This agreement is made today between Kernel Consultants Ltd, a company which holds a license under the Regulation of Electronic Communications and Postal Services Law of 2004, as amended, based in Paralimni (hereinafter referred to as “the Company”) on the one hand and the subscriber whose particulars appear in the SPECIAL CONDITIONS FOR THE PROVISION OF SERVICES (hereinafter referred to as “the Special Conditions”) on the first page of this Agreement (hereinafter referred to as the “Subscriber”) on the other hand, whereby it is agreed as follows:
1. TERMS
Other Provider: means any legal or natural person other than the Company which provides electronic communication services.
OCECPR: means the Office of the Commissioner of Electronic Communications and Postal Regulation.
Network: means the network of the Company, which is used by the Company for the provision of services, including any infrastructure and/or any equipment, terminal points and/or cables which may be installed inside or outside the Subscriber’s premises.
Equipment: means the equipment listed in the Special Conditions and any additional equipment that the Company may supply to the Subscriber for the purpose of providing the Services.
Private Use: means entertainment, educational, informative purposes and any other purposes of personal nature, by which use reselling or making available for a fee to third parties is strictly prohibited.
Legislation: means any law of the Republic of Cyprus in force from time to time and includes every secondary legislation issued by virtue of it, including Decisions, Directions and Decrees of the OCECPR.
Installation Point: means the first point of provision of the Internet installation at the Premises or, where clause 3.6. of this Agreement applies.
Services: means the services generally provided by the Company in its scope of work, including without limitation, basic telecommunication services (such as VoIP, SIP and Broadband Internet), methods of payment (at the Company’s stores, through third parties, or electronically), printing and sending of bills for the services, itemized bills or statements regarding the use of services, support services for any of the services (either on the spot, via telephone, or remote access) and installation services and repairs of the Services.
Premises: means the house, apartment, business or any other place of residence of the Subscriber where the installation of the Services is made.
2. DURATION OF CONTRACT
2.1. Initial Term and Renewal This Agreement shall have an initial term of 12, 24, or 36 months, depending on the offer selected by the Customer as specified in the Special Conditions. At the end of the initial term, the Agreement will automatically renew for successive periods of 12 months each unless either party provides written notice of its intention not to renew with a minimum of thirty (30) days’ notice before the end of the current term.
2.2. Conditions and Fees for Renewal In the event of automatic renewal, the Customer agrees to be bound by the updated service fees and terms applicable at the time of renewal. It is the Customer’s responsibility to review the updated terms and fees on the Company’s website prior to renewal. The Company reserves the right to adjust fees and terms for the renewal period, which will be communicated to the Customer in advance
2.3. Termination During the Renewed Term If the Customer terminates the Agreement during a renewed term, any applicable early termination fees, as specified in the current pricing schedule, will apply
2.4. Notice Obligations To avoid automatic renewal, written notice must be provided to the other party with at least thirty (30) days’ notice before the end of the current term
3. INSTALLATION – ACTIVATION OF SERVICES
3.1. At the time of the signing of this Agreement or as soon as possible thereafter, the Subscriber is obliged to provide the Company with any document, authorization and consent, which is necessary in order to enable his lawful connection to the Network and the activation of the Services or any other documents which the Company may reasonably request at its discretion. Furthermore, the Subscriber is obliged to provide any guarantee, of a monetary or other nature, that the Company may request at its discretion. No work for the connection to the Network will begin before the fulfillment of all the above.
3.2. The Company is acting under a procedure which aims at the activation of the Service within thirty (30) working days of the provision or securing of all necessary and/or requested documents, authorizations, consents and guarantees. In the event of delay, the Company will notify the Subscriber, so that he may be aware of the progress of the installation process and of any problems. Further, in the event of unjustified delay, the Subscriber will be entitled to terminate this Agreement in writing, unless the delay is due to force majeure or the Subscriber is responsible for the delay.
3.3. The Company has the right not to connect the Subscriber to the Network and/or not to activate the Services in the following cases:
(a) in the event that it considers that the Subscriber is not creditworthy or that the Subscriber has failed to pay any amounts due to the Company which have become due and payable,
(b) in the event that the Company’s Network is not available or there are no available and appropriate resources to enable the Subscriber’s connection,
(c) in the event that, due to problematic infrastructure at the Premises, it is not possible to install the Services or ensure the level of quality required for the provision of the Services or there is a risk that the Company’s Network will suffer damages or problems, or
(d) for any other reasonable cause. In such a case the Company shall promptly inform the Subscriber and this Agreement shall be terminated automatically, without the Subscriber having any claim except for the return of any guarantee in accordance with the provisions of this Agreement.
3.4. In case of a submission of a portability application from any Other Provider (hereinafter “the Service Provider”) to the Company:
(a) At the time of the signing of this Agreement or as soon as possible thereafter, the Subscriber shall provide every document or authorization which is required to be provided to the Company in accordance with the Legislation in force at the time, for the purpose of being forwarded to the Service Provider in order to make the portability possible.
