General Terms of Electronic Communications Services Provision
Between the Private Company under the name “BLUE CLOUD PRIVATE COMPANY”, headquartered at Kato Ilioupoli, Attica, 69-71 Pyrronos Street, 163 41, with VAT No.: 801561208, Tax Office: Ilioupolis, G.E.MI. No.: 159161001000 (hereinafter referred to as "the Company") and the Customer whose details are listed on the previous pages of this Application (hereinafter referred to as "the Subscriber"), the following have been agreed, covenanted, and mutually accepted:
1. DEFINITIONS
[License]: The General License for the provision of Services and activities, number 21-136, granted to the Company by the Hellenic Telecommunications and Post Commission (hereinafter EETT); [Application]: The application for the provision of services titled "APPLICATION – CONTRACT FOR ACTIVATION OF VoIP SERVICES", signed by the Customer or an authorized representative and accompanied by the supporting documents and papers requested by the Company; [Subscriber]: The natural or legal person who contracts with the Company for the provision of telecommunication services and access to the Company's telecommunications network; [Contract]: The full legal and commercial relationship between the Company and the Subscriber, governed by the terms and conditions included in the Application, its respective Annexes, and these General Terms; [Services]: The telephony services (data and content) to be provided to the Subscriber by the Company, as described in the Application and this contract, as well as any other service the Company may decide to offer, as detailed on its website www.bluecloud.gr, according to the instructions regarding the use of the services by the Subscriber; [Network]: All active and passive equipment, terminal or not, infrastructure, arrangements, interconnections, techniques, technologies, software that either belong to or are controlled by the Company, and/or the Subscriber, and/or third parties, and which affect the availability and accessibility or give the Company's Electronic Communications Services the form, characteristics, and functionality with which these services are provided to the public; System: The service provision system for which the Company is responsible, according to the license granted by the competent regulatory and supervisory authorities; Price List: The list of prices and charging policy for the provided Electronic Communications Services of the System or other services connected to the System, as issued from time to time and made available by the Company, which may be adjusted at the Company's discretion, and is posted on the official website of the Company and constitutes an integral Annex to this contract and is published at www.bluecloud.gr
2. OPERATION OF VoIP SERVICES. IMPORTANT INFORMATION
2.1. IMPORTANT INFORMATION: THESE ARE VOICE SERVICES PROVIDED EXCLUSIVELY VIA THE INTERNET, THEREFORE THIS SERVICE DEPENDS ON THE INTERNET CONNECTION. THE SERVICE MAY CEASE TO OPERATE IF THERE IS A POWER OUTAGE. - IMPORTANT INFORMATION: THESE ARE VOICE SERVICES PROVIDED VIA IP PROTOCOL WITH CALL ROUTING ALSO VIA THE INTERNET, THEREFORE THIS SERVICE DEPENDS ON THE INTERNET CONNECTION AND THE NETWORK ON WHICH THIS CONNECTION IS BASED. THE SERVICE MAY CEASE TO OPERATE IF THERE IS A POWER OUTAGE.
2.2. The service may stop functioning if there is a power outage, unless the Subscriber uses Uninterruptible Power Supply (UPS) devices.
2.3. If the service is accompanied by the assignment (or portability) of the right to use numbering resources with a geographic designation, the Subscriber is not allowed to make permanent use of these numbers outside the area for which they were assigned (as indicated by the prefix of the National Destination Code of the number). However, occasional use outside this area (nomadic use) is permitted.
2.4. The service provides the ability to route calls directly to emergency numbers, including the Single European Emergency Number "112".
2.5. The routing of calls to emergency numbers is subject to the same restrictions as calls to other destinations, due to the intermediation of third-party networks and the use of the Internet. Therefore, there is a possibility of delay, or even failure.
2.6. The Company is unable to guarantee the transmission of the caller's actual location information to the Competent Authority when routing calls to emergency numbers, due to the nomadic nature of the service.
2.7. The quality of the service may vary when it is provided at a location different from the one declared by the Subscriber as their permanent address, either for better or for worse.
