All references to "COMANY NAME" below are to COMPANY NAME
By using COMPANY NAME, the customer agrees and undertakes:
Between the Company under the name TOTALWARE IKE, a legally licensed Telecommunications Service Provider with SIC: 800603488 (hereinafter referred to as "the Company"), and the Subscriber with the information on the Profile page in the present website (hereinafter referred to as "the Subscriber"), the following have been agreed and mutually accepted:
1 DEFINITIONS
The following words and phrases used herein will have the following meaning:
Application: The service request entitled "VOIP SERVICES APPLICATION" which you automatically submit with the ordering of a web service through the https://telephony.totalware.gr islet from the Subscriber or his authorized representative and is accompanied by the supporting documents and documents have been requested by the Company.
DID or CLI call number: The telephone number that the subscriber uses for the purpose of using the services.
Subscriber: The natural or legal person who contracts with the Company for the provision of telecommunication services and access to the Company's telecommunication network.
Contract: This, which includes the General Terms, its Annexes.
Network: All active and passive equipment, terminal or otherwise, of infrastructure, devices, interfaces, techniques, technologies, software and other data owned or controlled by the Company and / or the Subscriber; or / and third parties, of course, legally and which affect the availability and accessibility or attribute to the Electronic Communications Services of the Company the form, characteristics and functionality with which these services are provided to the public.
Pricelist: The list of pricing and billing policies of the System's Electronic Communications Services or other services connected to the System, as will be published from time to time by the Company, which will make it at its sole discretion in accordance with the following (8) and is posted on the Company's official website and is an integral part of this publication and is published at www.url.gr/xxxxxx.
System: the service delivery system for which the Company is responsible, in accordance with the license granted to it by the competent regulatory and supervisory authorities.
Electronic Communications Services: Telecommunication services provided by the Company under this Agreement.
Organization / Derivative / Provider Provider: is any entity, organization, company or authority that, in accordance with applicable law, is involved in the implementation of number portability and any other service necessary for the provision of Electronic Communications Services.
Customer Service: The Department of the Company responsible for communicating with Subscribers, to which the Subscriber may submit any request or statement he wishes (tel: 2130324141, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.)
Website or Web Site: The company's website is www.telephony.totalware.gr
NSA: The National Numbering Plan, as defined in Ministerial Decision No. 26634/924 / 3-5-2007 and as amended and currently in force.
Personal Data: Any information that refers to and describes or characterizes a person, such as: identification (name, age, residence, occupation, marital status, telephone numbers, etc.), physical characteristics, education, work work experience, etc.), economic situation (income, assets, economic behavior, etc.) and so on.
Processing of Personal Data: Any work done on personal data such as: collecting, registering, organizing, maintaining or storing, modifying, exporting, using, transmitting, disseminating, publishing and publishing, linking or combining, engagement, deletion, destruction.
2 IMPORTANT INFORMATION
The Subscriber recognizes and accepts the peculiarities and characteristics of the service that it receives from the Company and which derives from the use of the Internet for its provision.
Particularly:
2.1. The service is provided over the Internet and therefore depends on third party electronic networks over which the Company has no control.
2.2. Subscriber access to the Internet is at his own risk and expense. The quality features of this connection, as well as the configuration of the terminal equipment and the local network, may negatively affect the quality of communication through the Company's service or make it impossible.
2.3. The service may stop functioning if there is a power failure, unless the Subscriber uses Uninterruptible Power Supply UPS or Power Generator.
2.4. If the service is accompanied by the assignment (or portability) of the right to use numerical resources with a geographical designation, the Subscriber may not permanently use these numbers outside the area for which it was assigned (denoted by the prefix of the National Destination Number Number). However, occasional use outside this area is permitted.
2.5. The service provides the ability to route calls free of charge to emergency numbers, including the Single European Emergency Number 112. (It requires that the Subscriber's telecommunication equipment is correctly parameterized to route the emergency call)
2.6. The handling of calls to emergency numbers is subject to the same limitations as calls to other destinations, due to mediation of third-party networks and the use of the Internet. Therefore, these calls may be delayed or even fail.
