TERMS AND CONDITIONS 

FOR MOBILE TELEPHONE PRODUCTS AND SERVICES


1) EAZI TELECOM LTD ("EAZITELECOM") also trading as SHINE, an EAZITELECOM registered brand and trade mark, hereby agrees to provide you (the "Customer") with a mobile telephone service or two-way communication via EAZITELECOM (the "Service") and/or a mobile telephone or other electronic apparatus (the "Device") on the terms and conditions of this agreement.

2) This agreement is intended to be a legally binding contract between EAZITELECOM and the Customer and is at all times subject to the Laws of Gibraltar and the parties to this agreement hereby agreeing to submit to the exclusive jurisdiction of the courts of Gibraltar.

3) The terms and conditions of this agreement (unless otherwise expressly indicated) are applicable to both post-paid Services (contracts) and prepaid Services (Scratch Cards) and Products.

4) In respect to post-paid contracts only this Agreement shall be for a period of either:12 months [ ] or 24 months [ ] (please tick the appropriate box) from the date of acceptance by EAZITELECOM and thereafter shall automatically renew or continue in force upon the same terms and conditions until terminated by either party upon one monthís notice in writing to each other. The Customer at EAZITELECOMís discretion may be given the option to change their contract plan. However, if at any point the Customer wishes to switch to a lower price plan, the Customer may be required to pay the monetary difference between the higher plan (or initial plan they are switching from) and the lower plan they are switching to for the amount of months still remaining on the initial plan.

5) The Customer hereby agrees to pay, on demand, the appropriate charges and/or tariffs as set out by EAZITELECOM and agrees that EAZITELECOM has the right to, at any time, vary itís charges and/or tariffs rates or introduce new charges and/or tariff rates and/or periodically make changes to this Agreement upon first giving the Customers prior reasonable notice of such changes.

6) The Customer hereby agrees that they shall not use the Device and/or Service to send any message which is offensive, abusive or indecent or which in any way has an unlawful purpose or is done in an unlawful manner or for making annoying, malicious or nuisance calls.

7) EAZITELECOM may, without notice, interrupt or temporarily suspend the Service for the purpose of repair, maintenance or improvement thereof.

8) EAZITELECOM may interrupt, suspend or terminate the service to any customer contravening Clauses 6 & 7 and may refuse to restore service.

9) EAZITELECOM shall not be liable to the Customer in contract, tort or otherwise for any death, illness or personal injury or any financial loss or damage, whether direct or indirect, whatsoever or however caused arising from or as a result of the use, suspension or malfunction of the Service and/or Device.

10) The Customer agrees to insure any Device provided to them for its replacement value (including cover for usage made if it is lost, damaged or stolen). Please note that in the event that your Device suffers any of the aforementioned, you will need to notify us immediately so we can prevent, if possible, any unauthorised usage. At EAZITELECOMíS sole discretion, the Customer may be required to pay for any charges or bills relating to any and all unauthorised usage. EAZITELECOM accepts no liability for any losses (financial or otherwise) whatsoever for lost or damaged products as well as charges or bills relating to the same. Replacement Devices, Services or products (including SIM Cards) may be provided by EAZITELECOM at its sole discretion and at a charge it determines is reasonable.

11) If at any time a Device is supplied by EAZITELECOM (to the Customer or their representative) on a finance plan or under any other arrangement and the Device is lost, stolen or damaged, then the Customer hereby agrees to remain liable for and to repay on demand any outstanding sum still owed on the Device to EAZITELECOM and/or its representatives.

12) The Customer hereby agrees to pay on time any Connection Fees and/or Installation Fees or any fees whatsoever which are applicable to the Service and/or Device or product being provided by EAZITELECOM or its representatives to the Customer or their representatives.

13) When your Device is connected, it may be programmed to be fixed to a particular provider or network and/or barred from making international and/or premium rate calls or using overseas networks. To lift any such restrictions the Customer will need to contact EAZITELECOM to agree the lifting of the same.

14) On connection of your Service and/or Device, the Customer may be asked to pay a refundable, non-interest bearing deposit to be used as security. Eazitelecom may require the Customer at any time to increase or top-up the amount of money applicable to this deposit. The Customer shall not be entitled to any interest on the deposit. Upon termination of this agreement, subject to any rights of set-off which EAZITELECOM may have against the Customer, the amount on the deposit shall be returned by EAZITELECOM to the Customer.

