Terms & Conditions of SaleThis Subscriber Agreement (“Agreement”) is made by and between the Subscriber and MEGASAT LTD. (“MEGASAT”), for the provision and use of Satellite Internet access (the “Service”) using Satellite hardware (the “Goods”) incorporating the Satellite Dish and Modem. Now therefore, in consideration of the mutual promises and covenants herein contained, the adequacy of which is hereby acknowledged, and intending to be legally bound, Subscriber and MEGASAT hereby agree as follows:
1. AGREEMENT. Subscriber agrees to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement and with MEGASAT’s Acceptable Usage Policy and any modifications made to same from time to time.
2. THE SUBSCRIBER. Subscriber is at least 18 years of age, is legally able to enter into contracts and is responsible for this Subscriber account. Subscriber shall pay all fees, taxes, charges and other expenses incurred in connection with the account.
3. SUBSCRIBER ACKNOWLEDGEMENTS REGARDING THE SERVICE.
(a) The Service consists of a Broadband internet connection through a Satellite connection.
While MEGASAT will undertake all reasonable commercial efforts to deliver the stated service the Subscriber acknowledges that service speed can vary depending on Internet traffic and other factors beyond the control of MEGASAT. The Service may contain material that is unsuitable for minors and Subscriber acknowledges that MEGASAT does not and can not filter the content.
(b) Subscriber acknowledges that in order to provide the Service, MEGASAT has contracted with communications and network operators for internet access. Subscriber further acknowledges that MEGASAT will only provide uninterruptible continuous Service to Subscriber pursuant to this Agreement to the extent which MEGASAT receives such service from linked communications and network operators.
(c) Subscriber acknowledges and agrees that from time to time MEGASAT may be required to temporarily suspend the Service to subscriber to verify compliance with applicable licenses, authorizations, and compliance with the technical and operating parameters of the network. Under such circumstances MEGASAT will use all reasonable efforts to minimize disruption to the Service including making reasonable efforts that any such suspension take place out of normal business hours.
(d) Subscriber accepts that MEGASAT may change or withdraw any element of the Service from time to time and will use all reasonable efforts to notify Subscriber of any necessary change in the Services.
(e) Subscriber acknowledges that the Service is an “always open” connection to the internet while the equipment is powered on and that it is Subscriber’s SOLE RESPONSIBILITY to install, configure and maintain suitable security measures to protect Subscriber’s computer and equipment from un-authorised or malicious access from the internet. Any advice or equipment provided by MEGASAT is provided ‘as is’ and MEGASAT accepts no responsibility or liability for the security of Subscriber’s systems.
4. EQUIPMENT.
(a) From service activation MEGASAT include certain ADSL modem and associated equipment, hereafter termed “Equipment”, to Subscriber to access the service. The services is subject to the Italian law and is provided through Skylogic. Under the Italian law some gambling and betting sites should not be accessed. From activation this Equipment at all times remains the sole property of the Subscriber who shall agree to provide MEGASAT access and permission to use said equipment on demand without delay, obstruction or interference.
(b) Subscriber agrees to use the Equipment in accordance with MEGASAT’s instructions and to restrict access to the Equipment to only those representatives and agents authorized by MEGASAT. Subscriber agrees to take reasonable steps to protect the Equipment from damage, loss or theft.
(c) Subscriber agrees to notify MEGASAT as soon as reasonably possible once he becomes aware of any damage to the equipment or defect in the operation of the equipment by telephoning or emailing MEGASAT at the numbers or addresses published from time to time, or
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5. TERM. This Agreement is for an initial term of 12 months, and shall automatically renew for subsequent month term,until terminated in accordance with this Agreement. After the Initial Term, Subscriber may terminate this Agreement upon thirty (30) days written notice to MEGASAT. MEGASAT may in its sole discretion terminate this Agreement at any time. In the event that MEGASAT terminates this Agreement for reasons other than breach of this Agreement by Subscriber, then MEGASAT shall endeavor to the extent reasonably possible to provide 30 days notice to Subscriber. Subscriber is liable under this Agreement for all fees and charges until such time as the Agreement has been terminated. SUBSCRIBER UNDERSTANDS THAT UNLESS WRITTEN NOTIFICATION IS RECEIVED BY MEGASAT AFTER THE INITIAL TERM, THE SERVICE SHALL CONTINUE AND SUBSCRIBER WILL CONTINUE TO BE RESPONSIBLE FOR PAYMENT OF APPLICABLE SERVICE FEES
6. TERMINATION. (a) If Subscriber is dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, and if these issues cannot be resolved through MEGASAT’s Customer Complaints procedure Subscriber’s sole remedy is to discontinue using the Service, cancel the account, and pay any cancellation fees that apply. To cancel the Service Subscriber must send a written request for termination by mail or fax to MEGASAT and same must be signed by an authorised representative of Subscriber to arrive not less than 5 working days before the end of the current billing term.