2.7. The Company is not in a position to guarantee the sending of the actual caller location information to the Competent Authority when handling calls to emergency numbers due to the nomadic nature of the service.
2.8. The quality of the service depends on the speed of sending and receiving internet data, and it may vary depending on the subscriber's Internet traffic for the better or worse.
3 ACTIVATION, ADAPTATION AND AMENDMENT OF SERVICES
3.1. The activation, adaptation and modification of electronic communications services is at the Subscriber's request and approval by the Company. The Company is entitled to determine, at its discretion, the procedures for submitting the application and the conditions for accepting the application and then activating the relevant telecommunication services in order to address the risks of bad debts or risks of unlawful use of the services including risks of compensation to third parties in a legal, impartial, transparent, objective and proportionate manner to the existing risk.
3.2. The Company may require the Subscriber and the latter is required to provide all necessary supporting documents proving his identity, his home address from which the permanent use of the services will be made, documents from which the right to use numbering resources will arise which has been assigned to it by other entities and in general any other document for the proper execution of the present document and to sign the documents or authorizations to the Company which according to the validity n legislative framework aimed at third Institutions / Organizations / Providers and signature whose order they be forwarded by the Company to enable the activation of Electronic Communications Services. The Company has no responsibility beyond the timely transmission of the relevant documents to the Body / Organization. For this reason, in the event that the Agency / Agency fails to activate or delay the activation of the Electronic Communications Services, the Company will not be liable to the Subscriber for any breach of its obligations to the Agency / Organization deriving from the applicable legislation.
3.3. The Company has the right to request, at its discretion, the Subscriber to provide a guarantee of any kind for the activation of the present.
3.4. The Company may request a reconnection fee in the event of a disconnection from the Subscriber's fault, based on the Company's Pricelist on its website at www.telephony.totalaware.gr. In the event that the reconfiguration fee is not shown in the posted Price List at that address, the amount is set at € 0.00.
4 OBLIGATIONS OF THE COMPANY
4.1. In accordance with these terms, the Company is obliged to provide the Services to the Subscriber by paying due diligence in accordance with the essential elements of the Technical Specifications of the Services and the terms of the Agreement, based on good faith and commercial morals, telecommunication legislation and the terms of the licenses granted to it.
4.2. The Company reserves the right to modify unilaterally and at its sole discretion the technical specifications of its Services, provided that such modifications will not affect the quality of the Services provided as agreed.
4.3. The Company has no responsibility for quality, adequacy and security, as well as for malfunctions of the telecommunications and / or other third-party networks, or for the routing of the incoming call from the public telecommunication network to the Company's network or for the termination of the outgoing calls to the destination network of the called number. In particular, the Company is not responsible for interruptions, interference or problems with the quality of the call (incoming or outgoing), insofar as the call starts from another network or ends up in another network and the quality depends objectively and for technical reasons and other networks.
4.4. The Company may temporarily disable or temporarily discontinue the provision of Electronic Communications Services for the purpose of carrying out scheduled network maintenance operations provided that it has been explicitly communicated to the Subscribers by means of a notice on the Company's website and by written notice to the Subscriber by sending an e- mail at the address he has stated in the Application as well as in any other appropriate manner at least forty eight (48) hours prior to the first the respective planned maintenance work. If the availability of the Company's network and / or the provided Electronic Communications Services is interrupted for reasons of exclusive liability of the Company in the case of unscheduled work, the Company owes to the next account to credit a proportion of the Subscriber with the portion paid by him of the fixed fee corresponding to the period of interruption of the Electronic Communications Services provided in accordance with the provisions of Article 10 hereof. The Company will not be liable for the direct and indirect damages that the Subscriber has suffered for lost profits, loss or alteration of data or any other damage the Subscriber may suffer.
4.5. The Company is obliged through the Customer Service Department to promptly examine every Subscriber's request for Order, Installation, Start or Stop, Pricing, Service Quality and Trouble Recovery and to serve it within a reasonable time after receipt of. The Company bears no responsibility for the time required to repair faults requiring actions from or in any way involving other operators or telecommunication or other equipment in the ownership of a Subscriber or third parties.
