Conditions of Service

The following are the applicable Conditions of Service in respect of TV, Internet, Telephony and/or mobile telephony services provided to you, that must be read in conjunction with the Standard Terms and Conditions and any other terms and conditions specific to a particular tariff, promotion or offer.

TV CONDITIONS OF SERVICE

SCOPE
1. The following are the TV Conditions of Service (“the Terms”) applicable in respect of the Television service provided to you (“the Customer”) by Melita Limited (“Melita”). In the case of TV delivered over IP these Terms need to be read in conjunction with the Internet Conditions of Service.
PROGRAMMING
1. The Customer acknowledges that the Service provided by Melita is variable. Many of the channels that form part of Melita’s television Service are supplied by and under the control of third parties. As a result and due to: matters outside of Melita’s control (Such as, decisions by programme providers, technical difficulties and any unforeseeable circumstances); ii) the termination of any particular agreement that Melita may have with any particular channel or programme/content provider and/or; iii) the ongoing improvement of the Services provided, Melita may change, withdraw or interrupt all or any programming, programming services, channel line-up and channels that form part of the Service. Provided that information related to the transmission of European football events if any, is available at https://www.melita.com/european-football-events/.
2. If within any rolling twelve (12) month period during the Agreement there is a change in the channel line-up that effects more than fifteen per cent (15%) of the channel line-up or a minimum of five (5) channels, whichever is the greater, of the relevant tier the Customer is on, Melita shall give the Customer thirty (30) days’ notice of the change/s by e-mail or post at the last address provided by the Customer and the Customer has the right to terminate the TV Service during the said notice period without incurring additional charges.
3. Parental control is available for those subscribing to a service requiring a set-top box. The Electronic Programming Guide (the `EPG’) provided by Melita is outside of Melita’s control as it is sourced by third parties. Therefore programmes are subject to change without prior notice at the Channel’s own discretion.
USE
1. Use of Melita’s television service, EPG, the signal and Equipment/CPE is solely for the Customer’s private and non-commercial use. You shall not make any other or additional use thereof without the specific consent of Melita. Unauthorised use shall be subject to charges to the Customer to repair, replace or restore the Equipment/CPE to its original use.
2. Unless authorised by Melita the Customer acknowledges and agrees that he/she does not have the right to record all or any part of the programming or programme services or permit any other person to do so for any purpose whatsoever.
EQUIPMENT
1. We shall only be responsible for the proper operation of our Equipment. You agree to provide, be responsible for and maintain your own television set, VCR, DVD, tablet, monitor or other Customer Equipment through which the Service may be viewed and Melita shall not be responsible in any way for any loss or damage caused to your television set or other Customer Equipment, as a result of its use with our Equipment.
2. Melita reserves the right to regulate the number of television sets connected to any outlet/set-top box installed by Melita.

INTERNET CONDITIONS OF SERVICE

SCOPE
1. The following are the Internet Conditions of Service (“the Terms”) applicable in respect of the Internet service provided to you (“the Customer”) by Melita Limited (“Melita”).
YOUR RESPONSIBILITIES
1. Notwithstanding Melita’s right to reduce, suspend or terminate the Services, and/or restrict certain types of traffic in accordance with its Traffic Management Policy, if the Customer abuses the Service or breaches his/her Agreement, we may send him/her a formal warning specifying the unacceptable conduct and a notification by Melita that repeated breaches may result in temporary or permanent disconnection. If Melita applies a temporary suspension or restriction on the Customer, Melita may lift this at our discretion, upon receipt of a formal written undertaking from the Customer not to commit any future relevant abuse. All cases will be considered individually on their merits.
2. If the Customer damages any system or network he/she may be prosecuted. Melita will co-operate fully in efforts to trace such violations and will disclose user data and log files to the relevant authorities if requested. The Customer is responsible for the use of the Services by any person who accesses the Services through his/her computer, under the Customer’s screen name or password.
3. Use of the Services may allow the Customer to access certain information, products and services from persons other than Melita, for which there is a charge, including certain on-line services. You are solely responsible for the payment of all such fees or charges for on-line services, products or information.