(b) The Subscriber will not terminate the telecommunication services provided by the Service Provider before the respective Services of the Company are activated.
(c) When the Company is informed by the Service Provider, the Company will inform the Subscriber of the date of activation and portability and will take all necessary measures for the portability of telecommunication services.
(d) The Company has no responsibility for any delay or any other problem which may occur in the process of portability, including failure of portability, which is caused by an act or omission of the Subscriber or the Service Provider.
(e) In the case of cancellation of the portability application by the Subscriber, the Company, without prejudice to any other rights it may have, shall be entitled to claim from the Subscriber any fees or other expenses incurred in the course of dealing with the application.
3.5. The Services will be connected and the equipment will be installed at the Installation Point. It is the obligation of the Subscriber to provide appropriate space for the connection and to ensure its safety, as well as to prepare the relevant space and to install the necessary infrastructure.
3.6. In the event of supply of a connection through wireless radio link, the Subscriber is fully responsible for the electrical wiring and the quality thereof from the main distribution panel to the Premises and for the wiring within the Premises. If existing conduit cannot be used, then permission from the subscriber must be given in order to drill access holes for the ethernet cable.
3.7. The Services of Fixed Wireless Broadband Access (through a wireless radio link) that are generally delivered via the Equipment, are delivered and tested on the PoE ethernet point. Any connection of the Equipment with the internal network of the Premises is the responsibility of the Subscriber.
4. PROVISION OF SERVICES
4.1. The Company is responsible for the smooth functioning of the Network and the proper provision of the Services and takes all necessary technical and administrative measures in order to safeguard the security of the Network and of the services at a level proportionate to the degree of risk, taking into account the cost of the implementation of these security systems and the latest technical capabilities. In the event that there is a risk of a breach in the Network security, the Company will inform the Subscriber of the said risk and all the possible ways to prevent it, including the relevant cost.
4.2. The Company complies with the quality standards, specifications and/or functions which are required under its license and/or the decisions, directives and other acts of OCECPR or any other provisions of the relevant laws and/or regulations.
4.3. The equipment is provisioned to be able to achieve the nominal speed of broadband access Services, however, the Company does not guarantee to the Subscriber the achievement of any particular speed, as this typically depends on the circumstances at the time of access and possibly on technical parameters which are beyond the control of the Company.
4.4. The Company has no responsibility for the quality, efficiency, security and general operation of networks and services of Other Providers. Consequently, the Company shall not be liable for any problems in relation to the quality, efficiency, security and operation of the Services when they are also dependent on the networks of Other Providers. More specifically, without limitation, the Company is not responsible for the quality of telephone calls (incoming or outgoing), to the extent that the call originates from another network or terminates to another network. The above apply, by analogy, to the e-mail and broadband access services also.
4.5. The Company has no responsibility in the event that any of the Subscriber’s equipment does not work due to incompatibility or for any damage which may be caused to it. The Subscriber is responsible for any damage suffered by the Company in the case where such equipment causes damage to the Network or the Equipment or affects the provision and/or quality of the Services.
4.6. The Company has the right to monitor and control the volume of data transmitted through the broadband access Services. If the subscriber exceeds the current permissible limits of use which apply to broadband access Services (or when these have not been specified in this Agreement, reasonable usage limits that can be set by the Company in its sole discretion) the Company will have the right to interrupt, suspend and/or reduce the broadband access Services or readjust them to a different speed for as long as it deems necessary at its absolute discretion.
4.7. The Company will take all reasonable necessary steps to repair any damage and/or malfunctioning of the Services caused by the Network or the Equipment. The Company is not responsible for any other damage and/or malfunctioning, including without limitation, damage and/or malfunctioning which is due to the networks of Other Providers or the equipment of the Subscriber or any acts or omissions of the Subscriber.
4.8. The Company may, stop or alter the Services, temporarily or permanently, for reasons which aim at ensuring the functionality and/or integrity and/or the provision of services, the protection of data transmitted or stored in the Network and the confidentiality of any such data and the protection of privacy. The Company shall, whenever practically possible, give prior notice to the Subscriber of any plans to stop or alter the Services.
4.9. The Services are provided strictly and solely for Private Use and they shall be used only by the Subscriber or by persons residing with the Subscriber in the Premises. The direct or indirect supply or resale of services to third parties is prohibited.
4.10. The Company is not responsible for any failure or difficulty in the use of the Services which is due to the unsuitability or incompatibility of the terminal or other equipment of the Subscriber and is not responsible for any replacement, maintenance or upgrading of such equipment.
4.11. Broadband access services are generally provided, unless otherwise stated in the Special Conditions, without a fixed or public Internet Protocol (IP) address.
4.12. Subject to any obligation deriving from Legislation, the Company does not guarantee that the Services will be uninterrupted, on time, secure and/or without any problems.
4.13. The Company examines complaints or requests submitted in writing by the Subscriber in repair of any damage or other matters related to the Services, within a reasonable time of their submission and if, after exhausting all of the Company’s procedures for settling the complaint or request, the Subscriber still has a complaint, then he may refer the matter to the CECPR to be resolved according to the Legislation.