4.6. For any dispute arising between the Company and the Subscriber regarding the contractual terms and / or the performance of this Agreement and which has not been resolved by the Subscriber's recourse to the Customer Service Department, the Subscriber has the option of requesting out of court its solution, with a request to the Consumer Ombudsman, who in cooperation with EETT where necessary, addresses these unresolved differences.
4.7. In the event that a dispute between the parties remains unresolved despite their mutual efforts to find a mutually acceptable solution, either party has the right to initiate a mediation procedure, by communicating this intention by means of a letter to the Hellenic Center for Mediation & Arbitration, based in Athens, 42, Panepistimiou str., Tel. 210 36 20 274, This email address is being protected from spambots. You need JavaScript enabled to view it., www. hellenic-mediation.gr. If the Center obtains the agreement of the other party to conduct mediation and the mediator's name (which 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 of submission of the dispute to the Center and the consensus to conduct the mediation and the other party and will last 1 day (8 hours). If the arbitration procedure results in an agreement, this agreement will be drafted in writing and its content will be binding on both parties. The costs of the mediation process are borne by the two parties jointly and equally. In the event that the dispute cannot be settled through arbitration and thirty (30) days have elapsed since the appointment of the Ombudsman, either of the parties has the right to bring the case before the courts in each case.
4.8. In cases of assignment to the Subscriber of a right to use the NSS resources. from spectra that have been assigned primary or secondary to the Company by EETT, the numbers will be set by the Company. The Subscriber will be notified of his numbers by the Customer Service Department of the Company prior to the activation of the respective services. In the event that he wishes to change the number or replace it by another change in the address from which it is permanently used, it will have to pay the corresponding fees in accordance with the applicable Tariff List.
4.9. The Company is obliged to inform the Subscriber before signing the Application for the General Terms, Conditions and Terms of Access and Usage of the Services Provided, as the Company will determine, the term of validity and the ways of terminating the Agreement, the use of equipment, accurate charges and the entire applicable Pricelist, system features, service quality and coverage area.
4.10. In order to address incidents relating to the security or integrity or reliability or stability of the Network or the confidentiality of communications or to address any threats or other weaknesses in the Company's systems or third parties (including subscriber or network operator systems) the latter may, without prior notice, obtain, if deemed necessary, appropriate and technically appropriate measures such as, but not limited to: (a) interruption of network traffic (b) blocking incoming and outgoing calls for the prevention of malicious actions against the Company or its subscribers; (b) blocking incoming and outgoing calls to prevent malicious actions against the Company or its subscribers , (c) interruption of the provision of the Services, (d) change of the Subscriber's accreditation information (eg password) in the Company's systems.
5 SUBSCRIPTION OBLIGATIONS
5.1. Electronic Communications Services that include the Subscriber's Unlimited Use Rights against a fixed monthly fee or are labeled "Prepaid Speech Time Pack" shall be reserved for domestic use, excluding any kind of business use or for consideration by the Subscriber from any third party who does not have rights directly from the Contract, unless specifically referred to in a contract with the Company. It is clarified that this limitation does not apply to Electronic Communications Services provided with pre-paid talk time which is charged with a per-minute or second-rate talk time without discount on the Pricelist prices. The Company has the right to require the Subscriber to pay the cost of the calls and / or to discontinue the provision of the particular service if the use of the services is not domestic but professional or other use for consideration by the Subscriber by any third party does not derive rights directly from the Agreement, without prejudice to the right of the Company to terminate the present directly with fault of the Subscriber. By sequential, but not limitative, use of the service in conjunction with automatic call mechanisms, continuous or extended call diversion, tele sales, mass faxing or recorded messages, systematic connection for data exchange, etc. are not allowed.
5.2. The Subscriber is solely responsible for the correct completion, accuracy and correctness of the information contained in the Application and the other supporting documents required by law.
5.3. The Subscriber is required to declare to the Company within 10 (10) days and in writing (by fax, e-mail or postal letter) any change in the details (personal or other) included in the Application and communicating to the Company any performance is validly made to the address stated on the Application and other contact details, without prejudice to the right of the Company to terminate the present directly at the fault of the Subscriber.