15) EAZITELECOM may invoice the Customer monthly for the Services and/or Device or product provided and the Customer shall make the payments to EAZITELECOM within 30 days of the date shown for payment on that invoice. The Customer hereby agrees to arrange to set-up a direct debit to pay their invoice, bill or charges or any arrears and/or pay by using a bank Card. Please note that if the Customers Deposit and/or arrears at any time reaches a point where EAZITELECOM requires payment to be made by the Customer to top-up the deposit and/or pay the arrears, then the Customers hereby agrees that Eazitelecom may debit the Customers deposit and/or bank Cards to top-up the deposit and/or clear the Customers arrears. Prior to any termination, disconnection or suspension of any Services and/or Products, EAZITELECOM will notify the Customer by SMS and/or by their contact details they have provided to EAZI TELECOM on the signing of this Agreement. Please note if the Customer changes their contact details at any point during the term of this Agreement, they should immediately notify our Customer Care Team at EAZITELECOMís offices at Unit 26, Block 6, Watergardens, Gibraltar. Our contact telephone number can be found on our website and/or the Gibraltar Telephone Directory.

16) EAZITELECOM may decide to accept alternative methods of payment of any monies owed to it, only if the Customer has agreed this with EAZITELECOM beforehand and the Customer hereby accepts that EAZITELECOM may need to levy an administrative charge for any and all methods of payment. Any failed direct debit charges or other payment methods may incur an administrative fee. Some payment methods or types of bank cards may attract larger administrative fees than others. The Customer may also be required to provide EAZITELECOM with their bank card details. Please see in store notices or ask in store for preferred bank card companies.

17) All account cancellations and terminations require EAZITELECOMíS prior approval and are subject to the EAZITELECOM terms and conditions and necessitate an account cancellation form. EAZITELECOM without prejudice to its rights, reserves the right to freeze, suspend, cancel any account or terminate this Agreement where the Customer fails to (whether wholly or partly): make payments promptly; or for any other outstanding sums owed to EAZITELECOM; or the Customer is wound up or declared bankrupt; or enters into a composition or arrangement with creditors; or for any other breach of this agreement whatsoever. Please note any account cancellations by the Customer are subject to the EAZITELECOM terms and conditions and necessitate an account cancellation form. If EAZITELECOM restores the Service, the Customer may be required to pay a reconnection fee, the amount or levelling of which is an EAZITELECOMís sole discretion.

18) After any termination of this Agreement and/or any Services and/or any Products relating to the same provided by EAZITELECOM to the Customer or his representative(s), the Customer hereby agrees that it will remain liable to pay any outstanding monies owed to EAZITELECOM.

19) In respect to EAZITELECOM Scratch Cards only (unless EAZITELECOM decides otherwise) the credit on these Scratch Cards is valid only for a period of 90 days from the Date of Activation at the end of which time any remaining credit will be lost or void and cease to have effect. EAZITELECOM will not be liable to activate those credit(s) or offer any replacement credits or refund, or any recompense to the Customer. EAZITELECOM at its sole discretion may, at any time, now or in the future stop, renew or change this Validity Period and details of this will be published beforehand either on EAZITELECOMís Website or Scratch Cards material(s) or promotional material(s) or through the media. After the aforementioned Validity Period has expired, in order to continue using the Scratch Cards Service, Customers must purchase new credits ("Top-Up") and upon activation of the same, will be able to use the Service it provides and these same terms and conditions will automatically renew and continue to apply.

20) In respect to EAZITELECOM Scratch Cards only any associated Top-Up offers or bonuses offers (unless EAZITELECOM decides otherwise) the total period are open initially only for 3 months from the launch of EAZITELECOMíS Network. EAZITELECOM at its sole discretion may, at any time, now or in the future stop, renew or change this offer and details will be published beforehand either on our website or Scratch Card material(s) or promotional material(s) or through the media.

21) In respect to EAZITELECOM Scratch Cards only any associated Top-Up offers or bonuses (unless EAZITELECOM decides otherwise) are only valid for 30 days from activation of the credit on the scratch card and after this period will be void and cease to have effect. EAZITELECOM at its sole discretion may, at any time, now or in the future stop, renew or change this Validity Period and details of this will be published beforehand either on our Website or Scratch Cards material(s) or on promotional material(s) or through the media.

22) In respect to EAZITELECOM Scratch Cards only if there are any delays or errors in activation of the credit on the same or top-up of the same or adding of bonuses, once the customer has reported the problem to EAZITELECOM (through our fault reporting and complaints procedure) if it is found to be an error which has arisen through no fault or negligence of the Customer, EAZITELECOM will make every effort to remedy or correct the situation as soon as possible. However, the Customer hereby agrees that it will accept any refund of credits that may be offered by EAZITELECOM and agrees that (unless EAZITELECOM decides otherwise) that they are not entitled to receive a monetary refund for the credits already paid for the Scratch Card.

