- Internet Services
1.1 CTM shall undertake to provide the Internet Services (the Service), which consists of accessing and effecting communications between Internet customers (Customer) in accordance with these Terms and Conditions.
1.2 The Service is only allowed to be used for data transmission and is not allowed to be used for the transmission of two way voice communications.
1.3 The Service provided under these Terms and Conditions is subject to CTMs prevailing rate of charges from time to time.
1.4 The Customer is not allowed to share the Service with other Internet Service Providers (ISP). Application Service Providers (ASP), Content Providers (CP) or any third parties (third parties either in the form of corporate entities or as individuals) for pecuniary, for any beneficial gains or for any other purposes.
1.5 The Service shall not be used for rendering services which belong to CTMs exclusive rights under its Concession Agreement without the prior approval of Bureau of Telecommunications Regulation(DSRT).
1.6 CTM may:
1.6.1 deactivate the Service at any time without notice in order to carry out system maintenance, upgrading, testing and/or repairs;
1.6.2 expand, reduce and/or modify any of the Service or any Content (being any still picture or other series of moving images, whether animated or otherwise, music video, music, data, information and/or other material, goods or services that may be accessed through the Service).
1.7 CTM shall undertake to provide a normal and proper operation of the Service. However, CTM shall not bear any responsibility or liability for losses or damages of any kind caused by breakdowns or malfunctioning of equipment provided by CTM, except where such breakdowns or malfunctioning are caused by the gross negligence or default of CTM.
1.8 CTM shall only provide support service to the equipment and software provided by CTM.
1.9 Customer shall use the Services in accordance with CTMs
Acceptable Use Policy (AUP)
is accessible online in ( www.ctm.net
) or in any of CTM shops upon request.
2.1 CTM shall at all times have the right to require the Customer to provide a deposit to CTM as security for payment of all charges hereunder for the use of the Service as well as for any loss or damage incurred or sustained by CTM as a result of any non-observance or non-performance on the part of the Customer of any terms, conditions or obligations hereunder. The amount of the deposit shall be determined by CTM at its sole discretion.
2.2 Prior to reconnecting the Service CTM may request a deposit to be made if the Service was disconnected due to outstanding payments.
3.1 The Customer shall be responsible for paying all amounts due to CTM as a result of using the Service through his User ID.
3.2 Customer agrees and accepts to pay the Service monthly charge in advance, for the current and subsequent month. The additional usage charge will only be paid after presentation of the subsequent bill.
3.3 Monthly Usage Charge
3.3.1 The monthly usage charge for the Service shall be levied to the Customer from the date of successful installation.
3.3.2 The monthly usage charge is equal to the sum of the monthly charge and the additional usage charge by hour after free hours (if applicable) are used up (together the Monthly Usage Charge). If the actual monthly usage is below the free usage hours included in the monthly charge, only the monthly charge shall be due.
3.3.3 The charging unit has a duration of one (1) minute.
3.4 Each change of service details as requested by the Customer shall be charged with the respective approved tariff.
3.5 In the event of any dispute between CTM and the Customer relating to any charges billed by CTM, the books and records of CTM shall be conclusive evidence of all such charges incurred by the Customer.
3.6 CTM reserves the right to stop sending paper invoices to the Customer and replace it by an electronic copy of the invoice. In this case, the invoice as a PDF document will be sent by e-mail (E-mail Bill) to the e-mail address indicated by the Customer.
3.7 The E-mail Bill is intended to replace receipt of paper invoices via normal mail and therefore the Customer, upon using or applying for the Service, is accepting not to receive a paper invoice.
3.8 The invoice shall be paid within twenty (20) days from the issue date indicated on the respective invoice. Failure to do so may result in the suspension of all CTM provided services subscribed by the Customer and CTM reserves the right to initiate a lawsuit in respect of late payments. During the suspension of service, the corresponding monthly charges will continue to apply and CTM shall only reconnect the provision of the Service against payment of a reconnection fee and until Customer has settled all outstanding payments.
- Termination and Temporary Suspension of Service
4.1 CTM shall have the right to terminate these Terms and Conditions or temporarily suspend the provision of the Service without prior notice in any of the following events:
4.1.1 if any incurred charges remain unpaid after becoming due;
4.1.2 if the Customer commits any breach of these Terms and Conditions;
4.1.3 if the Customer uses the Service for the purposes outlined in clause 5.6;
4.1.4 if any of the information specified by the Customer in the Application Form is found to be false.