5.4. The Subscriber is required to make good use of the Electronic Communications Services and must comply with the provisions of the telecommunications legislation, intellectual property law and generally any relevant national and European international law or rule and may not take any action aimed at cause damage to both the Company and the Services provided by it, as well as to reduce its security level or to interfere with the Company's telecommunication material, any third party. The breach of this term gives the Company the right to terminate the present at the fault of the Subscriber, without prejudice to any other of its rights under the Law.
5.5. In the event that the Subscriber does not comply with the terms of the Agreement, the Company reserves the right, upon notice to the Subscriber, to proceed at its sole discretion to partial or total interruption of the Service in order to protect its Subscribers and the same by undesirable effects and side effects resulting from abuse of the services offered. Furthermore, in the event that the Company is in any way harmed by any acts or omissions of the Subscriber, the latter is obliged to remedy any damage to the Company and the Company is entitled to take any legal action to support its rights before the Administrative and Other Authorities and Courts.
5.6. The username and password are granted for strictly personal use. The Subscriber must act diligently and take any security measures (eg frequent change of codes, non-disclosure of third party access information, third-party ban, etc.) to prevent the unauthorized use of personal data in Internet. If the Subscriber understands the use of his password by a third party (with or without his / her consent), he / she must immediately inform the Company in writing. In any event, the Company has no responsibility for any damage or damage caused by unauthorized use of the password or for use by third parties.
5.7. In the event of a loss of the Subscriber's "Password" or use by a third party, with or without the Subscriber's consent, the Subscriber shall immediately notify the Customer Service Department. Throughout the interim period, until the Company is notified, the Subscriber is fully and exclusively liable for any damage or harm suffered by himself or caused to the Company by the unlawful and / or illegal use of the Services.
5.8. The Subscriber must be informed of the applicable prices, terms and conditions of access of the Company's services and of its rights in relation to the protection of the confidentiality of telecommunications from the Company's website or points of sale of products and services.
5.9. The service is offered for use and not for exploitation. The Subscriber may not resell, exploit or generally make use of the service received by the Company in a manner contrary to the Company's goodwill, goodwill and policy of proper use unless the Company has agreed in writing.
6 DURATION OF THE CONTRACT AND COMPLAINT
6.1. The validity of the Contract starts from the date of activation of the Electronic Communications Services. The activation of Electronic Communications Services may be dependent on the Agency / Organization which is required to act within the timeframe set by the law. For this reason, the Company is not responsible for any delay on the part of the Agency / Agency regarding the activation of the Service.
6.2. This Agreement is of a fixed duration, with the duration indicated in the scope of the Application signed by the Subscriber, an integral part of which is the present Convention. Upon the date of completion of the contractual term, the Contract is automatically renewed for a certain period of 12 months at the same time as the Subscriber has paid the annual usage fees of all services subscribed by the Subscriber pursuant to this Agreement previously (if such services incur that fee) , unless the Subscriber or the Company requests in writing that the Contract be not renewed prior to its contractual expiry date. Also, upon a prior written request to the Company, the Subscriber may request upon termination of the renewal of the Contract for a period of 12 months only a subset of the services received under it. In the event that the services received by the Subscriber do not result in an annual user charge, the automatic renewal of the present occurs without any further condition upon completion of the contractual term. The term of automatic renewal for a period of 12 months is valid under the same conditions each time the contractual term expires, regardless of whether it originates from the original agreement based on the term selected by the Subscriber or subsequent automatic renewals. The Subscriber is responsible for the full payment of all charges resulting from the provision of Electronic Communications Services until their final termination.
6.3. The Subscriber may terminate the Agreement and, prior to its expiration, without due notice upon written notice to the Company, which shall be deemed to be immediately applicable upon its receipt, unless the Subscriber requests a different time of entry into force Complaint. In the event of termination of the Agreement by the Subscriber without fault of the Company or by the Company due to the Subscriber's fault prior to the contractual termination of this Agreement, the Subscriber shall, in addition to the payment of its charges until the moment of termination of the complaint, also pay to Company Disconnection fee, the amount of which is set in the current Price List, currently amounting to € 0,00, once payable.