(b) Upon cancellation or otherwise upon termination of this Agreement, related email and hosting services will be terminated and all Subscriber files stored on MEGASAT servers may be deleted. MEGASAT may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if MEGASAT, in its sole discretion, believes you have violated the Agreements or if Subscriber fails to pay any charges when due. (c) Sections 11, 20, 21, and 22 of this Agreement shall survive termination of this Agreement.
(d) MEGASAT may terminate this agreement immediately if Subscriber is subject to bankruptcy, insolvency examinership, receivership, liquidation or any similar proceedings, or in MEGASAT’s exclusive opinion is unable to pay fees due to MEGASAT.
7. FEES AND PAYMENT. (a) Subscriber shall pay a monthly service fee and all other applicable fees, charges, taxes, and other amounts for the Service at the rates in effect for the current billing period. MEGASAT may increase or decrease the monthly service fee. MEGASAT will use all reasonable efforts to provide Subscriber thirty (30) days or more notice of same. If such changes to the basic monthly service fee are to Subscribers detriment (e.g. a price increase), Subscriber may terminate this agreement by giving thirty (30) days written notice and Subscriber will remain liable only for any balance on the account.
(b) Payment is due in full by Direct Debit at the start of each billing month except where annual prepayment has been selected. The first monthly payment is payable upon installation. All subsequent monthly charges will be collected via Direct Debit. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old, unless formally agreed in writing with MEGASAT. If any payment is more than 7 days overdue or is returned by the bank unpaid, the Service may be suspended with immediate effect and remain suspended until the due amounts are paid in full. The Subscriber is not relieved of the obligation to pay the monthly service fee while an account is suspended. MEGASAT may at its sole discretion terminate the Service and this Agreement for any accounts which are 14 days or more overdue. A reactivation fee or deposit may be required before Service is reactivated after suspension or termination. Credit account balances shall not accrue interest. Subscriber agrees to pay the reasonable costs of any collection agency, solicitor or court used by MEGASAT to collect past due amounts or to enforce this Agreement. Returned cheques or Direct Debits will incur a €10 administration fee.
(c) Package can be downgraded or upgraded within contract, with no additional cost to the subscriber. The Subscriber agrees that upon upgrade of service they must stay at a minimum of that level for a period not less than 3 months (90 days). After this period they are free to move within any package.
(d) To ensure the best possible process for installation a deposit of 50% of the installation fee is required to secure a confirmed installation date. MEGASAT shall endeavour to ensure the earliest convenient installation date for the Subscriber.
(e) Title to {the Goods} shall remain vested in {the Seller} and shall not pass to {the Buyer} until the purchase price for {the Goods} has been paid in full and received by {the Seller}. Until title to {the Goods} passes:
a) {the Seller} shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of {the Goods};
b) {the Seller} and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which {the Goods} or any part are stored, or upon which {the Seller} reasonably believes them to be kept;
c) {the Buyer} shall store or mark {the Goods} in a manner reasonably satisfactory to {the Seller} indicating that title to {the Goods} remains vested in {the Seller}; and
d) {the Buyer} shall insure {the Goods} to their full replacement value, and arrange for {the Seller} to be noted on the policy of insurance as the loss payee.
8. SUBSCRIBER ACCOUNT. Subscriber is solely responsible for use of the Service and for ensuring their information is kept confidential. Subscriber must notify MEGASAT immediately upon discovering any unauthorized use of their account.
(b) Subscriber acknowledges that usernames, passwords and IP addresses may change or be changed from time to time, and specifically that fixed IP addresses are not guaranteed except in the case of custom services where this specifically comprises part of the service contract.