3. SERVICE ACTIVATION, ADJUSTMENT, AND MODIFICATION PROCEDURE.
3.1. The activation, adjustment, and modification of electronic communication services are carried out upon the Subscriber's request and subject to the Company's approval. The Company reserves the right, at its discretion, to set the procedures for submitting the request and the conditions for accepting or rejecting the request, and subsequently for activating the relevant telecommunication services, in order to address risks of bad debts or risks from unlawful use of the services, including risks of compensation to third parties, in a lawful, impartial, transparent, objective, and proportionate manner according to the existing risk.
3.2. The Company may request from the Subscriber, and the Subscriber is obliged to provide, any necessary supporting document or paperwork that proves their identity, their permanent residence address from which the services will be used, tax identification number, documents proving the right to use numbering resources assigned by other entities, and generally any other document required for the proper execution of this agreement, as well as to sign documents and/or authorizations to the Company which, according to the applicable legal framework, are addressed to third parties/organizations/providers and whose signature is required for the Company to forward them in order to enable the activation of Electronic Communication Services. The Company bears no responsibility beyond the timely forwarding of the relevant documents to the entity/organization. Therefore, in the event of non-activation or delay in the activation of Electronic Communication Services by the entity/organization, the Company shall not be liable to the Subscriber for any breach of obligations of the entity/organization arising from applicable law.
3.3. The Company is entitled to request evidence demonstrating the Subscriber's financial solvency and, in any case, reserves the right not to activate the Contract if it determines that the Subscriber has provided inaccurate personal information, is insolvent, has not settled overdue bills, or for any other reasonable cause, notifying the Subscriber of this decision.
3.4. The Company has the right, at its discretion, to request from the Subscriber the payment of a guarantee of any form for the activation of this agreement or a fixed reconnection fee in case of disconnection due to the Subscriber's fault, according to the Company's posted Price List on its website at www.bluecloud.gr, unless the Services have been prepaid.
4. OBLIGATIONS OF THE COMPANY.
4.1. According to these terms, the Company is obliged to provide the Services to the Subscriber with due diligence, in accordance with the essential elements of the technical specifications of the Services and the terms of the Contract, based on good faith, commercial practices, telecommunications legislation, and the terms of the licenses granted to it.
4.2. The Company reserves the right to unilaterally and at its sole discretion modify the technical specifications of its Services, provided that such modifications do not affect the quality of the provided Services as agreed.
4.3. The Company bears no responsibility for the quality, adequacy, and security, as well as for any malfunction of telecommunications and/or other networks of third parties, or for the routing of incoming calls from the public telecommunications network to the Company's network, or for the termination of outgoing calls to the destination network of the called number. In particular, the Company is not liable for interruptions, interference, or problems in call quality (incoming or outgoing), to the extent that the call originates from or terminates on another network and the quality objectively and technically depends on other networks.
4.4. The Company may deactivate or temporarily suspend the provision of Electronic Communication Services for scheduled network maintenance, provided that this has been expressly communicated to Subscribers via an announcement on the Company's website and by written notice to the Subscriber by email to the address provided in the Application, as well as by any other appropriate means, at least twenty-four (24) hours before the start of the scheduled maintenance. If the availability of the Company's network and/or the provided Electronic Communication Services is interrupted due to the Company's exclusive fault in the context of unscheduled works, the Company must, in the next bill, proportionally credit the Subscriber with the part of the paid fixed fee corresponding to the period of service interruption, in accordance with Article 10 of this agreement. The Company shall not be liable for any direct and/or indirect damages suffered by the Subscriber, for lost profits, loss or alteration of data, or for any other damage the Subscriber may suffer.
4.5. The Company, through its Customer Service Department, is obliged to promptly examine any request from the Subscriber regarding ordering, installation, activation or deactivation, billing, service quality, and fault repair, and to serve it within a reasonable time from receipt. The Company bears no responsibility for the time required to repair faults that require actions by or are under the care of other entities or telecommunications or other equipment owned by the Subscriber or third parties.