6.4. Charges for secondary assignment or renewal of the right to use NSS numerical resources, charges associated with the handling of requests for portability, as well as charges for services provided for a fixed period (indicatively and non-restrictively, COMPANY NAME < <SYSTEMS AND COMMUNICATIONS TECHNOLOGY>>) constitute a lump sum charge for the specified duration of the Agreement and not fixed charges, and therefore the Subscriber may not demand the refund of part or all of the amount involved in the event of termination or termination ad in any way) of the Convention.
6.5. If the activation of the Telecommunication Connection proves technically impossible, the Company will immediately notify the Subscriber and this contract will become invalid.
6.6. In the event that the contract is concluded at a distance or off-premises basis, the Subscriber has the right to withdraw without delay from the present within thirty (30) days from its creation or from the activation of the electronic communications services requested, provided that it is signed at the same time by activating them. In the case of the drawing of the relevant contract, it will be sent by the Company to the Subscriber by electronic means and will be accompanied, for the benefit of the Subscriber, by the relevant withdrawal form.
6.7. At the end of the first year, the Company reserves the right to proceed unilaterally to the termination of the Contract, inter alia, in the event that the Subscriber does not use its services for a continuous period longer than or equal to six months. In this case, any prepaid fixed fees (but not lump-sum usage fees paid for the duration of the contract or amounts paid for the pre-purchase of billing units) are refunded to the Subscriber.
6.8. Without prejudice to all other rights, the Company may, in addition, immediately and indemnify you for this purpose upon notice in any of the following cases: A) Should the Subscriber fail to comply with any of these terms, or with any other terms or agreements between the Subscriber and the Company or its distributor, agent, affiliate or reseller, and non-compliance constitutes an unlawful act. In this case, the Company may seek any positive or consequential damages suffered by the unconventional use of such services. B) In the case of non-payment of overdue debts immediately after the expiration of the sixty (60) days from the temporary interruption and after notification to the Subscriber of the relevant notice. C) In the event of Bankruptcy of the Subscriber or other similar situation, whether or not an application has been made, if the Subscriber becomes insolvent to its creditors. D) If the Subscriber permits himself / herself to carry out operations that may result in the risk of the provision of Electronic Communications Services. E) If the License for any reason is revoked, terminated, canceled, modified in whole or in part. F) If the Connection causes technical problems to operate the Telecommunication Network or telecommunications networks of other Providers.
7 SUBSCRIPTION CHARGES - PAYMENTS
7.1. All Services and Products are prepaid Electronic Communications Services and Products, the Subscriber pre-purchases services or the products provided with a fixed charge or fixed charge and a one-time charge. Prepay means a pre-purchase of variable billing units that are consumed at the time of the end of each call and whose value is set per call equal to the billing per second of the destination being called. H and the beginning of the prepaid fixed service or any one-time billing. The number of billing units consumed for each call is equal to the number of seconds of its duration. The charge for a call may also depend on other parameters (indicative and non-limiting: call initiation call specified by the caller for instances of increased billing or multimedia information, rounding, etc.) which are in any case explicitly mentioned in the applicable Pricelist the companies.
7.2. The Company reserves the right to adjust the Pricing List in force if this is implied, but not limited to, the economic conditions of the telecommunications market, the cost of providing the Services to the Subscriber, inflation, and the rules of fair competition or other circumstances which make it unnecessary to change the current Pricelist. Any change in the Pricelist prices which entails a higher pecuniary charge for the Subscriber than previously applicable (except in the event of a change in the Pricelist due to the addition of invoices for new services or in cases of tariff increases for services not subscribed by the Subscriber hereunder) shall enter into force only if the Subscriber has been informed at least fifteen (15) days before its application through the above Website of the Company with communication at a visible point thereof and by reference to an obvious point of the printed or electronic account, depending on the individual way of sending it to the Subscriber, or in any case in exactly the same way as the Subscriber is informed about debiting the account or even by sending an e-mail to the address that the Subscriber has declared to the Company as an email address so that in any case the timely provision of the above information his or her own. The subscriber is entitled within the above one (1) month period to oppose by any appropriate means the above change of the Price List and to terminate the existing contract between him / her and the Company. Upon expiry of the above one-month period, the Company is entitled to apply the relevant change to its Pricelist, assuming the subscriber's consent.