4.1.5 If the Customer commits any breach of the CTM's Acceptable Use Policy.
4.2 If the Customer wishes to terminate these Terms and Conditions, the Customer shall notify CTM by a written request at CTM Customer Service Centres.
4.3 CTM shall be entitled to delete all Customers data stored in its storing devices if these Terms and Conditions have been terminated under clause 4.1 and 4.2 and CTM has no obligation to make those data available to the Customer.
4.4 CTM shall not be held liable for any losses or damages which may arise from the termination of these Terms and Conditions or suspension of the Service under this clause 4.
5.1 The Customer shall be fully responsible for any unlawful use of the Service by means of his User ID.
5.2 Customer must apply for email service activation to benefit from a free CTM email account. CTM may terminate or suspend such email account for inactivity, which is defined as failing to log in to the service for a 6 month period. Upon termination of the email service, customer’s right to use the service will be ceased immediately, the email account will be deactivated and all related content will be permanently deleted from CTM’s database.
5.3 Customer may apply to increase the E-mail box storage but is required to pay an additional charge according to the approved tariff. To increase e-mail storage, Customer must apply in advance.
5.4 The Customer can use disk space in server to store non-commercial data or files. If the data stored exceeds the free on-line data storage capacity, the Customer will be charged at the applicable rate.
5.5 All information that is considered as "Commercial", by its own nature, is prohibited be stored in this area.
5.6 The Service shall not be used for communications that:
5.6.1 disturb, or are intended to disturb other Internet users;
5.6.2 encourage violence or are intended to alter peace and public safety;
5.6.3 organize, or are intended to organize crimes and offences;
5.6.4 prevent, or are intended to prevent any legal proceedings covering criminal investigation or criminal pursuit;
5.6.5 allow the spreading of rumor;
5.6.6 are indecent or pornographic;
5.6.7 compete, or are intended to compete with CTMs exclusive rights under its Concession Agreement;
5.6.8 broadcast, or are intended to broadcast unsolicited advertising materials;
5.6.9 allow, or are intended to allow the Service to be shared by other Internet Service Providers (ISP). Application Service Providers (ASP), Content Providers (CP) or any third parties (third parties either in the form of corporate entities or as individuals) for pecuniary or any beneficial gains or for any other purposes.
5.7 The Customers right to use the Service is personal and non-transferable. Concurrent login is not allowed.
5.8 The Customer shall indemnify CTM against all actions, proceedings, damages, costs, claims or losses which may be sustained by CTM in connection with any use or misuse of the Service by the Customer or by any third party even if without the Customer's knowledge or consent.
5.9 The Customer acknowledges and agrees that CTM may check his storage space as assigned by CTM to the Customer in CTM server(s) if required to do so by law or if in good faith CTM reasonably believes that such checking is necessary to:
5.9.1 enforce the terms of these Terms and Conditions;
5.9.2 respond to claim(s) by third parties that the Customers use or any other persons use of the Service violates their rights, is illegal or improper; or
5.9.3 to protect the rights (including but not limited to property rights) or safety of the Service and its users, other web sites or the public.
5.10 CTM reserves the right to disconnect or deactivate without any prior notice any of the Customers equipment or software that is found to cause malfunctioning of the Service or to interfere with any of the Customers services, until such time as the deficiency has been cleared by the Customer.
5.11 CTM shall undertake to make the necessary arrangements for ensuring and enforcing that all data transmitted through the Service be kept confidential. However CTM shall not be held responsible if the aforementioned arrangements fail to ensure or enforce data transmission confidentiality.
6.1 Irrespective of the number of services that have been terminated, only one reconnection charge will be due.
6.2 In the event that the Service has been suspended or terminated for the reasons set out in clause 4, CTM may at its sole discretion reconnect the Service upon request by the Customer, subject to the payment of all outstanding charges, including the reconnection charge.
- Signatory and verification of Documents
7.1 If the Customer is registered as a company, association or any other corporate entity, these Terms and Conditions are to be signed by the person entitled to bind such company, association or corporate entity under its by-laws, with the respective stamp and provision of valid business registration certificate.