4.6. For any dispute arising between the Company and the Subscriber regarding the contractual terms and/or the execution of this contract, which cannot be resolved by the Subscriber's recourse to the Customer Service Department, the Subscriber may request its amicable resolution by submitting an application to the Consumer Ombudsman, who, in cooperation with the Hellenic Telecommunications and Post Commission (EETT) where necessary, addresses such disputes.
4.7. If a dispute between the contracting parties remains unresolved despite their mutual efforts to find a mutually acceptable solution, either party has the right to initiate a mediation process by notifying their intention by letter to the Hellenic Mediation & Arbitration Center, located at 42 Panepistimiou St., Athens, tel. 210 36 20 274, [email protected], www.hellenic-mediation.gr. If the Center secures the agreement of the other party to conduct the mediation and on the name of the mediator (who may be proposed by the Center if the parties do not agree), the main mediation process will begin no later than 15 days from the date the dispute is submitted to the Center and both parties have consented, and will last 1 day (8 hours). If the mediation process results in an agreement, it will be put in writing and will be binding on both parties. The costs of the mediation process will be shared equally by both parties. If the dispute is not resolved through mediation and thirty (30) days have passed since the appointment of the mediator, either party has the right to bring the dispute before the competent courts.
4.8. In cases where the Subscriber is granted the right to use a calling number resource by the Company’s Customer Service Department before the activation of the corresponding services, if the Subscriber wishes to change the calling number or replace it with another due to a change of the permanent use address, they must pay the relevant reconnection fee as provided in the Price List.
4.9. The Company is obliged to inform the Subscriber in a timely manner before implementing their request for changes to the general terms, the conditions and terms of access and use of the provided services as determined by the Company, their duration, the ways of terminating the Contract, the rules for equipment use, the charges in detail, the full current Price List, the system characteristics, and the coverage area.
4.10. To address incidents that may affect or threaten the security and/or stability of the Network and/or the confidentiality of communications or other vulnerabilities of the Company’s or third-party systems (including the Subscriber’s or partner entities’ systems), the Company may, without prior notice to the Subscriber, take any appropriate measures, including technical controls, such as: (a) suspension of the Subscriber’s access to the Network and/or the Internet that participate in or are related to the integrity of the Company’s Services, (b) blocking incoming/outgoing calls to prevent malicious actions against the Company and/or its Subscribers, (c) suspension of the provision of Services, (d) changing the Subscriber’s authentication details (e.g., password) in the Company’s systems.
5. OBLIGATIONS OF THE SUBSCRIBER.
5.1. Electronic Communication Services that include the right to unlimited use by the Subscriber for a fixed monthly fee or are designated as a "Prepaid Talk Time Package" are intended exclusively for domestic use, excluding any kind of professional use or use for consideration by the Subscriber for any third party who does not derive rights directly from the Contract, unless specifically stated in a relevant contract with the Company. This restriction does not apply to Electronic Communication Services provided with talk time charged per minute or second without a discount on the Price List rates. The Company has the right to require the Subscriber to pay for calls and/or to discontinue the provision of the specific service if the provided services are used for professional or other use for consideration by the Subscriber for any third party who does not derive rights directly from the Contract, without prejudice to the Company's right to immediately terminate the agreement due to the Subscriber's fault. Accordingly, and indicatively but not restrictively, the use of the service in combination with automatic calling mechanisms, continuous or extensive fax or scheduled message sending, systematic data exchange connections, etc., is not permitted.
5.2. The Subscriber is solely responsible for the correctness, completeness, accuracy, and validity of the information stated in the Application and other legally required supporting documents. The Subscriber is obliged to notify the Company in writing (by fax, email, or letter) within five (5) business days of any change in the information (personal or other) included in the Application and/or communicated to the Company; otherwise, any notification is validly served at the address and other contact details stated in the Application, without prejudice to the Company's right to immediately terminate the agreement due to the Subscriber's fault.