7.3. Especially for the readjustments of (a) foreign telephony tariffs and (b) national calls to destinations of various geographic numbers and mobile numbers (for example, short codes, multimedia information numbers, increased billing numbers) the Company's obligation to inform the Subscribers by other means prior to the application of the new charges, except for the obligation to publish the readjustments (a) on the Company's website and (b) in the Detailed Pricelist of Destination and Additions to these categories are additionally exempted from the Company's obligation to allow one (1) month from the publication of the updates until their application to the Subscriber's pricing.
7.4. Prepay account credits are made in the following ways: Funds or via web-banking or automated trading machines at the following banks:
BANK PIRAEUS - IBAN: GR66 0171 7490 0067 4912 8543 221
ALPHA BANK - IBAN: GR97 0140 1030 1030 0233 0000 234
7.5. The Subscriber will review its billing and will check the credit and debit entries shown thereon on the Company's website in its scouting profile where it has access to all its account traffic and will notify the Company in writing of any omission or error of a charge. After ninety (90) days from the date of charging your account without any objection by the Subscriber, it is agreed that the charge is considered accurate and that the Company has been charged correctly and constitutes a legal instrument and document within the meaning of the the full proof of the Subscriber's debt for the full amount mentioned, of a permitted refund.
7.6. The Company is entitled to unilaterally suspend the provision of Telecommunication Services to the Subscriber due to a lack of prepaid balance of its account.
7.7. In case of transferring the Connection to another provider at the Subscriber's request, the Subscriber will be charged for the provision of the Electronic Communications Services by the Company until the time the line is transferred to the selected provider.
7.8. It is expressly acknowledged and acknowledged that the Company is entitled to a unilateral right under which the Company, at its reasonable discretion, determines a subscriber's credit limit for the making of telephone calls held by the Company or as a whole for all services received from the Subscriber. Upon its expiration, the Company is entitled to issue the relevant tax element, as well as to temporarily suspend the provision of the Service until it is repaid.
7.9. In the context of this Agreement, the Subscriber may receive services that charge a fee for a specified period of time. In the event that the closing date for the period for which the relevant fee has been paid, and while this Agreement is in force, the Company may proceed automatically to renew the service for a corresponding period by charging the Subscriber's account after its registration of which the balance of the Subscriber's account may exceed the credit limit as defined in paragraph 7.8. The amount of the charge is determined by the current Price List of the Company. In the event that the expiration of the period for which the corresponding fee for one or more services is paid coincides with the date of the contractual termination of this Agreement, both the Contract and these services will be renewed automatically and simultaneously on the basis of the current and paragraph 6.2.
8 SECURITY OF COMMUNICATIONS - PROTECTION OF PERSONAL DATA - COPYRIGHT
8.1. The Company takes all reasonable steps to protect the privacy of the Subscriber's communications and the information and data transmitted. However, the Company does not guarantee the security of data transmitted through third-party networks.
8.2. The Company declares that any removal of the Subscriber's communications is permitted only if and to the extent that it is required to fulfill its obligation in accordance with the applicable law. In particular, the Company complies, as the law so prescribes, with the content of a Prosecution Order, a court or administrative decision without prior notice to the Subscriber. For the purpose of this Agreement, the Company maintains and processes personal data of the Subscriber.
8.3. The Company maintains the above personal data by using security procedures and providing the highest possible security and confidentiality to the Subscriber's personal data. The Subscriber has the right to be informed of his personal data held by the Company and the right to object and correct this data in accordance with the applicable data protection legislation and in particular Articles 11 to 13 of Law 2472/1997.
8.4. The recipients of the data are the Company and its personnel, as well as any legal or natural person to whom the Company is obliged or entitled to disclose the data on the Subscriber's consent, law, court or public prosecutor's orders or provisions, or in general orders or orders. In addition, the Company declares and the Subscriber accepts that, in connection with the interconnection of its network with other operators' telecommunication networks for the provision of interconnection services, the transmission of such personal data is required even if it has been requested to conceal it. These data will be transmitted to the telecommunication operators solely for the costing of the services provided and for compliance with provisions of the existing legislation and regulatory decisions in force. The Company also declares and the Subscriber accepts that data collection is required for the collection of accounts. These data will be passed on to the collecting agents solely for the collection of the Subscriber's accounts.