4. The Customer agrees to indemnify Melita against any claim of third parties with respect to the use of any such services, products or information. Melita does not endorse or warrant any third party products, services or content that are distributed or advertised over or are accessible via the Services.
OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
1. Due to factors beyond our control and also due to congestion and/or local and global network issues, telecommunications networks internet access speeds may vary from time to time. Due to the nature of the internet, including third party influences beyond Melita’s control, Melita delivers internet service on a best effort basis. If an internet subscriber is not reaching the download and upload speed they are subscribed to when connected to an internet modem via a wired connection after carrying out a speed test as directed by us, kindly contact us so we can send a technician. If following our technician’s visit, the consumer continues to experience recurring speed issues as evidenced by speed tests, and this issue is not resolved within three weeks from the first formal registered complaint, then the consumer shall be entitled to terminate the agreement, without penalties.
2. Melita strongly recommends that in view of the ‘always-on’ nature of the Service you make use of additional security products such as personal firewalls and Anti-Virus software.
3. We reserve the right to check the suitability of your Customer Equipment before agreeing to provide you with the Services. Melita uses standardised Equipment from reputable sources, but we do not guarantee that the installation of Equipment on your computer will not disrupt its normal operations or that it will not cause the loss of data or the loss or damage of software or hardware. We exclude all liability in this regard. We are not responsible if you are not able to use the Services because Customer Equipment does not work properly or is not compatible with the Network or Equipment.
4. Melita reserves the right to monitor and control bi-directional data volume and/or bi-directional types of traffic transmitted via your Service and in the event your use of Service risks being of detriment to other customers, puts our system at risk, is not in keeping with and/or does not comply with your Agreement, we reserve the right to reduce, suspend or terminate your Service or restrict certain types of traffic on your Service. During any time of reduction, suspension or restriction you will remain liable for the payment of your monthly Service charge. Melita further reserves the right to: (i) prioritise certain types of traffic in busy times and/or busy areas to ensure an optimised service; (ii) slow down certain traffic types that are not time-critical at busy times or busy places; (iii) support the delivery of premium services.
TERMINATION
1. Where Services have been terminated, any email and web space, data, all email addresses and any other features provided as part of the Services will be deleted and we will be unable to retrieve this data. We will not be able to re-assign the same email address to you at a later date if you decide to re-activate the Service unless specifically agreed to previously which may be subject to an additional charge.
2. Without prejudice to clause 4.1 Customer subscribed to the Internet service may, in those cases where a mailbox was provided by Melita, upon requesting termination in terms of Clause 10 of the Agreement request the forwarding of emails received to a new email address, which will include an automated reply informing senders of forwarding service and new email address. This shall be free of charge for a maximum of twelve (12) months after which Melita retains the right to continue such service at an extra charge as per Schedule of Charges unless otherwise advised by the Customer. It shall be the responsibility of the Customer to request email forwarding service when notice of termination of the Agreement is given.
INTELLECTUAL PROPERTY
1. Any content sent via the Services may be protected by copyright, trademark or other intellectual property rights. Customers accept and agree that their content may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on wired and wireless networks and the internet and Melita shall not be responsible or liable for such acts. You agree not to manipulate, distort, adapt or modify any other content without the prior consent of the holder of the rights of such content.

FIXED TELEPHONY CONDITIONS OF SERVICE

SCOPE
1. The following are the Fixed Telephony Conditions of Service (“the Terms”) applicable in respect of the Telephony service provided to you (“the Customer”) by Melita Limited (“Melita”).
OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
1. If the number of calls or charges for calls made by you has increased to such an extent that it appears, in our reasonable opinion, that the Service/s are not being used in a manner consistent with your previous use, we reserve the right to suspend the Service/s, ask you to make a payment of a deposit as security for your charges; and/or prevent you from making international calls and/or premium rated calls. We will make reasonable efforts to contact you before we proceed with any of the above, but we are not liable if we do not.
YOUR RIGHTS AND RESPONSIBILITIES
1. You are solely responsible for any communication and/or content, in whatever form, originating from the use of the Service and you agree to immediately notify Melita of any unauthorised or illegal use of the Service of which you become aware.
2. You shall not have any proprietary rights whatsoever in any phone number allocated to you by Melita from time to time. Melita reserves the right at any time to alter or replace a phone number allocated to you or any other name, code or number whatsoever associated with the Service.
