Internet services agreement

Internet services agreement

This Internet Services Agreement (“Agreement”) is entered into between:
SUPERDACH LIMITED, a company registered and operating under the laws of the Republic of Cyprus, registration number HE 347444, with registered office at Georgiou A 91, GALAXY COURT,shop 4, 4048, Germasogeia, Limassol, Cyprus, hereinafter referred to as the “Provider”, and the Customer identified in Annex A to this Agreement, hereinafter referred to as the “Customer”.
The Provider and the Customer are hereinafter collectively referred to as the “Parties”.

1. SERVICES
1.1. The Provider agrees to provide the Customer with internet access services, data transmission services, as well as informational and technical services (the “Services”), and the Customer agrees to accept and pay for the Services in accordance with this Agreement.
1.2. The type, cost and parameters of the Services shall be agreed by the Parties in Annex A to this Agreement, which forms an integral part hereof.
1.3. The Provider shall provide the Customer with access to information regarding the balance of the Customer’s account and the Services provided through the customer portal or other electronic services of the Provider.
1.4. The Services shall be provided subject to technical availability at the address specified in Annex A.

2. CONNECTION AND PROVISION OF SERVICES
2.1. The Provider shall independently determine the technical method and technology used for the provision of the Services.
2.2. The Customer shall provide the Provider with access to the installation site at the mutually agreed date and time.
2.3. The Services shall be connected within no more than twenty (20) business days from the date of signing this Agreement and fulfillment by the Customer of all required connection conditions.
2.4. The Services shall be considered activated from the moment internet access is made available to the Customer.
2.5. The actual internet access speed may differ from the advertised speed and depends on various factors, including network conditions, network congestion, technical limitations, Customer Equipment, Wi-Fi connection quality, third-party networks, environmental conditions, radio interference and the transmission technology used for the provision of the Services.
The Provider does not guarantee uninterrupted availability of the Services or a constant level of bandwidth in circumstances beyond the Provider’s reasonable technical and administrative control, including but not limited to severe weather conditions, force majeure events, external radio interference, failures of upstream providers, failures of third-party infrastructure, failures of Customer Equipment or excessive congestion outside the Provider’s network.
2.6. Detailed information regarding the parameters of the Services, including advertised, minimum, normally available and maximum internet access speeds, factors affecting service performance and the recommended methodology for measuring internet access speed, is available on the Provider’s website at: https://alpha.net.cy/
2.7. For the purpose of measuring internet access speed, the Customer is recommended to use the Speedtest service available at https://www.speedtest.net/ and to follow the speed measurement methodology published on the Provider’s website.
2.8. If the Customer wishes to relocate the Services to another address, the Customer shall notify the Provider in advance. Relocation of the Services shall be subject to technical availability at the new address and may be subject to applicable fees.

3. PAYMENT
3.1. The cost of the Services shall be specified in Annex A to this Agreement.
3.2. The Services are provided on a prepaid basis. Funds deposited by the Customer shall be accounted for in the Customer’s account balance.
3.3. The Provider shall commence provision of the Services provided that the Customer’s account balance contains sufficient funds for connection and provision of the selected Services.
3.4. The Provider may change the tariffs and terms of the Services by giving the Customer at least thirty (30) calendar days prior notice by publication on the Provider’s website, customer portal, e-mail notification or any other reasonable means of communication.
3.5. If the Customer does not agree with such changes, the Customer may discontinue the use of the Services and terminate this Agreement before the changes become effective.
3.6. In the event of insufficient funds in the Customer’s account balance, the Provider may suspend the provision of the Services until the account balance is replenished.

4. PROVIDER EQUIPMENT
4.1. The Provider may supply equipment required for the provision of the Services (the “Provider Equipment”).
4.2. Any equipment owned or purchased by the Customer shall be referred to as “Customer Equipment”.
4.3. The type of Provider Equipment, if applicable, shall be specified in Annex A to this Agreement.
4.4. The Provider Equipment remains the sole property of the Provider unless expressly agreed otherwise by the Parties.
4.5. The Customer shall use the Provider Equipment with due care and only for the purpose of receiving the Services.
4.6. Upon termination of the Agreement or discontinuation of the Services, the Customer shall return the Provider Equipment to the Provider in good working condition, subject to normal wear and tear.
4.7. In the event of loss, damage or failure to return the Provider Equipment, the Customer shall compensate the Provider for the value of such equipment.
4.8. The Provider shall not be responsible for the operation, compatibility or performance of equipment owned or purchased by the Customer.