5. SUBSCRIBER OBLIGATIONS
5.1. The Subscriber warrants the truth and accuracy of the information which he provides to the Company at any time and is obliged to notify the Company in writing of any change in the information provided within five (5) working days of the change.
5.2. The Subscriber is obliged to use the Services in accordance with the Legislation in force from time to time, good faith and commercial practice and ethical conduct and is prohibited from using the Services in a way that causes problems or obstacles to the provision of services by the Company to other persons and/or to the use of the services, including the level of quality thereof, by any other subscriber.
5.3. The Subscriber is obliged to permit authorized persons of the Company to enter the Premises and to allow them access to the electricity and telecommunications network which is installed there, for the purposes of connecting the Services, installing the Equipment, maintaining or repairing the Network or the Equipment or of any other acts related to the execution of this Agreement. The Subscriber is obliged to indicate to such authorized persons the exact location of the covered parts of any other installations (such as electricity, water, etc.) of the Premises or of the building in which the Premises are situated, in order to prevent damage to such installations and consequential loss. The Subscriber shall be responsible for the safety of these persons and must indicate to them any potential risks. The Subscriber must secure in time any third-party consent which is required for the said access and/or execution of the above-mentioned works and/or other acts.
5.4. The Subscriber is responsible and the Company bears no responsibility for the proper functioning of the internal network of the Premises after the Installation Point.
5.5. The Subscriber is not entitled to interfere or allow or tolerate the interference in any manner with the Network or Equipment, except as expressly provided in this Agreement.
5.6. The Subscriber must notify the Company of his intention to connect any specialized equipment (e.g. alarm, fax, POS, etc.) to the Network or the Equipment.
5.7. In case of breach of any obligation of the Subscriber under the terms of this Agreement, the Company, without prejudice to the right to terminate this Agreement or to its right to claim damages or to any other legal rights it may have, may suspend or temporarily disconnect the Services without any notice and the Subscriber will be obliged to pay any costs of disconnection, reactivation, reconnection and/or any other costs based on the official pricelist of the Company in force from time to time, depending on the circumstances.
5.8. The Subscriber will keep himself informed regularly on the General Terms and Conditions for the Provision of Services and the fees and charges, applicable from time to time, from the website www.cosmoswireless.net or from the points of sale of the Company.
5.9. The username and the corresponding password (hereinafter referred to as “the Password”) are issued strictly for personal use. The Subscriber must act carefully and take all security measures available, including the frequent change of the Password in order to prevent unauthorized use of the Password. In case of loss of the Password or of its use by a third party, without the consent of the Subscriber, the Subscriber must immediately notify the Company in writing. The Company takes no responsibility for any security breach or violation or loss of email messages that results from the improper use of the email by the Subscriber.
5.10. The Subscriber declares responsibly that, in the event that he receives detailed billing for the telephone Services, he shall inform all persons who reside in the Premises and who use the Services, of this fact and he will indemnify the Company for any damages which it may suffer as a result of his omission to do so.
5.11. The Subscriber will immediately notify the Company in the event that he ceases to be in possession of the Premises and this Agreement will be automatically terminated, without prejudice to the right of the Company to claim damages for early termination and/or of any other rights of the Company in accordance with the provisions of this Agreement and/or the Legislation.
5.12. The Subscriber shall immediately inform the Company as soon as he becomes aware of any disruption or failure or malfunctioning of the Services.
6. EQUIPMENT
6.1. The Company is the owner of the Equipment and shall continue to be so after its installation, unless otherwise specifically agreed in the Special Conditions or other agreement of supply of the Equipment that ownership of the Equipment is transferred to the Subscriber. At the time of the signing of this Agreement, or at a later stage, the Company will deliver to the Subscriber the Equipment and for the duration of this Agreement the Company shall give the right to the Subscriber to use the Equipment. The Subscriber shall be obliged to give to the Company access to the Equipment for any purpose related to the execution of this Agreement.
6.2. The Subscriber shall be liable for any damage, destruction or loss of the Equipment, even if it is due to causes outside the Subscriber’s control. Provided that the Subscriber shall not be liable for fair wear and tear or defective Equipment or for damage, destruction or loss which is due to any act or omission of the Company or its employees or representatives.
6.3. If it is established by the Company that the Equipment is defective, the Subscriber will be entitled to return the defective Equipment to the Company and the Company will deliver to the Subscriber other equivalent Equipment. It is clarified that the Subscriber is not entitled to any reduction to the agreed fees or charges for the inability to use the Services due to the defective Equipment.
6.4. During the period of this Agreement, the Subscriber is obliged:
(a) To use the Equipment only at the Installation Point within the Premises, in accordance with the relevant instructions of use.
(b) Not to interfere with the Equipment, including replacement with non-approved equipment by the Company, repairs, alterations or additions thereto and also not to allow or tolerate any such interference by any other person who is not an employee of the Company or a technician duly authorized by the Company.