ITEMISED BILLING
1. You are responsible for the monthly service fee and all charges for Services made from your Fixed Telephony Service. Charges for Services shall be at the rates established by Melita, subject to lawful change at the discretion of Melita in accordance to the applicable tariff plan. Melita shall normally offer a range of tariff plans with different rates, allowance and methods of charging as indicated in the specific Contract Summary and Offer Specific Terms. You may monitor the level of consumption of any allowances and charges accrued by visiting MyMelita.
2. Itemised billing is only available for invoices issued in the past 6 months. This is made available free of charge on MyMelita, or in print form upon request by the Customer. PORTING
3. Persons wishing to port to the Melita Network from another network will be subject to Melita’s porting requirements. Melita may vary the porting requirements from time to time. If a deferred porting date has been requested, the Service shall not commence until the selected porting date.
4. Customers wishing to port from the Melita Network must contact the operator to which they wish to port and will be responsible for complying with the porting requirements of that operator. Porting will be treated as a termination of the Agreement and such automatic termination can affect the other services in your bundle. It is the Customer’s responsibility to check how the other services in his/her bundle will be affected when porting out your fixed or mobile number, You are advised that requests to port from the Melita Network may be declined by Melita in the event that your Account is in arrears or your details do not match those on our systems or for any other reason which is listed by the Malta Communications Authority.

MOBILE CONDITIONS OF SERVICE

SCOPE
1. The following are the Mobile Conditions of Service (“the Terms”) applicable in respect of the post-paid mobile telephony services being provided to you (“the Customer”) by Melita Limited (“Melita”).
OUR RESPONSIBILITIES, RIGHTS AND REMEDIES
1. The Agreement entered into by you only covers the provision of the mobile telephony service by us to you. It does not cover any handsets or other devices you may have received with your SIM card or as part of a package, either directly from us or through a third party retailer. For the purpose of these Terms, SIM shall mean the Subscriber Identity Module referring to both the traditional physical SIM card or eSIM (embedded Subscriber Identity Module) that contains the Melita phone number and Customer information, which enables you (together with a handset or other equipment) to access our Services.
2. Melita reserves the right not to entertain migration requests from the Customer from one tariff plan to another. In such cases where it adheres to such a request, the Customer shall have to terminate this Agreement and enter into a new agreement.
3. Melita reserves the right to refuse any requests to replace your mobile number, or transfer such onto another Customer.
4. Due to factors beyond our control and also due to congestion and/or local and global network issues, mobile telecommunications networks speeds may vary from time to time. Due to the nature of the mobile network, including third party influences beyond Melita’s control, Melita delivers mobile service on a best effort basis.
5. Melita reserves the right to monitor and control bi-directional data volume and/or bi-directional types of traffic transmitted via your Service and in the event your use of Service risks being of detriment to other customers, puts our system at risk, is not in keeping with and/or does not comply with your Agreement, we reserve the right to reduce, suspend or terminate your Service or restrict certain types of traffic on your Service. During any time of reduction, suspension or restriction you will remain liable for the payment of your monthly Service charge. Melita further reserves the right to: (i) prioritise certain types of traffic in busy times and/or busy areas to ensure an optimised service; (ii) slow down certain traffic types that are not time-critical at busy times or busy places; (iii) support the delivery of premium services.
YOUR RIGHTS AND RESPONSIBILITIES
1. You are solely responsible for any communication and/or content, in whatever form, originating from the use of the Service and you agree to immediately notify Melita of any unauthorised or illegal use of the Service of which you become aware.
2. You shall not have any proprietary rights whatsoever in any phone number allocated to you by Melita from time to time. Melita reserves the right at any time to alter or replace a phone number allocated to you or any other name, code or number whatsoever associated with the Service.
CHARGES and ITEMISED BILLING
1. You are responsible for the monthly service fee and all charges for Services made from your SIM. Charges for Services shall be at the rates established by Melita, subject to lawful change at the discretion of Melita in accordance to the applicable tariff plan. Melita shall normally offer a range of tariff plans with different rates, allowance and methods of charging as indicated in the specific Contract Summary and Offer Specific Terms. You may monitor the level of consumption of any allowances and charges accrued by visiting MyMelita.