8.5. The Subscriber is entitled at any time to request in writing that the last three (3) digits of the numbers dialed should be hidden in the itemized account if he has chosen to receive it. If the use of Electronic Communications Services is made by more than one user in a way that does not violate the Company's Policy of Proper Use, the Subscriber is promising and warranting by the present that the users have been informed that the Subscriber will receive an analysis of the account per call and for all other personal data processing devices subscribed by the Subscriber hereto.
8.6. The Subscriber shall inform any other person of the use of the services received by the former that are governed by the terms of the Agreement with respect to the processing of personal data arising from the use (including, for purposes of labeling and without limitation, account) and the communications privacy policy. The Company has no liability for any violation of the privacy of communications or personal data arising from the use of the Services received by the Subscriber from third parties.
9 LIABILITY AGAINST SUBSCRIBERS
9.1. If the availability of the Services is interrupted for the sole reason of the Company's fault, and in particular if the System fails to provide Services to any Subscriber for a continuous period of more than two (2) hours and fifteen (15) minutes or for a period exceeding six (6) hours in any continuous period of thirty (30) days, subject to Clauses 11.1 and 11.2 of occurrence of blatant or force majeure, the Company will credit the Subscribers with the portion of the payment Fixed-mentioned of these annual fee, which corresponds to the time period of interruption.
9.2. In addition to the above, the Subscriber shall be entitled to submit a reasoned written request to the Customer Service Department if he considers that the Company's obligations towards it are incomplete. If the Company confirms the truth of its claims on the basis of the recorded technical data, it shall reimburse the fees paid.
10 CUSTOMER SERVICE - EMERGENCY SERVICE - ARTICLE 11 REGISTER
10.1. The Company maintains and processes subscriber lists available to the public or obtainable through directory inquiry services for the telephone numbers it assigns to its subscribers or provides to Directory Providers of Directory Services through the Universal Service.
10.2. The Subscriber, if so selected, and subject to the provisions on the protection of personal data and the confidentiality of communications, shall be listed in the above directories with the following information on the basis of his or her application or part thereof, at his choice: telephone number, , a surname (for natural persons) or a name (for legal persons) and address.
10.3. Subscribing Subscriber's personal information to subscribers printed or electronic telephone directories implies the Subscriber's consent to the transmission of his or her personal data to third parties and the further processing thereof in the context of further search-based use / processing capabilities, first name or brand name and reverse search function, search criteria for the phone number.
10.4. The Subscriber may declare herewith and at any time during this execution by completing and sending to the Company the special form "Change of Preferences for Processing of Personal Data", its preferences for the processing of his personal data including: the registration or not of the his or her links to phone directories, the inclusion of the address details of these links to them or not, whether or not to transmit his name and surname to the service Emergency 112 in case of requesting exemption from publication in telephone directories, the preference for issuing a detailed or summary account, the option to conceal or not the last three digits of the called numbers in the case of the issuance of a detailed account and the inclusion or not of its links to the list of subscribers who have declared they do not want to accept calls for direct promotion of products or services. It is noted that for cases where compliance with Subscriber's preferences involves third parties, the Company's liability is limited to the accurate transmission of such preferences as applicable to the Subscriber on the basis of the Application and the changes it has requested in the above described procedure the previous working day of the request of these persons for the transmission of the data. Under no circumstances may the Company be held responsible for errors or omissions in completing Forms setting out the Subscriber's personal data processing preferences or the inability of such third parties to comply with these preferences.
10.5. The Company, in accordance with the ADR Emergency Ordinance Act, in any case calls to the Single European Emergency Number 112, will neutralize any hiding of a calling subscriber number and will notify the General Secretariat for Civil Protection at its request: The Subscriber's declared address, regardless of whether the connection is reportable or not, and / or any additional directory information depending on the Subscriber's choices for the announcement of its connection data.