5. RIGHTS AND OBLIGATIONS OF THE PROVIDER
5.1. The Provider shall provide the Services in accordance with this Agreement and subject to technical availability.
5.2. The Provider shall use reasonable efforts to maintain the proper operation and availability of the Services.
5.3. The Provider shall provide technical support related to the Services through the communication channels specified on the Provider’s website or in the customer portal.
5.4. The Provider may communicate with the Customer and provide information regarding the Services, tariffs, payments, maintenance works, complaints and other service-related matters through its website, customer portal, e-mail, telephone, messaging applications or any other communication channels made available by the Provider.
5.5. The Provider may perform maintenance, repair, upgrade or emergency works necessary for the operation of the network and provision of the Services.
5.6. The Provider may temporarily suspend or restrict the Services for the duration of maintenance, repair, upgrade or emergency works.
5.7. The Provider may perform on-site visits where necessary for installation, maintenance, repair or diagnostics of the Services or Provider Equipment.
5.8. If a malfunction or interruption of the Services is caused by the Provider or Provider Equipment, technical support and repair works shall be carried out free of charge.
5.9. If a malfunction, damage or interruption is caused by the Customer, Customer Equipment or circumstances outside the Provider’s control, the Provider may charge the Customer for repair works, replacement of equipment, on-site visits or additional services.
5.10. The Provider shall provide technical support only for Services and Provider Equipment under the Provider’s direct control.
5.11. The Provider shall not be responsible for faults, interruptions or reduced quality of the Services caused by third-party networks, communication channels, software, internet resources, Customer Equipment or other systems outside the Provider’s control.
5.12. The Provider may change the technical method, technology or configuration used for the provision of the Services, provided that such changes do not materially reduce the agreed parameters of the Services.
5.13. The Provider may suspend the Services in cases provided by this Agreement, including non-payment, illegal use of the Services, network abuse or actions affecting the operation or security of the network.
5.14. The Provider may use its own infrastructure as well as networks and equipment of third parties for the provision of the Services.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. The Customer shall use the Services in compliance with the applicable laws and regulations of the Republic of Cyprus.
6.2. The Customer shall not use the Services for illegal activities, unauthorized access to third-party systems, distribution of malicious software, spam or any actions that may disrupt the operation, integrity or security of the network.
6.3. The Customer shall ensure proper use and safekeeping of the Provider Equipment installed at the Customer’s premises.
6.4. The Customer shall prepare and maintain suitable conditions at the installation site required for the provision of the Services and installation of the Provider Equipment.
6.5. The Customer shall provide the Provider with access to the installation site and Provider Equipment for installation, maintenance, repair or removal of the equipment.
6.6. The Customer shall timely pay for the Services in accordance with this Agreement.
6.7. The Customer shall promptly notify the Provider of any changes to the Customer’s contact information or other relevant details.
6.8. The Customer shall promptly notify the Provider of any interruption, malfunction or deterioration in the quality of the Services.
6.9. The Customer shall not resell or redistribute the Services to third parties without prior written consent of the Provider.
6.10. The Customer shall not interfere with the operation of the network, communication lines or Provider Equipment in any manner that may disrupt the Services or affect the operation or security of the network.
6.11. The Customer shall provide accurate and up-to-date information to the Provider.
6.12. The Customer shall notify the Provider in the event of any change of ownership, possession or use of the premises where the Services are installed.

7. LIMITATION OF LIABILITY
7.1. The Provider shall not be liable for any interruptions, delays, deterioration of quality or unavailability of the Services caused by circumstances beyond the Provider’s reasonable control, including failures of third-party networks, communication channels, power supply interruptions, force majeure events or actions of third parties.
7.2. The Provider does not guarantee uninterrupted or error-free operation of the Internet network or availability of internet resources outside the Provider’s control.
7.3. The Provider shall not be liable for the operation, compatibility, security or performance of Customer Equipment, software or third-party services used by the Customer.
7.4. The Customer is solely responsible for the protection and security of the Customer’s devices, software, passwords, data and information.
7.5. The Provider shall not be liable for any damage, loss of data, security breach, malware, viruses or unauthorized access affecting the Customer’s devices, software, systems or information, unless directly caused by the Provider’s gross negligence or wilful misconduct.
7.6. The Provider shall not be liable for any indirect, incidental or consequential damages, including loss of profit, loss of data or business interruption arising from the use or inability to use the Services.
7.7. The Provider’s total liability in connection with any interruption, degradation or unavailability of the Services shall not exceed the compensation expressly provided for under this Agreement.