(c) To keep the Equipment at a suitable place at the Installation Point.
(d) To immediately inform the Company in case of damage, destruction or loss of Equipment.
6.5. For the duration of this Agreement, the Company is obliged:
(a) To resolve any technical problems related to the operation of the Equipment.
(b) To repair the Equipment or replace it, at its own discretion, without charging the Subscriber when the Equipment is damaged, destroyed or lost due to fair wear and tear or due to its defectiveness or due to any act or omission of the Company or its employees or representatives. In all other cases, the Company will repair or replace the Equipment and charge the Subscriber. During the repair of the Equipment, the Subscriber is not entitled to any reduction in the agreed fees or charges.
6.6. In the event of expiration or earlier termination of the Agreement for any reason, the Subscriber shall immediately return the Equipment to the Company in the good condition in which he had received it, except fair wear and tear or damage for which he is not responsible as mentioned above. In the case of failure to return the Equipment or any part thereof, the Subscriber shall pay to the Company an amount equal to the purchase price of equivalent new equipment in accordance with the price list of the Company applicable from time to time.
6.7. If the equipment has wireless access, the Subscriber must use the available technical means to restrict access to authorized users only.
7. CHARGES AND PAYMENTS
7.1. The Subscriber declares that he has been informed of the fees and other charges relating to the services, which are applicable at the time of the signing hereof and that he agrees that the Company has the right to amend the said fees and charges during the period of this Agreement, subject to the provisions of the Legislation.
7.2. The fees and charges applicable at any time are published on the Company’s website www.cosmoswireless.net. The Subscriber may also obtain information about such fees and charges from the customer service center by dialing the number 77787800 and from the local branches of the Company.
7.3. The Company will issue an invoice and/or statement to the Subscriber on a monthly basis whereby it will charge in advance the monthly subscription for the following month as well as any fees for the Services, installation, repairs and any other charges under this Agreement related to the previous month. The Company will issue its first invoice in the month following the date of activation of the Services and will charge, together with the subscription for the following month, the subscription for any previous months, proportionately, if necessary, based on the number of days from the date of the installation of the Services.
7.4. In the case of omission by the Company to issue any invoice or other charge within the period specified in this Agreement, such invoice will be issued at a later stage when the Company becomes aware of its omission to issue it.
7.5. The Subscriber is responsible for the settlement of invoices and/or statements for the Services, even if the Services were not used or were used by a third party.
7.6. All invoices and/or statements will be paid by the payment date which is specified on them. Refusal or failure to pay any amount due or any part thereof by the date specified, gives the Company the right to temporarily suspend the Services or terminate this Agreement in accordance with the provisions of clause 13.4., at the Company’s discretion and without prejudice to any other legal rights it may have. Furthermore, it is agreed that the Company can impose interest on any overdue amount at a rate equal to the base rate of the European Central Bank plus 5% or 9% interest, whichever is higher, from the date any amount becomes payable until final payment.
7.7. In case of suspension of the provision of the Services, as mentioned above or for any other reason provided for in this Agreement, the Subscriber is obliged to pay all amounts due with interest plus any reactivation fee and to provide any monetary or other guarantee that may be required by the Company at its discretion in order to reactivate the provision of the Services. The Subscriber will not be eligible for any reduction of charges for Services due to their suspension.
7.8. The Company shall have the right to impose and/or adjust the fees and charges for its services whenever it wishes, irrespective of whether for any specific service there was a charge or not at the time of entering into this Agreement. The Company will notify the Subscriber of any such adjustment and of his/her right to terminate this Agreement in the case of increase of the fees or charges that affect him/her. The notice will be given either by publication in the press or on the Company’s website or in any other manner permitted by the Legislation, and, unless otherwise specified in the notice, the adjusted fees and/or charges shall become effective not less than thirty (30) days after such notice.
7.9. The Subscriber may challenge any invoice and/or statement and/or any part thereof in writing within ninety (90) days of its issuing. If the said period expires without the Subscriber challenging the invoice and/or statement in writing, the invoice and/or statement shall be deemed accurate and it may not be challenged by the Subscriber. The challenge of the invoice and/or statement or part thereof does not suspend the obligation of the Subscriber to pay it. A credit note will be issued by the Company, in the case that a mistake in the billing of the Subscriber is established. If the challenge is not accepted, the Company reserves the right to charge the Subscriber with the costs of the investigation thereof.
7.10. The Company has the right to set a credit limit for the Subscriber in relation to the making of telephone calls or for any other service amenable to such a limit, at its absolute discretion. When this limit is reached, the Company will be entitled to issue a relevant invoice and/or to temporarily suspend the provision of the relevant Services until the invoice is settled.
7.11. Any guarantee received by the Company when entering into or during the period of this Agreement or in the duration of this Agreement shall be returned to the Subscriber without interest
7.12. upon the termination of this Agreement, provided that the Subscriber has paid all amounts due, has returned the Equipment to the Company and has fulfilled all his obligations towards the Company. The Company will be entitled to deduct from the amount of the guarantee any amounts due by the Subscriber, including, without limitation, compensation for loss and/or damage to the Equipment and any other compensation due for breach of this Agreement.
