a breach of such obligations.
- Except as otherwise provided, this Contract does not transfer ownership of, or create any licences (implied or otherwise), in any Intellectual Property Rights in any Customer Data.
- For the avoidance of doubt the limitations and exclusions on liability set out in the Contract shall apply to any and all Liabilities and Losses arising under this Schedule 1.
- To the extent that the Supplier is acting as a Processor for and on behalf of the Customer as the Controller in relation to the Processing that it is carrying out arising out of, or in connection with, the performance of its obligations under this Contract, it shall:
APPENDIX 1 -DATA PROTECTION PARTICULARS
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The subject matter and duration of the Processing |
Provision of services under the terms, and duration, of the Contract |
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The nature and purpose of the Processing
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Collecting, storing and using user contact details to provide access, scheduled maintenance notifications, incident notification, and other services under the terms of the Contract |
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The type of Personal Data being Processed
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First and last name Telephone number Email address Job title Special Category Data: None |
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The categories of Data Subjects |
Employees, Consultants, Contractors carrying out maintenance and support services to the service. |
Gibtelecom Emergency Mobile Panic Button Terms and Conditions
1. Introduction
These Terms and Conditions outline the terms of use for our Panic Button service, designed to notify emergency contacts or services in case of emergencies.
2. Data Privacy:
Gibtelecom is committed to protecting your data. For information on data collection and processing, please refer to our Privacy Policy
We will only store necessary information for service delivery, including:
• Subscriber name.
• Subscriber contact number.
• Subscriber address.
• Emergency contacts' name, number, and address.
All contact numbers must be Gibraltar telephone numbers. It is strongly recommended that Gibtelecom mobile numbers are used for emergency contacts. This will increase the chances of reaching these contacts at any time, even when they are away from home/office, and will also be able to receive text alerts.
We do not store additional information or special categories of information such as medical records.
3. Subscriber Responsibilities
As a subscriber, you are responsible for:
• Ensuring the accuracy of all Subscriber Information.
• Updating your Subscriber Information promptly when it changes.
• Ensuring that Emergency Contact numbers are always up to date.
Failure to update will discharge Gibtelecom of liability if the Panic Button alert is not received correctly, and services are deployed to the wrong address.
4. Emergency Activation
When you activate the Panic Button during an emergency, the service will transmit your Panic Button mobile phone number to your designated Emergency Contacts.
5. Consent to Release Information
By using Gibtelecom’s Panic Button service, you authorise Gibtelecom to share personal information with third parties for the purpose of providing you with the Panic Button service, which may include:
• Local emergency services.
• Government of Gibraltar.
• Listed emergency contacts.
Additionally, data may also be used by the Government of Gibraltar for statistical purposes. This data will be anonymised and aggregated for analysis, trend identification, and research.
Your personal information will remain confidential and will not be shared with third parties for any other purpose.
You are responsible for ensuring that Emergency Contacts have given their consent to be contacted in case of an alarm.
6. Service Usage
This service is for private consumer use only. It may not be used for any illegal activities.
7. Service Availability
Gibtelecom will make reasonable efforts to maintain service availability. However, due to the nature of telecommunications, we cannot guarantee uninterrupted or error-free service. Interruptions may occur due to any of the following:
• Technical failures beyond our control, including network unavailability.
• Circumstances beyond our control, such as natural disasters, war, or civil disturbances.
In case of interruptions due to the circumstances mentioned in this section 7, Gibtelecom shall not be liable, and rental payments will not be refunded.
8. Device and Network Requirements
The service depends on mobile network availability and requires your Panic Button Device to be charged, switched on, and in working condition. Your Caller ID must be enabled for the Service to recognise your Panic Button mobile phone number. Gibtelecom is not liable if the Service is unavailable for any reason.
9. Emergency Contact Response
Gibtelecom cannot guarantee the response of Emergency Contacts. You are responsible for:
• Ensuring that Emergency Contacts' details are correct and up to date.
• Confirming that Emergency Contacts have access to their phones.
• Ensuring the proper functioning of Emergency Contacts' phones.
10. Geographic Limitation
The service platform is intended for use within Gibraltar and will not work outside of Gibraltar.
11. Mobile Network Coverage
The Panic Button relies on 2G, 3G, or 4G mobile network coverage. Some areas may have low or no coverage, such as basements or underground locations. We recommend checking mobile coverage before subscribing.
12. Equipment
Equipment remains property of Gibtelecom. It is customer’s responsibility to ensure equipment is kept in good working condition. If equipment is lost, unreturned, destroyed, or damaged (excluding fair wear and tear) charges will apply for replacement and/or repair. Customer must not sell, hire, or lend out equipment (whether free or for a fee).
13. Disclaimer
Gibtelecom does not guarantee that the device will prevent accidents, injuries, property damage, illegal entry, or emergency service delays. We are not liable for any indirect or consequential losses. Gibtelecom is not responsible for any injuries, losses, or damages resulting from the actions or inactions of Emergency Contacts or third-party service providers.
14. Fair Use Policy
The Gibtelecom Panic Button is designed for emergency use. Voice and text usage exceeding the pre-set usage limit will be charged at the standard rates which can be found on our website.
15. Contact Information
For service enquiries, please call Customer Care on 20052200. For technical assistance, please call 194.
Should you have any concerns on the above please contact Gibtelecom’s Data Protection Officer (DPO) via email at DPO@gibtele.com. Alternatively, you can refer to Gibtelecom’s Privacy Policy