10.6. The Company maintains a special directory of telephone connections for which the holders have indicated through the Application or the Personal Data Processing Preference Form in paragraph 10.4 that they do not wish to accept calls for direct promotion of products or services in accordance with Article 11 of Law 3471/2006. The Subscriber accepts the transmission of these data (including its telephone numbers only and its desire to exclude from telecommunications campaigns) from the Company to third parties solely for the purpose of complying with the applicable law for unsolicited communication. The Company may in no way be held responsible for the compliance or non-compliance of such third parties with the Subscriber's preferences or for the use of which the data transferred for this purpose by third parties. The liability of the Company is limited to the accurate transmission of these preferences in accordance with paragraph 10.4.
11 FAILURE TO COMPLY WITH TERMS - MAJOR VIOLENCE
11.1. The Company has no responsibility for failure to comply or failure to comply with the present conditions when it is due to force majeure or otherwise, other than the sphere of influence of the Company, such as, for example, wars, strikes, accidents, earthquakes, floods, fires, storms, or other natural phenomena, acts of terrorism, sabotage, government bans, acts of Greek or Community or other authorities, trade exclusion, interruption or damage to the public telecommunication network or to third party electronic networks (particularly if the use of the Service in a location other than that indicated by the Subscriber as a permanent address, replacement of the copper network, malfunctions or malfunctions or misuse / error customization of the Subscriber terminal equipment, etc.
11.2. The Company is not responsible for the quality, adequacy and security of third party networks that are necessarily used to provide its services.
12 FINAL PROVISIONS
12.1. Invalidity of any of the terms or conditions shall not invalidate the Agreement and the other terms shall remain in force and shall give full effect to their legal effects. The parties will make every effort to replace any invalid terms with valid as close as possible content.
12.2. Individual services governed by this Agreement may be accompanied by additional terms of use, which are an integral part of the present and which (if any) are posted on the Company's website.
12.3. The Company reserves the right to modify, add to, abolish the terms of this Agreement and enter into force only if the Subscriber has been informed at least one (1) month prior to its application through the above Web Site by a notice at a distinct point as well as by reference to an obvious point of the printed or electronic account, depending on the individual way of sending it to the Subscriber, or in any case in exactly the same way as the Subscriber informs century for the issuance of monthly bill, or even by sending email to the address that the Customer has indicated to the Company as an email address, so that in each case to ensure the prompt in the above information. The Subscriber shall be entitled within that one (1) month period to object by any appropriate means to such addition, modification or termination of the terms of this Agreement and to terminate without undue delay the existing contract between the latter and the Company. Upon expiry of the above one-month period, the Company is entitled to apply the relevant addendum, amendment or termination of the terms of this Agreement, assuming the consent of the Subscriber. In this case, the Subscriber is entitled, within one (1) month of notification or publication, to withdraw from this notice without notice by written notice to the Company, otherwise the non-termination is tacit acceptance of the changes. this last right of the Subscriber is suspended if the modifications are imposed by law or regulation or decision of EETT or other competent Authority.
12.4. It is expressly acknowledged that the Subscriber is not entitled to assign his claims and rights under this Agreement. The Company is entitled to assign to a natural or legal person the collection of amounts due by the Subscriber under the Contract.
12.5. This Agreement is governed by Greek law, the Decisions and Regulations of EETT, the AEEE & AIFFL which apply to electronic communications transactions and all relevant provisions in force. In order to resolve disputes arising out of the application / interpretation of this Convention, it is expressly agreed that all parties will in principle seek the out-of-court settlement of the dispute. In the event of failure to attempt any out-of-court settlement of the dispute and the parties being brought to judicial settlement, the courts of either the city where the Subscriber has his domicile or registered office or the Court of the place where this Convention was drawn up are competent. The language used for any service provided is Greek. This General Electronic Service Concession Agreement is an integral part of Subscriber's Application for Subscription and the latter expressly states that it has readily understood and fully understood each of the terms of this Agreement.
TOTALWARE IKE
3td SEPTEMBER 30, 10432, OMONIA
ATHENS
GREECECommercial Register of the Local Court: GREECE.
VAT registration number: 800603488.