2. Itemised billing is only available for Melita’s post-paid service and for invoices issued in the past 6 months. This is made available free of charge on MyMelita, or in print form upon request by the Customer.
SERVICES
1. The Services will be available to you provided you are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services. Performance may be impacted by transmission limitations, any interference by third party equipment, terrain, in-building/in-vehicle use and capacity constraints.
2. Mobile data download and upload speeds depend upon a number of factors, which include but are not limited to offer characteristics, device characteristics, location, network availability and coverage levels, number of users in any given location, file characteristics and applications in use. Currently our 3G mobile data service is able to support up to 21 Mbps download speed and up to 3Mbps upload speed, and our 4.5G mobile data service supports up to 200Mbps download speed and up to 50Mbps upload speed. Wherever 5G mobile data service is available, the maximum download speed of 1024 Mbps and upload speed of 100 Mbps may be attained. These however are purely a theoretical estimate, and in most cases you will not reach these speeds while using your mobile data service due to the factors listed in this paragraph. If you are experiencing continuous issues with your mobile data service, for reasons which are not resulting from any of the factors outlined in this paragraph, not resulting from force majeure, or from any other factor which is outside Melita’s control, Melita may either terminate your service without penalty or provide partial refund on your bill in the form of credit on account for the duration of the problem. The remedy provided for, shall be at Melita’s discretion, and may not be contested or challenged.
3. The Network and the Services may be upgraded, modified, changed and maintained from time to time. Melita will exercise its best endeavours to keep all such periods of interruption to a minimum. You acknowledge and accept Melita’s obligation to carry out works from time to time in the interest of all Customers.
4. Standard phone-to-phone SMS (Short Message Service) Text Messages are limited to 160 characters per message. Premium text are charged at their stated rates. Different rates per message charges apply to international messages sent from the Territory.
5. All types of messages are charged when sent whether read or unread by the recipient. We do not guarantee delivery of messages. All types of messages, including downloaded content, not delivered after a period of time will be deleted. We reserve the right to change this delivery period without notification. You are charged for each part of the messages that is sent by you in multiple parts. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient.
6. Through your Device you can access value-added services, which include data access. Activation may require the enabling of certain settings and provisioning on your account or on your mobile phone or device.
7. Service over mobile data is charged on the basis of the volume of data sent and/or received by your device over the Network. Melita’s determination of the volume of data/pages shall be conclusive. For reasons beyond Melita’s control, volumes may vary depending on the type of device used by you. Volume indications given on handset screens may not be accurate.
ROAMING
1. You may use the Service whilst located outside the Territory; however access to foreign networks shall depend upon the arrangements between foreign operators and Melita. Roaming charges for the Service will be charged when outside our network. If you do not wish to use data whilst roaming, you can go to "Settings” on your mobile handset choose Mobile networks and ensure that the "Data roaming" option is unchecked / switched off. The display on your device will not necessarily indicate whether you will incur roaming charges. Services originated or received while outside the Territory are subject to roaming charges. Use of Services when roaming is dependent upon : a) roaming carrier’s support of applicable network technology and functionality b) the type of handset/ device you are using for roaming services c) enabling data roaming in certain countries.Check with roaming carriers individually for support and coverage details. Billing for international roaming usage may be delayed due to reporting delays between carriers. See www.melita.com or dial +356 77100100 for more information and for a list of currently available countries and carriers. Compatible international-capable handsets are required for some markets. The quality of service (such as the speed, latency and availability of roaming services while roaming is not guaranteed and may vary from services consumed domestically due to various factors in each country including but not limited to availability of technologies, coverage and topography Dial +356 7710077100 or visit https://www.melita.com/contact-us/ if you encounter any difficulties related to quality of service while roaming. Certain tenure, billing and credit restrictions and additional charges may apply. Conditions may change frequently due to new/amended agreements with other operators. You are advised to visit our website https://www.melita.com/mobile/roaming for updated information.