7.2 If the Customer is an individual, these Terms and Conditions are to be signed by him.
7.3 Signatories are required to produce valid identification documents.
7.4 Application must be submitted by a parent or guardian on behalf of applicants under 18 years of age.
7.5 Upon request from CTM, Customer shall provide all necessary documents to verify the truthfulness or correctness of the information furnished by the Customer.
8.1 CTM reserves the right to make changes to these Terms and Conditions provided the notice of such changes is given to the Customer or that such changes are posted at any of CTMs web pages.
- Force Majeure
9.1 CTM shall not incur in any liability for loss or damage resulting from delay or failure to perform these Terms and Conditions either in whole or in part where such delay or failure is due to a cause beyond its reasonable control, or which is not occasioned by its fault or gross negligence., including (but not limited to) war, threat of imminent war, riots or other acts of civil disobedience, insurrection, restraints imposed by governments or any other supranational legal authority or any other industrial disputes, epidemic, fire, explosion, tropical storms, earthquakes and other natural calamities.
10.1 Where the sense requires, words denoting the singular only shall also include the plural and vice versa.
10.2 References to persons shall include firms, companies, corporate entities and corporate bodies and vice versa.
10.3 Gender references shall include both genders.
10.4 Headings in these Terms and Conditions are inserted for convenience only and shall be ignored in construing these Terms and Conditions.
10.5 In addition to these Terms and Conditions the Customer must follow the provisions of Regulamento de Prestacao dos Servicos Telefonico Telex e Circuitos Alugados published in CTM telephone directory and in the MSARs Official Gazette..
- Software License
11.1 CTM hereby grants to the Customer a non-exclusive and non-transferable license for the Customer to store, run and use the software on his computer in accordance with the terms and conditions of these Terms and Conditions, as well as the software license which accompanies the software, but not further or otherwise. Except to the extent permitted by law, the Customer shall not attempt to or alter, modify, adapt or translate the software nor decompile, disassemble or reverse engineer the same.
11.2 The licensed software provided by CTM is property of CTM. Upon termination of the Service, CTM reserves the right to re-allocate the licensed software granted to the Customer to other users.
11.3 To the extent permitted by law, CTM shall not be liable for any direct, consequential, indirect, incidental, or special damages whatsoever, including without limitation, damages or loss of business profits, business interruption, loss of business information, and the like, arising out of the use or the inability to use the licensed software even if CTM has been advised of the possibility of such damages.
12.1 CTM may appoint agents, assign or sub-contract the whole or any part of its rights and/or obligations contained in these Terms and Conditions to any person at any time.
- Broadband Service Provisioning Equipment
13.1 CTM shall provide, in its discretion, equipment (Equipment) that it deems adequate to the customer according to the subscribed Internet package plan. Maintenance service will only be provided to the equipment described in this clause. Any additional equipment that is by the customer required from CTM will be charged at the prevailing rate.
13.2 Any equipment owned by the Customer for use with the Service must be type-approved by the competent authority for connection to the Internet network of CTM.
13.3 The Customer agrees:
13.3.1 not to part with possession or control of the Equipment;
13.3.2 not to alter or remove any labels or other markings which are on the Equipment when delivered;
13.3.3 not to tamper with, avoid or remove any integrated circuit, component or protection facility contained in the Equipment;
13.3.4 not to permit anyone other than CTM to carry out any repairs or maintenance to the Equipment.
13.3.5 If the Equipment proves to be defective under normal use due to defective materials, design and/or workmanship, CTM will at its option either repair or replace the Equipment.
- Internet Line & Cable
14.1 The availability and the deployment of an individual Internet line shall be subject to the service coverage, the physical environment, the capacity of the plant at the installation address and the subscribed Internet package plan.
14.2 The individual Internet line solely serves the purpose of connection of the Service and must not be used for any other function.
14.3 If the Customer subscribes the Service with an existing fixed telephone line registered under another customers name (PSTN Customer), upon PSTN Customers request, the Customer hereby agrees to cease using the former's fixed telephone line. In this event, the Customer is required to choose another existing fixed telephone line or to install a new ADSL line for the Internet Service. Customer shall pay the applicable charges related to his application for a new fixed telephone line.