9. FAIR ACCESS POLICY. To ensure equal Internet access for all subscribers, MEGASAT operates a fair access policy. Fair access establishes an equitable balance in Internet access across high speed Internet services for all subscribers. To ensure this equity, certain types of traffic such as email and browsing may be prioritized over other traffic. MEGASAT provides the Service on a “best effort” basis and does not guarantee upload or download speeds. Further, all services are subject to a Traffic Quota which is the sum of the upload and download traffic generated during a 30-day period. Fig. 1.1 below shows the Quota level for each service and is also displayed at www.megasat.com.cy and may be modified from time to time. Accounts which exceed their quota may be restricted or suspended without notice, however MEGASAT will endeavor to advise of such actions, and may provide web-based information to the Subscriber to review their usage level.
Overnight usage volumes will be discounted by 50% between midnight and 6am GMT to reward use of the satellite network at times of traditional low usage. Starter Package is the Basic Package. Volume Busters of 500MB are available on request by the subscriber @ 15€ including 15% vat.
10. CUSTOMER COMPLAINT POLICY. Should you be dissatisfied for any reason with the service provided by MEGASAT a formal complaint process is provided to ensure that your issue is addressed as quickly as possible and at the highest level necessary, as follows :
(a) GENERAL: If you have a general complaint regarding MEGASAT, email full details and your account reference us at
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. – issues registered in this way automatically enter MEGASAT’s complaint tracking systems thus ensuring the most appropriate and quickest handling of same.
(b) BILLING: If you have a billing enquiry or complaint, please contact the Accounts Department via the number shown on your invoice or statement by email to
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(c) WRITTEN: If you prefer to put your complaint in writing, we will respond to your letter by telephone and will confirm any details in writing if you wish. Your letter should be addressed to: Customer Care Department., MEGASAT LTD, 55 Griva Digeni Street, 3101 Limassol, Cyprus.
(d) IDENTITY: If telephoning MEGASAT, each staff contact receiving your call will provide his or her name on request. Record same for future reference or to revert later to the same person working on your query or complaint.
(e) RESOLUTION: The staff member receiving your call will either resolve your complaint or transfer your complaint to a more appropriate person to endeavor to resolve your complaint to your satisfaction. Where possible, our staff will resolve your concern at the first point of contact.
(f) ESCALATION: If you are not satisfied with the resolution, or if you feel that you have not received a fair hearing, your complaint can be escalated to a supervisor or manager on your request. He or she will review your complaint and resolutions offered and discuss the complaint with you. If your complaint remains unresolved, it can be escalated to the Business Partners
11. SOFTWARE LICENSE. MEGASAT grants to Subscriber a non-exclusive, non-assignable and non-transferable license to use and display the software provided by or on behalf of MEGASAT only for purposes of accessing the Service. Unauthorized copying of the Software is expressly forbidden. Subscriber may not sublicense, assign or transfer the license or the Software.
12. INSTALLATION. (a) The installation, use, inspection, maintenance, repair, and removal of the equipment may result in service outage or potential damage to your computer. Subscriber is solely responsible for backing up all existing computer files and data. MEGASAT and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals.
(b) MEGASAT will endeavor to provide the Service to all eligible applicants, subject to technical and commercial feasibility. MEGASAT may in its sole discretion determine that it can not or will not service a particular site or subscriber, and reserves the right to cancel the installation process and refund any money that Subscriber has paid. MEGASAT will notify you of its intent to cancel as soon as reasonably possible. It may take up to 90 or more days to determine if MEGASAT is able to provide service in certain locations. MEGASAT shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
13. COPYRIGHTS AND LICENSES. The content on the Service is protected under applicable copyright law. Any copying, modification, distribution, publication or other use by Subscriber, or by any user of Subscriber’s account, of any such content is prohibited, except as expressly permitted by the holder of the applicable copyrights.
14. NO ENDORSEMENT. MEGASAT does not endorse or in any way vouch for the accuracy or completeness of any content made available through the Service. MEGASAT does not recommend that such content be relied on by Subscriber without appropriate verification.
15. SUBSCRIBER CONDUCT. Subscriber shall comply with all laws, rules, regulations and legal obligations related to the Service and with all acceptable use policies and procedures established from time to time by MEGASAT. Subscriber shall not use the Service to conduct any business or activity or to solicit the performance of any activity which is prohibited by any law, rule, regulation or legal obligation. Subscriber shall not intercept email in an unauthorized manner or engage in “spamming” or any similar conduct.