2. When using our Service in the EU, Melita shall offer regulated retail roaming services at the domestic retail price to its Customers (“Roam Like at Home”) that are: (i) normally residing in Malta or (ii) who have stable links with Malta, and are subscribed to Mobile Telephony Tariffs that enable roaming in line with the EU law. This means that eligible Customers can use their mobile Tariff at no extra cost unless subscribed to a domestic only tariff. With Roam Like at Home: calls, SMSs made or sent to Maltese and EU numbers and data usage are treated as domestic usage and will come out from your monthly call/ SMS/data allowances if you have one. However, calls/SMS to Melita numbers (on-Net) shall be treated like calls to other domestic networks (Off-Net) whilst roaming. Anything above your allowances is charged at standard domestic rates. Provided however for certain Tariffs, a Fair Use Policy may apply and such would be included in the Tariff specific terms and conditions. Data allowances for your Tariff apply for any given billing period. This volume allowance is calculated in line with the EU Roaming Regulation and shall be available to customers whilst roaming in the EU/EEA/UK. Any data usage consumed over and above the GB roaming data allowance mentioned above shall be charged at the EU regulated surcharge rate. Any data usage above the domestic data allowance shall be charged at the standard domestic data tariff rate, and, when the GB roaming data allowance is exceeded, the EU regulated surcharge rate shall also be additionally charged.. The surcharge is available here. The volume of data allowance and the surcharge shall vary periodically in accordance with EU law.
3. Use of Roam Like at Home services within the EU are only provided for periodic travel and the Roam Like at Home benefits are not intended for permanent roaming.
4. Melita reserves the right to request from its Customers proof of residence in Malta or for documentary evidence for any stable links to determine frequent and substantial presence in Malta. Documentary evidence that may be requested before or after the conclusion of this Agreement includes but is not limited to: the official Residence Permit and utility bills for services provided at the Customer’s address. If you cannot provide the requested proof of stable links or permanent residence documentation Melita is not obliged to offer Roam Like at Home and may apply a surcharge to any EU roaming activity.
5. Melita may implement fair, reasonable and proportionate control mechanisms based on the objective indicators of your usage, consumption and presence over an observation period of four (4) months to prevent abusive or anomalous usage of Roam Like at Home services at the domestic retail price, beyond periodic travel. Other objective indicators may include long inactivity of a SIM card if not exclusively for roaming and multiple subscriptions by the same Customer for roaming.
6. Prevailing roaming consumption and prevailing roaming presence during the observation period shall be considered as proof of abusive and anomalous usage of Roam Like at Home services. Melita shall alert the Customer about his usage pattern and of the possibility of incurring a surcharge in the absence of a change in his usage pattern during the following two-week period. If at the end of this two-week period the Customer does not demonstrate actual domestic consumption or presence, Melita reserves the right to apply a surcharge for usage made by the Customer after the date of such alert. The maximum surcharge inclusive of VAT is: for calls €0.0260/min from 1st January 2022; €0.0224/min from 1st January 2025; for SMS €0.0047/SMS from 1st January 2022; €0.0035/SMS from 1st January 2025; for data €0.0029/MB from 1st January 2022; €0.0021MB from 1st July 2022 €0.0018/MB from 1st January 2024 €0.0015/MB from 1st January 2025; €0.0013/MB from 1st January 2026; €0.0012/MB from 1st January 2027, and shall be charged where applicable and in accordance with EU law. The surcharges shall vary periodically in accordance with EU law. Melita shall cease to apply the surcharge as soon as the customer’s usage no longer indicates a risk of abusive or anomalous usage of Roam Like at Home services based on the aforementioned objective indicators.
7. Melita depends on its roaming partners for updated roaming information. There may be some delays in receiving information related to your usage made whilst roaming. This means that the consumption notifications which are sent to Customers may vary due to delays in receiving information from our roaming partners. Billing for roaming usage may be delayed due to reporting delays between carriers.
8. All International usage, Maritime and Inflight Roaming and Roaming outside the EU, are not included as Roam Like at Home services and are charged at the international rates and roaming rates found on our website. These international rates and roaming rates may vary from time to time depending on the agreement with the other operator. Calls and SMS made to premium, freephone and other value added services numbers whilst roaming may result in excess charges. Please visit https://www.melita.com/mobile/roaming for more information.