8. SUSPENSION AND TERMINATION
8.1. This Agreement shall enter into force upon activation of the Services and shall remain valid until terminated by either Party in accordance with this Agreement.
8.2. The Customer may terminate this Agreement at any time by providing the Provider with at least thirty (30) calendar days prior written notice and settling all outstanding amounts due under this Agreement.
8.3. The Provider may terminate this Agreement by providing the Customer with at least thirty (30) calendar days prior notice, except in cases expressly provided by this Agreement or applicable law.
8.4. Upon termination of the Agreement or discontinuation of the Services, the Customer shall return the Provider Equipment in accordance with this Agreement.
8.5. The Provider may suspend or terminate the Services in the event of:
  • non-payment for the Services;
  • illegal use of the Services;
  • network abuse or interference with the operation or security of the network;
  • breach of the terms of this Agreement by the Customer.
8.6. The Provider may temporarily suspend the Services where necessary for maintenance, repair, upgrade, emergency works or due to circumstances beyond the Provider’s reasonable control.
8.7. Suspension or termination of the Services shall not release the Customer from the obligation to pay any outstanding amounts due to the Provider.
8.8. The Provider may immediately suspend or terminate the Services where required by applicable law, a governmental authority or for the protection of the network or other customers.
8.9. The Provider may refuse to activate or may suspend the Services where the Customer Equipment is technically incompatible with the Services or may adversely affect the operation or security of the network.
8.10. At the Customer’s request, the Provider may temporarily suspend the Services (“Voluntary Suspension”). The period of Voluntary Suspension shall not exceed six (6) months within any calendar year. The procedure and conditions for Voluntary Suspension may be specified by the Provider from time to time through its website, customer portal or other communication channels.
8.11. Except in cases requiring immediate suspension or termination under this Agreement or applicable law, the Party claiming a breach of this Agreement shall provide written notice to the other Party describing the breach and allowing a reasonable period, not exceeding fifteen (15) calendar days, to remedy such breach.
8.12. If the Services have been suspended or disconnected due to non-payment or other breach of this Agreement, the Provider may require payment of all outstanding amounts and any applicable reconnection fee before restoring the Services.

9. PERSONAL DATA AND PRIVACY
9.1. The Customer shall promptly notify the Provider of any changes to the Customer’s personal or contact information.
9.2. The Provider shall process the Customer’s personal data in accordance with applicable data protection legislation and the Provider’s Privacy Policy available at: https://alpha.net.cy/privacy_policy
By entering into this Agreement, the Customer confirms that he/she has been informed of the Provider’s Privacy Policy.

10. COMPLAINTS AND FAULT REPORTING
10.1. The Customer may submit complaints, fault reports or requests related to the Services through the communication channels specified on the Provider’s website.
10.2. In the event of a fault or significant deterioration in the quality of the Services, the Customer shall promptly notify the Provider and provide sufficient information necessary for investigation and resolution of the issue.
10.3. The Provider shall use reasonable efforts to restore the Services within three (3) calendar days from the reporting of the fault or service interruption, where reasonably possible and subject to circumstances beyond the Provider’s control.
10.4. In the event that the interruption of the Services caused solely by the Provider exceeds three (3) calendar days from the reporting of the fault, the Customer may request compensation in the form of a credit applied to the Customer’s account balance equal to the daily charge applicable to the affected Service for each additional calendar day of interruption.
10.5. The total compensation for any interruption of the Services shall not exceed the amount of one monthly subscription fee for the affected Service.
10.6. Submission of a complaint or fault report does not release the Customer from the obligation to pay for the Services provided under this Agreement.
10.7. The repair timeframes and compensation provisions set out in this Section shall not apply where the interruption, fault, delay or degradation of the Services is caused by circumstances beyond the Provider’s reasonable control, including but not limited to:
(a) damage to the Provider’s network or infrastructure caused by third parties;
(b) failures of third-party networks, infrastructure or upstream providers;
(c) planned maintenance works;
(d) failure of the Customer to provide access, information, cooperation or actions reasonably required by the Provider;
(e) force majeure events;
(f) failures or defects of Customer Equipment;
(g) inability to reproduce or verify the reported fault following reasonable investigation;
(h) unavailability of network resources or the need for network expansion;
(i) any breach of this Agreement or applicable law by the Customer.
10.8. If the Customer is not satisfied with the resolution of a complaint, the Customer may refer the matter to the competent regulatory authority of the Republic of Cyprus in accordance with applicable procedures.

11. FORCE MAJEURE
11.1. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events beyond the reasonable control of the affected Party, including force majeure events, natural disasters, power failures, acts of government or regulatory authorities, war, terrorism, riots, strikes, epidemics, failures of third-party networks or other events beyond the affected Party’s reasonable control.
11.2. The affected Party shall notify the other Party as soon as reasonably possible about the occurrence of such event.
11.3. The obligations affected by such event shall be suspended for the duration of the force majeure event.
11.4. If the force majeure event continues for more than six (6) months, either Party may terminate this Agreement by written notice to the other Party.

12. GOVERNING LAW AND JURISDICTION
12.1. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Cyprus.
12.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.
12.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.