5.3. The Subscriber is obliged to act in good faith and comply with telecommunications legislation, intellectual property laws, and all relevant national and European rules or laws, and is not permitted to take any action intended to cause harm to the Company and its provided Services or to reduce their security level, nor to burden the Company's telecommunications equipment or any third party. Violation of this term gives the Company the right to immediately terminate the agreement due to the Subscriber's fault, without prejudice to any rights directly arising from the Contract, legislation, or law.
5.4. If the Subscriber does not comply with the terms of the Contract, the Company reserves the right, after notifying the Subscriber, to immediately partially or fully suspend the service at its discretion, in order to protect its Subscribers and itself from irreparable actions and side effects resulting from misuse of the offered services/equipment. The Company is also entitled to take any legal action to protect its rights before the competent judicial and other authorities and to ensure the security of access codes (passwords) provided for automatic or personal use. The Subscriber must safeguard and take all security measures (e.g., frequent password changes, not disclosing access details to third parties, disconnecting from the Internet, etc.) to prevent the violation of their personal data on the Internet. If the Subscriber discovers loss or theft of access details, they must immediately notify the Company in writing. In any case, the Subscriber is responsible for any use by a third party.
5.5. If the Subscriber wishes or requires assistance from the Company's Customer Service Department, the Subscriber must promptly inform the Company and follow the instructions provided by the Customer Service Department before the activation of the corresponding services. If the Subscriber wishes to change the calling number or replace it with another due to a change of the permanent use address, they must pay the relevant reconnection fee as provided in the Price List.
5.6. The Subscriber is obliged to comply with the terms and conditions of access to the Company's services and not to take any action that may affect the operation of the Network and/or the Internet that participate in or are related to the integrity of the Company's Services, (b) blocking incoming/outgoing calls to prevent malicious actions against the Company and/or its Subscribers, (c) suspension of the provision of Services, (d) changing the Subscriber’s authentication details (e.g., password) in the Company’s systems.
5.7. If the Subscriber wishes to transfer, exploit, or otherwise use the service for the benefit of a third party, prior written consent from the Company is required, unless the third party is a member of the Subscriber's family residing at the same address. The Subscriber is not permitted to resell, exploit, or otherwise use the service on behalf of a third party in a manner contrary to good morals, good faith, and the Company's fair use policy, unless the third party is a member of their family.
6. DURATION OF THE CONTRACT AND TERMINATION.
6.1. The validity of the Contract begins on the date of activation of the Electronic Communications Services. The activation of the Electronic Communications Services may depend on the Provider/Organization, which is required to act within the timeframes set by law. For this reason, the Company is not liable for any delay on the part of the Provider/Organization regarding the activation of the Service.
6.2. This Contract is for a fixed term, with the duration specified in the relevant field of the Application signed by the Subscriber, of which this Contract forms an integral part. Upon completion of the contractual term, the Contract is automatically renewed for a fixed period of 12 months, provided the Subscriber pays the annual usage fees for all services previously received under this Contract (if such services incur such a fee), unless the Subscriber or the Company requests in writing not to renew the Contract before its contractual expiration date. Additionally, by submitting a prior written request to the Company, the Subscriber may request, at the end of the term, the renewal of the Contract for a period of 12 months only for a subset of the services previously received. If the services received by the Subscriber do not incur an annual usage fee, then the automatic renewal of this Contract occurs unconditionally upon completion of its contractual term. The automatic renewal for a fixed period of 12 months applies under the same conditions each time the contractual term is completed, regardless of whether this results from the initial Contract based on the duration selected by the Subscriber or from subsequent automatic renewals. The Subscriber is responsible for the full payment of all charges arising from the provision of Electronic Communications Services until their final termination.