23) If a Customer uses the Top-up facility in order to add credit to an account but the Customer or his representative enters the wrong details or commits any other error which results in their money being lost or credited to the wrong account, the Customer hereby agrees that EAZITELECOM shall not be held liable for any loss whatsoever (to the Customer or his representative) and is not liable for the repayment of the lost credit.

24) EAZITELECOM reserves the right to assign or transfer this Agreement or any rights or Services relating to it to a third party at any time. The Customer shall have no right to assign this Agreement or rights or Services relating to it without the prior written consent from EAZITELECOM.

25) The Customer hereby agrees that any data which is collected or given to EAZITELECOM or its representatives by the Customer or their representatives may be sent, held or stored in EAZITELECOMíS own servers or databases or a Cloud database or server in any jurisdiction which EAZITELECOM (in its sole discretion) decides is necessary for it to provide its service or products to the Customer. In the case of the Cloud server or database no personal financial information will be held by EAZITELECOM in that system but only an incident report and the customerís reference number.

26) The Customer agrees that we may also hold or collect personal data on the Customer and provide it to third parties and/or use it for a variety of purposes including (but not limited to) marketing, credit checks, regulatory requirements, normal business operation and/or improvement practices.

27) EAZITELECOM will make every effort to keep the Customerís data and communications secure but the Customer accepts and agrees that despite our best efforts there is always an inherent risk that mobile communications (or any data held by us) may be intercepted unlawfully and if any loss or damage occurs to the Customer or their representatives due to the use or provision of any Customer information or data provided to a third party by EAZITELECOM or its representatives or the unlawful access or interception of the same, the Customer hereby agrees that EAZITELECOM shall not be held liable.

28) Unless the Customer has specifically agreed in writing beforehand with EAZITELECOM, all software installed on any Device must only be the officially authorised software.

29) EAZITELECOM is not responsible and/or liable for any damage caused or relating to the installation and/or operation of any software (whether authorised or not) installed on any Device provided.

30) Neither party shall be liable to the other for any breach of this Agreement caused by the Act of God, insurrection, riot, civil disorder, war military operations, local emergency, acts or omission of government or other competent authority, EAZITELECOMís compliance with any statutory or other legal obligation, industrial disputes of any kind (whether or not involving EAZITELCOM or its employees) fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts or omissions of persons for whom EAZITELECOM is not responsible (including in particular other telecommunications service providers) or any other cause whether similar or dissimilar outside EAZITELECOMís reasonable control.

31) All complaints regarding any EAZITELECOM Services and/or Products should be addressed through EAZITELECOMíS complaints and faults procedure (which may from time to time be amended, substituted or supplemented by EAZITELECOM). Further information can be obtained from Eazitelecomís or Shineís website.

32) This agreement contains the entire understanding of the parties and cancels and supersedes all prior discussions and agreements between the parties, whether written or oral.

33) All obligations which by their very nature continue beyond the termination of this agreement shall survive the expiration or termination hereof.

In the event that any clause (or part of any clause) hereof be invalid, unlawful or unenforceable, the validity, legality and enforcement of all the other clauses shall not be affected thereby in any manner whatsoever.


DEFINITIONS
"Agreement" means the application form and the Terms and Conditions or this Contract which may from time to time be amended, substituted or supplemented without notice by EAZITELECOM, its successors or assigns.
"Customer" means the applicant named in this Application Form or a person who purchases a pre-paid Scratch Card.
"Device" means a mobile telephone or other electronic apparatus.
"Date of Activation" means the date upon which the customer uses the scratch card code to obtain the credit purchased.
"Scratch Cards" means a card with a certain amount of pre-paid credit on it that enables the Customer to use Eazitelecomís Services or Network for the Period of Validity.
"Service" means any service provided by EAZITELECOM to the Customer or at the request of the Customer to a third party.
"Terms and Conditions" means these Terms and Conditions which may from time to time be amended, substituted or supplemented by EAZITELECOM, its successors or assigns.
"Connection Fee or Installation Fee" means any initial, non-refundable one-off charge necessary for the connection of the Service.
"Payments" means all or any of: i) the connection charge as appearing on your bill. ii) the monthly rental charge as appearing on your bill. iii) All other charges for calls made by your mobile in accordance with the applicable rates in force at the time of billing. iv) any other charge, which may be varied by EAZITELECOM from time to time, in connection with the Service or product.
"Validity Period" means a period of 90 days from the Date of Activation of the Eazitelecom Scratch Card.
"Top-up" means when the Customer purchases new credit on their Scratch Card Customers.


Other products and services
Some products or services are subject to established contractual documentation.
For more information please contact: EAZITELECOMís Distribution and Marketing team on customercare@eazitelecom.com or on Telephone: (00350) 200 66400 from 09:00 to 18:00 Monday to Friday, excluding Bank Holidays.