9. Upon reaching €40 of roaming data usage over and above the data included in your Tariff, you will be notified by SMS that your mobile data will be stopped upon reaching €50. You will receive a notification when you reach €50. The Customer can disable this capping by sending an SMS to 16868. To remove the €50 cap and resume usage, simply send a blank SMS to 16868. If your monthly consumption then exceeds €100, your data roaming service will be stopped unless you send a SMS to 16868. This will set all future data roaming usage without capping and you will be solely responsible for any charges incurred. All financial limits mentioned in this paragraph are exclusive of VAT.
10. Melita may implement measures to implement Fair Use Policies for data roaming services within the EU in line with EU law. Any such measures will be included Tariff specific terms and conditions.
11. Melita will endeavour to resolve any complaints as outlined in article 4.2.
EQUIPMENT
1. Any SIM we provide to you, against payment or otherwise, remains our property and must be returned to us if we ask for it back. You must keep your SIM safe and can only use it to access our Services. SIM cards are easily damaged and should be handled with care. If your SIM is lost, stolen or damaged call us immediately. If your SIM is lost or stolen you will be liable for all charges relating to use of the SIM (including call charges and data usage) up to the time that you notify us that your SIM is lost or stolen, regardless of whether the Charges have been incurred by you or someone else. If you lose the SIM you might be liable to pay a reasonable replacement charge. You may request a replacement SIM and we may provide it as soon as reasonably practicable, but we reserve the right to charge you for this SIM. Melita reserves the right to recall any SIM from the Customer at any time to enhance or maintain the quality of the Network.
SECURITY
1. We do not guarantee security. Data encryption is available with some, but not all of our services. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures. We are not responsible for loss or disclosure of any sensitive information you transmit. Our services are not equivalent to landline Internet or phone services. We are not responsible for non-proprietary services or their effects on devices. We reserve the right to terminate your services with or without cause, including without limitation, upon expiration or termination of your mobile service agreement. Your wireless number may be transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites.
TERMINATION
1. Upon termination of your Agreement, Melita shall disconnect your device from the Network. The number allocated to you shall no longer be available upon disconnection from the Network.
CUSTOMER INFORMATION
1. Melita may in certain limited circumstances disclose certain information regarding the Account of a Customer who are under the age of 18 years to the parents or guardians of such Customer who has registered with Melita for this purpose and who comply with the verification procedures specified by Melita. However, Melita may at its absolute discretion refuse to disclose any such information to any person in the event that Melita is not satisfied that the person requesting the information is the person who has registered with Melita for this purpose.
INTELLECTUAL PROPERTY
1. Any content sent via the Services may be protected by copyright, trademark or other intellectual property rights. Customers accept and agree that their content may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on wired and wireless networks and the internet and Melita shall not be responsible or liable for such acts. You agree not to manipulate, distort, adapt or modify any other content without the prior consent of the holder of the rights of such content.
PORTING
1. Persons wishing to port to the Melita Network from another network will be subject to Melita’s porting requirements. Melita may vary the porting requirements from time to time. If a deferred porting date has been requested, the Service shall not commence until the selected porting date.
2. Customers wishing to port from the Melita Network must contact the operator to which they wish to port and will be responsible for complying with the porting requirements of that operator. Porting will be treated as a termination of the Agreement and such automatic termination can affect the other services in your bundle. It is the Customer’s responsibility to check how the other services in his/her bundle will be affected when porting out your fixed or mobile number, You are advised that requests to port from the Melita Network may be declined by Melita in the event that your Account is in arrears or your details do not match those on our systems or for any other reason which is listed by the Malta Communications Authority.
3. Customers wishing to port- out their prepaid / hybrid number may by not later than two (2) weeks from successful porting, request Melita for a refund of the remaining topped up and/or purchased credit. The refund shall be equal to the monetary amount of the topped up and/or purchased credit before your number is deactivated on Melita’s network. The said amount excludes any bonus or promotional credit provided by Melita and the monthly access fees in case of hybrid customers. The processing of the refund is subject to the Customer paying a Payment Processing Charge as indicated in the Schedule of Charges. Where the value calculated for the credit refund is lower than the Payment Processing Charge, Melita shall inform you and shall not proceed with the said refund. All refunds shall be made by Melita by bank transfer within one(1) month from receipt of the request.