6.3. The Subscriber may terminate the Contract before its expiration, without cause, by providing written notice to the Company, which will be effective immediately upon receipt, unless the Subscriber requests a different effective date for the termination. In the event of termination by the Subscriber without fault of the Company, or by the Company due to the Subscriber's fault before the contractual expiration of this Contract, the Subscriber must, in addition to settling their account up to the effective date of termination, also pay the Company a Disconnection Fee, the amount of which is specified in the current Price List and is payable in a lump sum. Any prepaid fixed fees are offset against the Company's claims due to the early termination of the Contract. In the case of a portability request to another provider, the Subscriber undertakes to settle the final invoice for the services received from the Company up to the date the portability request is completed.
6.4. Charges for secondary assignment or renewal of the right to use numbering resources of the National Numbering Plan, charges related to the processing of portability requests, and charges for services provided for a fixed period are considered one-off payments for the specified duration of the Contract and not recurring charges. Therefore, the Subscriber cannot claim a refund of any part or all of the amount paid for these in the event of termination (for any reason) of the Contract.
6.5. If the activation of the Telecommunication Connection proves to be technically impossible, the Company will immediately inform the Subscriber and this Contract will become void.
6.6. If the contract is concluded remotely or outside a commercial store, the Subscriber has the right to withdraw from this Contract without penalty within fourteen (14) days from the activation of the electronic communications services requested, provided that this Contract is signed simultaneously with the activation of those services. In the case of a remote contract, it will be sent to the Subscriber by the Company electronically and will be accompanied, for the Subscriber's convenience, by the relevant withdrawal form.
6.7. After the above period, the Subscriber retains the right to unilaterally terminate the Contract, including in the case where the Subscriber does not use the services for a continuous period of six months or more. In this case, any prepaid fixed fees (but not one-off fees paid for the duration of the contract or amounts paid for the provision of legally binding services) are refunded. The Company, without prejudice to all other rights, may also terminate this Contract without penalty and with claims for itself after notice, in any of the following cases: (A) If the Subscriber does not comply with any of these terms, or with any other terms or agreements between the Subscriber and the Company and/or applicable law or its reseller, and compliance constitutes an illegal act. The Company may seek any actual or consequential damages it has suffered from the improper use of the services and demand overdue debts after the expiry of sixty (60) days from the temporary suspension and after notification to the Subscriber. (C) If the Subscriber and/or their guarantor and/or co-debtors file for bankruptcy or become insolvent to their creditors. (D) If the Subscriber allows or commits acts that may result in the risk of interruption of the provision of Electronic Communications Services. (E) If the License is revoked, expires, is renewed, or is suspended (in whole or in part) for any reason. (F) If the Connection causes technical problems in the operation of the Telecommunication Network and/or the telecommunication networks of other Providers.
7. SUBSCRIBER CHARGES – PAYMENTS.
7.1. For the provision of Electronic Communications Services and the Telecommunication Connection, as well as for any other charges, the Subscriber is charged according to the current Price List of the Company, which is published on the Company's website. An electronic invoice will be issued by the Company at regular intervals not exceeding two months, which will include all charges for the Subscriber for the period from the day after the last invoice up to the date of issue, with a detailed description, the payment due date, and any previous outstanding balance. This invoice constitutes a legal tax document, and the Company will not issue any other document to certify the debts included in the invoice, except for exact copies in case of loss. The Subscriber expressly acknowledges that each monthly or consolidated invoice or any invoice excerpt issued by the Company constitutes full proof of their debt to the Company, provided it includes the charged telephone call units and other charges, the total service fees provided, and the total amount resulting from these, according to the current Price List, as well as other charges, unless the Subscriber proves otherwise.
7.2. The Subscriber is obliged to pay in full and on time the total amount stated on each invoice sent by the Company, in accordance with the terms of this Contract and the current Price List, within the deadline stated on the invoice. Payment is made by deposit or transfer to the Company's bank account, which is stated on each invoice, or by any other method stated on the invoice. The Subscriber must state their full name or company name and customer or account number in the payment reference. Payment by any method does not relieve the Subscriber from the obligation to keep proof of payment.