7.13. If the Subscriber chooses to make a payment via credit card over the phone, an administration fee of €2.00 will apply. The Subscriber acknowledges and agrees to this charge at the time of making the payment.
8. CONFIDENTIALITY OF COMMUNICATIONS – PROTECTION OF PERSONAL INFORMATION
8.1. The Subscriber acknowledges that he has been made aware of the way in which his personal data is being dealt with and managed through the Company’s Personal Data Protection policy. The Subscriber declares that he is aware that the Company maintains a record of personal data and he expressly consents to the processing of his personal data for purposes relevant to or concerning the execution of this Agreement and the provision of the Services or any other legitimate purposes according to Regulation (EU) 2016/679 (GDPR) and the Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018 (Law 125(I)/2018 ), as amended from time to time.
8.2. The Company will take the appropriate technical and organizational measures required by the Legislation to ensure the confidentiality of any communication which is made through the Network and the Services, and also of the related traffic data. The Company will not intervene and/or will not allow the intervention in the Subscriber’s communications and the related traffic data without the consent of the Subscriber and of other relevant users, except in the circumstances provided by the Legislation and with the permission and/or order of the Court, where this is required. Provided that this provision does not affect any recording of any conversations, permitted under the Legislation and of the related traffic data which is permitted in the course of the legitimate business practice of the Company.
8.3. The Subscriber expressly consents that personal data, including, without limitation, traffic data, billing data and any other data related to the use of the Services, which is collected or held by the Company and concerns the Subscriber, be held and used by the Company for the smooth operation and for the carrying out of its activities and duties as a provider of electronic communication services. The Company undertakes to hold and process such data subject to the provisions of the Legislation and to the provisions of this Agreement.
8.4. The Subscriber expressly consents that, in the course of the interconnection of the Network with the telecommunication networks of Other Providers for the provision of interconnection services, the Company transmit, to the Other Providers referred to above, telecommunication particulars concerning the Subscriber, exclusively for the purpose of the costing of the services provided even if its concealment has been requested.
8.5. The Subscriber will receive a non-analytical account of telephone calls. The Subscriber shall be entitled, at any time, to request in writing the provision of an analytical account and the Company will send such an account, provided that, in the event that the Services are also used by other users, the Subscriber provides a written declaration that the said users have been kept informed that the Subscriber shall receive an analytical per telephone call account. The analytical account will not disclose the last three (3) digits of the dialed numbers, unless the Subscriber requests in writing the disclosure thereof and provides the Company with any consents or other documents required for this purpose by the Legislation. Any changes to the instructions as regard the type of account which will be sent must also be given in writing.
8.6. The Company may maintain telephone directories of its Subscribers and the data contained therein may be communicated through directories’ services or may be made directly or indirectly available to the public, subject to the provisions of the Legislation. The Subscriber may, if he so wishes, choose to be listed in such directories and the Company will list him using the personal information recorded in the Special Terms and Conditions. If the telephone directory is kept by any Other Provider, the Company shall transmit the relevant personal data of the Subscriber to the said Other Provider, exclusively for this purpose.
8.7. If the Subscriber has given his consent in the Special Terms and Conditions to receive informative material, the Company may use his personal data for the purposes of forwarding to him informative material concerning the commercial promotion of its services or for the provision of value-added services. In such a case, the Subscriber expressly consents to the processing of any data or information that is held by the Company concerning himself which may be used by and/or serve the Company for this purpose, provided that their processing is not prohibited by the Legislation.
8.8. The Subscriber agrees and expressly consents to the Company including him, at its absolute discretion, in any database of a credit rating company or of a company with similar objects, if he does not fulfill his financial obligations towards the Company under this Agreement.
9. PERSONAL DATA PROTECTION AND USER RIGHTS
9.1. Purpose and Scope: The Company will process personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Law 125(I)/2018 of the Republic of Cyprus. This includes collecting, storing, and using personal data solely for legitimate purposes, such as service provision, billing, and customer support
9.2. Types of Data Processed: The Company processes the following categories of data:
- Personal Identification Data: Name, address, contact information
- Traffic Data: Data related to the use of electronic communication services.
- Billing Data: Information required for invoicing and payment processing
9.3. User Rights: In accordance with GDPR, the Subscriber has the following rights regarding their personal data:
- Right of Access (Article 15 GDPR): The right to request access to personal data held by the Company
- Right to Rectification (Article 16 GDPR): The right to correct inaccurate or incomplete personal data.
- Right to Erasure (Article 17 GDPR): The right to request the deletion of personal data, unless required for legal or contractual obligations
- Right to Data Portability (Article 20 GDPR): The right to receive personal data in a structured, commonly used format and to transmit it to another controller
- Right to Restriction of Processing (Article 18 GDPR): The right to request the limitation of processing under certain circumstances
9.4. How to Exercise Rights: Subscribers can exercise their rights by submitting a written request to the Company via:
- Email: info@cosmoswireless.com.