16. THIRD PARTY ACCESS. (a) Subscriber shall not resell, share, lease, hire or otherwise permit access to the Service to any third party, including but not limited to the connection of any third party to the Service through use of direct cable connection, network connection, wireless networking, or any other means. (b) MEGASAT reserve the right to suspend the Service pending investigation where it reasonably suspects the above clause is breached by Subscriber and reserves the right to terminate with immediate effect the Service and this Agreement where such breach has taken place.
17. SERVICE MONITORING. MEGASAT has no obligation to monitor the Service, but may do so and disclose information regarding use of the Services for any reason if MEGASAT, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. MEGASAT may immediately remove your material or information from MEGASAT servers, in whole or in part, which MEGASAT, in its sole and absolute discretion, determines to infringe another’s property rights or to violate MEGASAT’s Acceptable Use Policy.
18. SUBSCRIBER EQUIPMENT. Subscriber shall maintain and operate suitable and fully compatible terminal equipment and communication devices required to access the service. MEGASAT makes no representation or warranties, either express or implied, regarding such Subscriber equipment.
19. DISCLAIMER OF WARRANTIES. Access to the service is not guaranteed. The Service is distributed on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise.
20. LIMITATION OF LIABILITY. Neither MEGASAT nor any of its information or content providers, service providers, licensors, employees or agents shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of Subscriber’s use of the service or inability to use the service or any breach of any representation or warranty. In any event, no such liability shall exceed the total amount actually paid by Subscriber for services provided under this agreement for the prior six month period.
21. INDEMNITY. Subscriber assumes all risk and liability for any use of the Service. Subscriber agrees to indemnify MEGASAT against all claims, liability, damages, costs and expenses, including but not limited to reasonable legal fees, arising out of or related to Subscriber’s use of the Service.
22. THIRD PARTY BENEFICIARIES. The provisions of Sections 19, 20 and 21 are for the benefit of MEGASAT and its respective contractors, information or content providers, service providers, licensors, employees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
23. SUPPORT SERVICES. Subscriber shall direct all enquiries and service related issues to MEGASAT’s Customer Sales and Support contact points, as defined on its website from time to time or directly by email to
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24. APPLICABLE LAWS. This Agreement shall be governed by the laws of the Republic of Cyprus. Any cause of action of Subscriber, or by users of Subscriber’s account, with respect to the Service or this Agreement must be instituted within six (6) months after the claim or cause of action has arisen or be barred. It is acknowledged that this is a services contract and not a contract for the sale of goods.
25. GENERAL. (a)This Agreement constitutes the entire agreement between the parties relating to the subject matter hereunder, and supersedes any and all oral and/or written statements, discussions, representations and agreements made by either party to the other, and may not be assigned without the express written consent of MEGASAT. No modification of this Agreement shall be binding on either party unless it is in writing and signed by both parties. Failure on the part of MEGASAT to enforce any provision of this Agreement shall not be construed as a general waiver or relinquishment of the right to enforce such provision. If any provision shall be held unenforceable, the validity legality and enforceability of the remaining provisions shall in no way be affected thereby, and the intent of the unenforceable provision enacted to the maximum enforceable extent.
(b) Publicity : MEGASAT may identify Subscriber as user of MEGASAT’s services in reports, advertisements and other promotional literature or forms of publication. Subscriber should advise MEGASAT in writing if it does not wish to be identified.
(c) These Terms and Conditions may be modified by MEGASAT from time to time, the current and applicable version always being available in electronic form from the relevant section of the MEGASAT website at www.megasat.com.cy. MEGASAT will make reasonable attempts by email or other communication, including but not limited to national press, to inform Subscriber when the Terms and Conditions of the Service are amended. Should any modification cause a reasonable deterioration in the level of the Service the Subscriber could reasonably expect, their sole remedy is to terminate service in writing within 30 days of such change. Should Subscriber continue to use the Service 30 days following date of notice of an amendment made to the Terms and Conditions the Subscriber is deemed to have accepted the amended terms.
(d) Headings for Convenience. All headings preceding paragraphs and subparagraphs have been inserted for convenience of reference only, and shall not be relied upon in determining the meaning of the rights and obligations of MEGASAT or Subscriber.
Version B
Issue Date, 1st Arpil 2010-05-04
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Terms & Conditions