7.3. The Company reserves the right to unilaterally modify the Price List if required due to force majeure, changes in legislation or regulatory acts, or for other important reasons, by informing the Subscriber in any appropriate way, such as by posting on the Company's website or by sending a relevant notice to the Subscriber. The Subscriber has the right, within one (1) month from the announcement of the change, to terminate the Contract without penalty if they do not accept the change in the Price List.
7.4. In case of late payment, the Subscriber is obliged to pay default interest, according to the applicable default interest rate, as well as the Company's collection expenses.
7.5. The Company reserves the right to temporarily or permanently suspend the provision of Electronic Communications Services if the Subscriber does not pay their debts on time, after relevant notice.
7.6. The Subscriber is obliged to promptly inform the Company of any changes to their details related to billing and payment of their invoices.
7.7. Without prejudice to any legal rights of the Company, the Company is entitled to unilaterally and temporarily suspend the provision of Electronic Communications Services if the Subscriber does not pay their debts on time, after relevant notice.
7.8. Without prejudice to any legal rights of the Company, the Company is entitled to permanently terminate the provision of Electronic Communications Services if the Subscriber does not pay their debts on time, after relevant notice.
7.9. The Subscriber is obliged to promptly inform the Company of any changes to their details related to billing and payment of their invoices.
7.10. In the event of transferring the Connection to another provider at the Subscriber's request, the Subscriber will be charged for the provision of Electronic Communications Services by the Company until the moment the line is transferred to the selected provider.
7.11. It is expressly agreed and acknowledged that the Company has the unilateral right, at its reasonable discretion, to set a credit limit for the Subscriber for making calls per invoice, per service, or per telephone number, as well as to adjust this limit whenever it deems appropriate, informing the Subscriber via email or by posting a relevant notice on the Company's website.
7.12. The Subscriber is obliged to pay in full and on time the total amount stated on each invoice sent by the Company, in accordance with the terms of this Contract and the current Price List, within the deadline stated on the invoice. Payment is made by deposit or transfer to the Company's bank account, which is stated on each invoice, or by any other method stated on the invoice. The Subscriber must state their full name or company name and customer or account number in the payment reference. Payment by any method does not relieve the Subscriber from the obligation to keep proof of payment.
8. CONFIDENTIALITY OF COMMUNICATIONS – PERSONAL DATA PROTECTION – INTELLECTUAL PROPERTY RIGHTS.
8.1. The Company takes all appropriate measures to ensure the confidentiality of the Subscriber's communications and the security of transmitted information and data. However, the Company does not guarantee the security of data transmitted over networks, to the extent that such protection is not achieved by taking appropriate security measures required by law. The Company bears no responsibility for: (a) the authenticity, accuracy, confidentiality, or lawful or unlawful nature of the data that the Subscriber receives or sends to third parties or stores through their access to third-party networks; (b) any direct or indirect, actual or consequential, material or moral damage the Subscriber may suffer from their access to the Internet; and (c) any disputes that may arise between its Subscribers or between Subscribers and third parties due to messages, data, or information transmitted through its telecommunications network. The Company states that any lifting of the confidentiality of the Subscriber's communications is permitted only if and to the extent that it is required to fulfill its obligations under applicable law. Indicatively, the Company complies as required by law with Prosecutor's Orders, Decrees, Court Decisions, or decisions of the competent Authorities.
8.2. Regarding the processing of personal data for the provision of the Company's Services, the Subscriber can be informed by the relevant document, which is posted at www.bluecloud.gr
8.3. Except as expressly stated otherwise, and except for third-party, partner, and institutional intellectual property rights, all content of the Company, including images, graphics, photos, designs, texts, software, provided services, and generally all files, constitute intellectual property and are protected by the relevant legislation. It is expressly agreed that any kind of data entered or to be entered by the Company into its Network is intended exclusively for the Subscriber's personal use. The intellectual property rights of all such data remain with the Company and reproduction, copying, republication, modification, announcement, transmission, translation, adaptation, arrangement, or any other alteration by any means, electronic or printed, by the Subscriber is not permitted, except with the prior written and specific authorization of the Company for this purpose. If the Company provides software to the Subscriber, the Subscriber has a non-exclusive right to use this software, according to the Company's instructions and guidelines, for the purpose and duration of the provision of the Services.