- Postal Address: Grigori Afxentiou 83, Paralimni 5288, Cyprus
- Contact Form: Available on the Company’s website
Requests will be processed within one month from the date of receipt, as required by GDPR
9.5. Consent and Marketing: Personal data will be processed for marketing purposes only with the explicit consent of the Subscriber, which can be withdrawn at any time. Subscribers may opt-out of receiving promotional communications by contacting the Company or using the unsubscribe link in emails
9.6. Data Sharing: Personal data will only be shared with third parties for legitimate purposes, such as interconnection with other providers for service delivery or legal compliance. Any sharing will comply with the principles of necessity and proportionality
9.7. Data Security and Breach Notification:
- The Company will implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or misuse
- In case of a data breach, the Company will notify the affected Subscribers and relevant authorities as required by GDPR
9.8. Retention Policy: Personal data will be retained only for as long as necessary to fulfill contractual or legal obligations. After this period, data will be securely deleted or anonymized.
9.9. Complaints and Supervisory Authority: If Subscribers believe their data protection rights have been violated, they may file a complaint with the Company’s Data Protection Officer (DPO) or directly with the Office of the Commissioner for Personal Data Protection in Cyprus
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Anything which has been or will be inserted by the Company into its Network and which is the object of intellectual and/or industrial property rights, or is a trademark or a patent, is intended solely and exclusively for the personal use of the Subscriber under the terms of this Agreement.
10.2. Anything which is subject to a right referred to in paragraph 10.1., is and continues to be the property of the Company and/or of associates and/or third parties who have authorized its use by the Company and may not be reproduced, decompressed, copied, reissued, amended, announced, broadcast, translated, adapted, modified or altered in any other way or by any means and/or in any way by the Subscriber, except upon the receipt of the prior written permission of the Company given specifically for such purpose. If the Company provides the Subscriber with any software, the Subscriber will have a non-exclusive right to use it for the purpose and for the duration of the provision of the Services and has the duty to act always in accordance with the directions and instructions of the Company and the relevant Legislation.
11. FORCE MAJEURE
11.1. The Company will have no responsibility for any failure or delay in complying with the terms of this Agreement or of any one of them, when this is due to causes beyond its control, including, without limitation, force majeure, weather conditions, wars, strikes, accidents, terrorist acts, sabotage, governmental prohibitions, actions of any Cypriot, European Community or other Authorities, embargo, change, disruption or damage to the public fixed telecommunications network or to the telecommunications networks of third parties, court decisions, and generally any causes for which the Company is not responsible.
12. AMENDMENT OF THE TERMS OF THIS AGREEMENT
12.1. The Company reserves the right to amend this Agreement, including its General Terms and Conditions, for operational, legal, business, or compliance reasons. Any proposed amendments will take effect at least one (1) month after the Subscriber has been notified, unless otherwise required by applicable laws or regulations.
12.2. In cases where immediate amendments are necessary to comply with legislation, regulatory requirements, or decisions issued by competent authorities (such as the OCECPR or other regulatory bodies), the Company may implement such changes without prior notice. The Subscriber will be informed of these changes as soon as practicable.
12.3. Notification of proposed amendments will be provided via email, SMS, publication on the Company’s website, or through other means permitted by law, including announcements in the press or written correspondence
12.4. If the Subscriber does not accept the proposed amendments, they have the right to terminate this Agreement without penalty. To exercise this right, the Subscriber must provide written notice to the Company within fifteen (15) days of receiving the notification, provided there are no outstanding fees or obligations under the Agreement. Failure to notify the Company within this period will constitute acceptance of the amendments
12.5. The Subscriber acknowledges that minor adjustments or updates required for compliance with applicable laws or regulatory requirements may take immediate effect, as stipulated in paragraph 12.2
13. LIMITATION OF LIABILITY
13.1. The Company has not made nor is it implied that it has made any representations and has not given any guarantees of quality, merchantability, suitability for a particular purpose or otherwise in relation to the Services or in relation to any other service, except to the degree expressly provided in this Agreement.
13.2. The Company will bear no responsibility for any personal injury, damage to property, loss of profit or for any other direct or indirect damage that may be suffered by the Subscriber or any third person as a result of and/or in relation to the termination or suspension of the Services or the malfunctioning of the Services or the Equipment.
13.3. The Company will bear no responsibility for any personal injury, damage to property, loss of profit or for any other direct or indirect damage that may be suffered by the Subscriber or any third person as a result of and/or in relation to the negligent or improper execution of or omission to execute any term of this Agreement or any act or omission of the Company or its servants or agents which constitutes a breach of contract and/or a tort and/or a contravention of the Legislation.