15.1 CTM shall only perform the installation of Equipment that is provided by CTM. Customer is responsible for the installation of his own equipment. The Service will be provided only after all necessary equipment is properly installed
15.2 The Customer agrees;
15.2.1 that the provision of access to the Service is subject to the reconfiguration of his personal computer and the Installation of the relevant hardware and software;
15.2.2to authorize CTM or CTMs authorized agents to reconfigure his personal computer to allow access to the Service and install the relevant hardware and software;
15.2.3 to authorize CTM or CTMs authorized agents to disable any Local Area Network (LAN) card installed in his personal computer in order to access the Service and/or install the hardware and/or software (which includes the removal of any defective network interface card and installation of a replacement network interface card).
15.3 The Customer shall be the sole responsible for backing up data of his personal computer prior to installation or reconfiguration of hardware or software, and informing CTM of any reconfiguration or installation by CTM likely to invalidate any support arrangements or other functions of his personal computer.
15.4 CTM shall not be liable for any loss or damage (including loss of data) suffered by the Customer or any other person due to the Customers use of any other hardware in place of the hardware supplied to him under these Terms and Conditions to access the Service without CTMs written consent, nor will CTM be liable for any such loss or damage arising directly or indirectly from CTMs reconfiguration or installation activities (which includes installation of a replacement network interface card) under this clause 15.
15.5 The Customer warrants he is the owner of the personal computer on which CTM conducts reconfiguration and installation activities pursuant to this clause 15. If the Customer does not own the personal computer, he agrees to obtain the consent of the relevant owner prior to such activities.
15.6 Customer is responsible for the proper installation and to ensure the readiness of the Equipment and software as stated by CTM in relevant promotional materials. Installation of the Service will be performed only after all such Equipment and software are ready-for-use.
15.7 CTM shall only perform the installation of the Internet Connection software under the genuine Operating System environment as stated by CTM in relevant promotional materials.
15.8 Should the installation not be completed due to incompatibility of hardware or software configuration in the Customers personal computer, CTM reserves the right to suspend the installation until further notification by the Customer of the readiness of the required hardware and software within 30 days. If the Customer fails to notify CTM within the period specified herein, CTM reserves the right not to process the installation request and application for the Service at CTM Customer Service Centres may be necessary.
15.9 Customer understands and acknowledges that the actual transmission speed delivered by CTM may vary from the transmission speed otherwise expected by Customer based on such factors as operational characteristics of the facilities and equipment used by CTM or the Customer.
- Support and Maintenance
16.1 CTM shall only provide software support if the Internet connection software is installed under the Operating System environment as stated in the System Requirement for Broadband by CTM.
17.1 The deposit shall be refunded without interest to the Customer by CTM upon termination of the Service by the Customer, provided the Customer has settled:
17.1.1 All outstanding charges payable under these Terms and Conditions; and
17.1.2 Any amounts owing pursuant to any claim brought by CTM in respect of any breach, non-observance or non-performance on the part of the Customer of these Terms and Conditions.
17.2 Connection Fee
17.2.1 Connection fee includes any necessary connection within CTM, configurations and the relative working processes in addition to the on-site installation of the Equipment provided by CTM, and the necessary software configuration.
17.2.2 Connection fee will be charged on the first bill of the Customer's accounts after successful connection.
17.2.3 Connection fee is also applicable for removing the Broadband Service telephone line to other premises
17.2.4 The connection fee is applicable to Customer requesting for an ADSL line exclusively used for Broadband but without voice service provided.
17.2.5 Residential Broadband connection fee can be waived when both fixed line and Broadband Service are applied for at the same time.
- Termination and Temporary Suspension of Service
18.1 Upon termination of the Broadband Service, the Customer shall return the equipment provided by CTM in good condition. If any loss or damage beyond the normal wear-and-tear occurs, Customer is liable to pay the cost of the provided equipment at the rates indicated in the Service subscription form.
- Lost or Stolen Broadband Equipment
19.1 Customer must report the loss of any Equipment to the police or similar authorities immediately and also notify CTM of such loss within twenty-four hours by calling the Hotline 1000 Internet Service.
19.2 The Customer shall be liable for all charges arising from the usage of the Broadband Service until such time when CTM receives the call specified in clause 19.1 to temporarily suspend the Broadband Service.
19.3 Upon the recovery of the lost Broadband Modem, CTM may upon the request of the Customer reconnect the Broadband Service upon payment by the Customer of all outstanding charges and a reconnection fee at CTMs prevailing rate with pre-service inspection of the equipment at CTMs sole discretion.