9. LIABILITY TOWARDS SUBSCRIBERS.
9.1. If the availability of the provided Services is interrupted due to the exclusive fault of the Company, and specifically if the System is unable to provide Services to any Subscriber for a continuous period exceeding two (2) hours and fifteen (15) minutes or for a period exceeding six (6) hours within any continuous thirty (30) day period, subject to the provisions of clauses 11.1 and 11.2 regarding force majeure or accidental events, the Company will credit Subscribers with the portion of the paid Annual Fixed Fee corresponding to the period of interruption.
9.2. In addition to the above cases, the Subscriber is entitled to submit a written, reasoned report to the Customer Service Department if they believe that the Company has not properly fulfilled its obligations towards them. If the Company confirms the validity of the Subscriber's claims based on recorded technical data, it will provide appropriate compensation and/or refund of amounts paid.
10. MAINTENANCE OF TELEPHONE DIRECTORIES – EMERGENCY SERVICES – ARTICLE 11 REGISTRY.
10.1. The Company maintains and processes, for the telephone numbers it assigns to its subscribers or provides to entities responsible for directory services through the Universal Service, subscriber directories that are made available to the public or can be accessed via directory information services.
10.2. The Subscriber, if they so choose and in compliance with personal data protection and communications privacy regulations, is listed in the above directories with the following details based on their application or with part of these details, at their discretion: telephone connection number, first name, last name, father’s name (for individuals) or company name (for legal entities), and address.
10.3. The inclusion of the Subscriber’s personal information in printed or electronic telephone directories implies the Subscriber’s consent to the transfer of their personal data to third parties and the further processing of this data within the context of additional usage/processing capabilities based on search functions, such as searching by name or company name, as well as reverse search functions, such as searching by telephone number.
10.4. The Subscriber may declare, both upon signing this agreement and at any time during its execution, their preferences regarding the processing of their personal data by completing and sending to the Company the signed special form "Change of Personal Data Processing Preferences." These preferences may include: whether or not their connections are listed in telephone directories, whether or not address details are included, whether or not their name and surname are provided to the emergency service 112 if they have requested exclusion from directory publication, preference for detailed or summary billing, choice to hide or not the last three digits of called numbers in detailed billing, and whether or not their connections are included in the directory of subscribers who have stated they do not wish to receive calls for direct marketing of products or services. It is noted that in cases where compliance with the Subscriber’s preferences involves third parties, the Company’s responsibility is limited to the accurate transmission of these preferences as they apply to the Subscriber based on the Application and any changes requested by the Subscriber through the above procedure, upon the previous update of those third parties’ systems for the transmission of the data. In no case can the Company be held responsible for errors or omissions in the completion of the forms where the Subscriber’s personal data processing preferences are specified, or for the inability of those third parties to comply with such preferences.
10.5. In accordance with the Regulatory Act of the Hellenic Authority for Communication Security and Privacy (ADAE) regarding emergency calls, in every case of calls to the Single European Emergency Number 112, the Company will neutralize any caller ID blocking and will provide to the General Secretariat for Civil Protection, upon relevant request: the declared address of the Subscriber, regardless of whether the connection is listed or not, and/or any additional directory information depending on the Subscriber’s choices regarding the disclosure of connection details. The Company maintains a special directory of telephone connections for which the holders have declared, via the Application or the personal data processing preferences change form of paragraph 10.4, that they do not wish to receive calls for direct marketing of products or services, in accordance with Article 11 of Law 3471/2006.
10.6. The Subscriber accepts the transfer of their data (which includes only their telephone numbers and the relevant exclusion from telemarketing campaigns) by the Company to third parties solely for the purpose of ensuring those parties’ compliance with applicable legislation regarding unsolicited communications. The Company cannot be held responsible in any case for the compliance or non-compliance of those third parties with the Subscriber’s preferences or for the use by those third parties of any data transferred for this purpose by the Company. The Company’s responsibility is limited to the accurate transmission of these preferences as specified in paragraph 10.4.