13.4. Without prejudice to the generality of paragraphs 13.2 and 13.3 hereinabove, the Company shall not be liable for:
(a) the security, authenticity, accuracy or confidentiality and the suitability of the data received, sent or stored by the Subscriber from the Internet through the Services and/or the Network,
(b) any direct or indirect material or non-material damage which may be suffered by the Subscriber or any third party due to accessing the Internet, through the Services and/or the Network,
(c) any disputes which may arise between the Subscriber and other subscribers or third parties and which are due to messages, data, or information circulating through the Network or the Internet,
(d) any advertisement, products, services, programs or other material or information or generally anything which is made available or is received through the Services,
(e) possible use of the Services by the Subscriber in a way that is offensive, abusive, dishonest, indecent, harassing or in a manner contrary to morality and/or the Legislation or
(f) any direct or indirect material or non-material damage which may be suffered by the Subscriber due to the loss of data which is stored on the transmitters, servers or computers of the Company.
14. TERMINATION – SUSPENSION/TEMPORARY DISCONNECTION OF SERVICES
14.1. This Agreement is terminated immediately and without any notice, in the event that the Company terminates, for any reason, the provision of the Services or any of the services, which constitute the subject matter of this Agreement, without the Subscriber having any claim except as regards the return of any guarantee in accordance with the provisions of this Agreement.
14.2. After the expiry of the period specified in paragraph 2.1 of this Agreement and without effect to the right of termination specified in the said clause, each Party will be entitled to terminate this Agreement at any time, by giving at least thirty (30) days written notice to the other Party.
14.3. In case of breach of any term of this Agreement, the innocent party will have the right to terminate this Agreement by notifying the guilty party in writing, setting a deadline of twenty (20) days for compliance. The guilty party must cease the breach, rectify the consequences of its actions and comply immediately with its obligations within the set deadline and inform accordingly the innocent party in writing. If the guilty party does not perform all the actions mentioned above, this Agreement will be automatically terminated upon the expiry of the deadline without any further notice being required. In case of repetition of the breach of this Agreement for which notice had been given already by the same party, the innocent party may give to the guilty party written notice of termination with immediate effect.
14.4. In the case of refusal, omission or delay of the payment of any amount due by the Subscriber for a period of thirty (30) days from the date it becomes payable, the Company shall have the right to terminate this Agreement without notice and the provisions of paragraph 13.3 will not apply in this case.
14.5. In the event of expiration or prior termination of this Agreement for any reason, the Subscriber is obliged to pay the disconnection fee on the basis of the price list of the Company applicable at the time.
14.6. The Company may, without any prior notice, suspend (deactivate) or temporarily disconnect the Services provided to the Subscriber, in the event of breach by him of any term of this Agreement, without prejudice to its right to terminate this Agreement and/or to claim damages and without prejudice to any other legal rights it may have. In the event of suspension or temporary disconnection of the Services, in order to reactivate or reconnect them, the Subscriber will be obliged to pay the reactivation or reconnection fee on the basis of the price list of the Company applicable at the time.
14.7. If the Subscriber has benefited from a free period (e.g., 2 or 3 months free) and decides to terminate the Agreement before the natural expiration of the agreed period (12, 24, or 36 months), the Subscriber shall be required to pay the Provider the amount corresponding to the free months enjoyed up to that point. Additionally, if the Subscriber received any discounts on their monthly subscription, they must pay back the total discounted amount for all months where the discount was applied. The total discount amount will be clearly itemized in the final invoice for transparency. If any additional equipment (such as an extra router or range extender) was provided as part of a promotional deal, the full retail value of this equipment must also be paid."
The Provider reserves the right to issue an invoice for the above-mentioned costs upon early termination, and the Subscriber shall settle the amount by the payment due date specified on the invoice. The Subscriber expressly acknowledges and agrees that these charges will be automatically processed via the Subscriber's direct debit order in the next billing cycle."
Prior to processing the direct debit for early termination fees, the Provider will notify the Subscriber in writing (via email or SMS) at least 7 days in advance. If the direct debit transaction fails due to insufficient funds or any other reason, the Subscriber remains fully responsible for settling the outstanding balance within 14 days. Failure to do so may result in further legal action for debt recovery.
15. ASSIGNMENT OF RIGHTS
15.1. The Company is entitled to assign its rights and/or obligations under this Agreement to any other person.
15.2. The Subscriber is not entitled to assign any of his rights and/or obligations under this Agreement.
16. DISPUTE RESOLUTION – APPLICABLE LAW
16.1. Amicable Resolution The parties are obliged to exercise, in good faith, every possible effort to resolve any dispute arising in relation to this Agreement.
• If an amicable resolution cannot be reached within thirty (30) days, either party may refer the dispute to further resolution procedures as outlined below.
16.2. Dispute Resolution Procedures
• The parties may submit the dispute to the Commissioner of Electronic Communications and Postal Regulation for mediation, in accordance with Law No.112(I)/2004, as amended or substituted from time to time.
• Alternatively, unresolved disputes may be escalated to arbitration, provided such arbitration is governed by Cypriot law and conducted in English or Greek, as chosen by the Company. Arbitration procedures, if initiated, shall be agreed upon by both parties or decided at the discretion of the Company
16.3. Jurisdiction and Governing Law
• Subject to the dispute resolution powers of the Commissioner of Electronic Communications and Postal Regulation, the parties submit to the exclusive jurisdiction of the competent courts of the Republic of Cyprus for the resolution of any dispute which may arise.