11. INABILITY TO FULFILL TERMS – FORCE MAJEURE.
11.1. The Company bears no responsibility for failure or inability to fulfill the terms of this agreement when this is due to force majeure or for any other reason outside the Company’s sphere of influence, such as, indicatively, wars, strikes, accidents, earthquakes, floods, fires, storms, or other natural phenomena, terrorist acts, assassinations, government prohibitions, acts of Greek, EU, or other authorities, trade embargoes, interruption or malfunction of the public telecommunications network or third-party electronic networks (especially if these are used by the Subscriber to receive the service from the Company), court decisions, prosecutor’s orders, provision of the service at a different location than the one declared by the Subscriber as their permanent address, replacement of the copper network, faults or malfunctions or misuse/misconfiguration of the Subscriber’s terminal equipment, etc.
11.2. The Company is not responsible for the quality, adequacy, and security of third-party networks that are necessarily used for the provision of its services.
12. FINAL PROVISIONS.
12.1. The invalidity of any term(s) does not result in the invalidity of the Agreement, and the remaining terms remain in force and fully effective. The parties will make every effort to replace any invalid terms with valid ones of as similar content as possible.
12.2. Individual services governed by the provisions of this Agreement may be accompanied by supplementary terms of use, which form an integral part of this Agreement and (if they exist) are posted on the Company’s website.
12.3. The Company reserves the right to modify, add, or remove terms of this Agreement, which will only take effect after notifying the Subscriber at least one (1) month before the new Agreement is applied, by announcement at a prominent place as well as by reference in a visible part of the printed and/or electronic invoice, depending on the method of delivery to the Subscriber, or in any case in the same way the Subscriber is notified of the issuance of their monthly invoice, or even by sending an email to the address the Subscriber has provided to the Company, ensuring timely notification as described above. The Subscriber is entitled, within the above one (1) month period, to object by any appropriate means to the above addition, modification, or removal of terms of this Agreement and to terminate the contract with the Company without penalty. After the expiration of the above one (1) month period, the Company is considered to have informed the Subscriber about the addition, modification, or removal of the term(s) of this Agreement, and the Subscriber’s consent is presumed. In this case, the Subscriber has the right, within one (1) month from the respective notification or publication, to withdraw from this Agreement without penalty, provided they notify the Company, ensuring that they do not terminate without good reason. This last right of the Subscriber is suspended if the modifications are imposed by law, regulation, or decision of the EETT or other competent authority.
12.4. It is expressly agreed that for any dispute arising from this Agreement, the Company is entitled to assign to natural or legal persons, in accordance with the provisions of the Civil Code, its claims against the Subscriber arising from the Agreement, as well as all issued and to-be-issued checks, in accordance with the provisions of the Law on Checks, and to entrust the collection of its claims to Debt Information Companies, which are lawfully licensed by the EETT, ADAE & APAPP and maintain a special record of overdue debts. For the resolution of disputes arising from this Agreement that are not resolved by the competent dispute resolution bodies, the Courts of Athens are designated as competent. The Agreement is governed by Greek law, unless otherwise expressly provided by law or the Agreement. The language used for any provided service is Greek. The Agreement is drawn up and valid in the Greek language. In case of a discrepancy between the Greek and the foreign language text, the Greek text prevails. The Company’s registered office is in Athens or at the address that will be declared to the Subscriber upon signing the Agreement. Correspondence to the Subscriber will be sent to the address they have declared to the Company as their residence or registered office or to a beneficiary at the place of conclusion of this Agreement. The language used for any provided service is Greek.
This General Terms of Electronic Communications Services Agreement constitutes an integral part of the relevant Subscriber Application, and the Subscriber expressly states that they have carefully read and fully understood every term of this Agreement, a copy of which with a withdrawal form has already been provided to them by the Company.