• The Subscriber waives any rights to raise disputes or claims in jurisdictions outside Cyprus.
• The terms of this Agreement are governed by and interpreted in accordance with the laws of the Republic of Cyprus
16.4. Legal Costs 4.1. The Subscriber agrees that all costs incurred by the Company in relation to arbitration or legal proceedings, including attorney fees and court costs, shall be recoverable from the Subscriber if the dispute is resolved in the Company’s favor.
17. NOTIFICATIONS
17.1. Except where otherwise provided by this Agreement, every notice by the Company to the Subscriber will be sent to the Subscriber by post or by e-mail or fax. The notice will be sent to the last known address or e-mail address or fax number which the Subscriber has given or notified in writing to the Company.
17.2. Provided that, notwithstanding the above methods of notification, the Company may also notify the Subscriber in any other suitable manner, including the publication of the posting of a notice on its website, the publication of an announcement in the press or through media advertisements, so long as the method is not prohibited by the Legislation.
17.3. Except where otherwise provided by this Agreement, every notice by the Subscriber to the Company will be given in writing and shall bear his signature and will be sent to the Company by post or fax.
17.4. The Company will use the Greek and English languages in the notices it gives to the Subscriber pursuant to this Agreement and it is not obliged, under any circumstances, to use any other language.
18. VARIOUS PROVISIONS
18.1. In the event that any provision of this Agreement is considered as null and void or illegal, the remainder of the Agreement shall remain in force and the parties will use all efforts in order to substitute the said provision with a new valid provision of a similar content so far as possible, so that the initial meaning of the term which is being substituted shall remain as close as possible to the initial intention of the parties.
18.2. In the event of failure by either party to exercise any of his rights or remedies arising under any term of this Agreement, either by choice or for any other reason, the affected party reserves the right to exercise any such rights or remedies at any later stage. Also, any failure to exercise such rights or remedies in any particular case, either by choice or for any other reason, does not mean that the affected party will act in the same manner in future and does not waive in any way the said right or remedy.
18.3. References to the word “person” in this Agreement refer to both natural and legal persons.
19. SPECIAL OFFER AMENDMENT
19.1. Special offers are only valid for limited time periods specified in the advertisement.
19.2. The free installation offer is valid for new and existing customers of the Internet service provided they commit to maintain the Internet service for the entire duration of the contract from the connection date.
19.3. In case of termination or transfer (in case of a transfer, a transfer fee is applicable) to another customer of the Internet service before the end of the above-mentioned commitment period (12, 24 or 36 months), the customers shall be obliged to pay to Cosmos Wireless the relevant amount of the home installation fee* which shall apply on the date of termination or transfer of the service. (There is also a business installation fee** which may apply)
19.4. after the end of the contract period, the contract will be automatically renewed for another 12 months.
19.5. Cosmos Wireless reserves the right to amend the present terms.
19.6. The Internet service is subject to the General Agreement and the Special Terms of the Internet service.
19.7. Any promotional offers that include free periods or free installations are conditional upon the Subscriber honoring the minimum commitment period (12, 24, or 36 months). Early termination of the Agreement will result in the penalties described in Clause 14.7.
Comprehensive Summary
1. General Terms and Conditions
• Scope and Applicability: The agreement outlines the terms under which Kernel Consultants Ltd provides services, including broadband internet, VoIP, and related support services.
• Subscriber Obligations: Subscribers must provide accurate information, maintain equipment, and use services responsibly without resale.
• Service Activation and Installation: Subscribers are responsible for ensuring site readiness for installations. The company guarantees activation within 30 working days, barring force majeure or subscriber-caused delays.
• Charges and Payments: Fees are due monthly, with penalties for late payments. The company reserves the right to adjust fees with notice.
• Privacy and Data Protection: GDPR-compliant policies govern data collection, usage, and retention. Subscribers have rights including access, rectification, and deletion.
• Termination and Renewal: The agreement renews automatically unless terminated with notice. Early termination fees may apply.
2. Dispute Resolution
Disputes are resolved in Cypriot courts. Arbitration may be pursued at the company’s discretion.
3. Equipment Ownership and Responsibility
The company retains ownership of the provided equipment unless explicitly transferred. Subscribers are liable for damage or loss.
4. Liability and Indemnity
The company limits liability for service interruptions or equipment failures unless caused by gross negligence.
5. Force Majeure
Events outside the company's control, such as natural disasters or government actions, exempt it from liability.
Glossary
• Agreement: A legally binding contract between the subscriber and the company.
• GDPR: General Data Protection Regulation, governing personal data use and protection in the EU.
• Force Majeure: Events beyond control, such as natural disasters, exempting liability.
• Termination: Ending the agreement before its natural expiration.
• Subscriber: The individual or entity receiving services under the agreement.
• Installation Point: The physical location where the service equipment is installed.
*Internet Home installation fee €145,00
**Internet Business installation fee €175,00