GENERAL TERMS OF PROVISION OF ELECTRONIC COMMUNICATIONS SERVICES
Between the company with the name “Hellenic Cable Networks Ltd.” and the distinctive title “HCN.”, headquartered in Kalamaria, Thessaloniki, I. Pasalidi Street 90-92, with VAT number 800320403, Tax Office of Kalamaria (Company Registration No. 115814704000) (hereinafter “the Company”) and the Subscriber with the details provided in the subscriber agreement of HCN (hereinafter “the Subscriber”), the following terms have been agreed upon and mutually accepted:
1. DEFINITIONS
The following words and phrases used in this agreement shall have the following meanings:
License: It refers to the General License for the provision of electronic communication services and activities granted to and held by the Company by the EETT.
Application: The application for the provision of services, signed by the Customer or by a person authorized by them, accompanied by the necessary documents and paperwork requested by the Company.
EETT: National Telecommunications and Post Commission.
Equipment: The terminal equipment of the Company provided to the Customer for the purpose of final connection. The Equipment is certified according to Greek and/or EU legislation and is suitable for access to Electronic Communication Services. The Equipment remains the property of the Company throughout the contract’s duration and must be returned to the Company immediately once the contract is terminated for any reason.
Subscriber: The service is provided exclusively and only for personal use by the subscriber. The subscriber is prohibited from subletting, reselling, or otherwise commercially exploiting the service.
Contract: Signed on the day of the final connection and includes the General Terms and their annexes.
System: The system for providing Electronic Communication Services installed and operated by the Company according to the License.
Telecommunication Network: The Company’s telecommunications network and its infrastructure, which is used by the Company to provide Electronic Communication Services.
HCN Telecommunication Connection: The direct connection to the Company’s network for the provision of Electronic Communication Services.
Price List: The price list for the Electronic Communication Services provided by the System, the Company’s products, or other services related to the System, which may be issued periodically by the Company, and subject to the Company’s right to set, impose, and change fees for all services provided by the System and its products. The applicable Price List is attached to the contract and is an integral part of it. All additional charges are posted on the website www.hcn.gr.
Electronic Communication Services: Fixed-line telephony (voice) and/or broadband access (data and content) services – internet access and/or access to third-party video and audiovisual content, as per the product chosen by the Customer in the Application (according to Section 2.4 herein) and provided by the Company under this agreement.
2. ACTIVATION PROCEDURE OF ELECTRONIC COMMUNICATIONS SERVICES
2.1. The Customer submits an Expression of Interest Application and then signs the Contract for the provision of Electronic Communication Services on the day of the final connection. The Company has the right to request documents verifying the Customer’s identity, home address, VAT number, and any other document necessary for the proper execution of this agreement. The Company reserves the right not to activate the Contract if, in its judgment, the Customer is insolvent, if the Customer has unpaid overdue accounts, or for any other reasonable cause, notifying the Customer of its decision.
2.2. The Customer is also required to provide any necessary documentation and sign documents or authorizations to the Company addressed to third-party authorities/organizations, whose signatures are required for transmitting the documents so that the activation of the Electronic Communication Services can occur. Regarding the installation and activation process, after the potential customer’s application and after verifying availability by the appropriate department, the Company contacts the potential customer to inform them about the estimated implementation time. Fiber optic network installation is independent of third-party provider networks, ending at the customer’s apartment/office, and in some cases requires authorization from the respective Municipality’s technical service for excavation work. HCN is not committed to a specific time frame for requesting an excavation permit from the responsible authorities or when the connection will take place. In locations where fiber optic network already exists, the connection is made within 20-30 working days after the potential customer’s application.
2.3. If the Customer and the Holder of the connection are different persons:
a) Electronic Communication Services will be provided only if the Holder of the connection has provided their identity details, signed and/or submitted the required documentation, and has requested and consented to the use of the connection by the Customer for the provision of Electronic Communication Services by the Company to the Customer, holding full responsibility (the Holder) for any inaccuracies in their information.
b) The Holder of the HCN Telecommunication Connection requests the Company’s consent and accepts that the Customer will use the Holder’s connection to receive the Electronic Communication Services,
c) the Customer accepts that they will be billed by the Company for the received Electronic Communication Services and for the fees related to the acquisition and maintenance of the HCN Telecommunication Connection on behalf of the Holder. The Holder, in exercising their rights as the Holder of the HCN Telecommunication Connection, is solely responsible to the Customer in case such rights prevent the Customer from receiving the Electronic Communication Services (e.g., interruption or transfer of the telecommunication connection). The Company is not liable to the Holder if the Customer fails to meet their obligations to the Company (e.g., non-payment of bills, leading to the interruption of the connection).
d) The Company is not liable for any illegal use of the HCN Telecommunication Connection or other provider’s connection by the Customer or for violation of the agreement between the Customer and the Holder regarding the use of the connection and the relevant equipment. Specifically, the Company is not responsible if the Customer acts beyond the authority of the holder or without authorization.
2.4. The Customer selects one of the available products of the Company in the Contract, which may include or combine the following Electronic Communication Services: broadband access (data and content) – internet access and/or fixed-line telephony (voice) and/or access to third-party video and audiovisual content. Detailed information about the Company’s products, their characteristics, and corresponding charges are available through the Company’s customer service department, service points, the Company’s website, and other informational materials.
2.5. For products that include access to third-party video and audiovisual content services, the Company provides the Customer, if requested with the signature of the contract or application, and for a fee as determined by the current price list on the HCN website (http://www.hcn.gr), access to free TV channels (analog and digital).
3. OBLIGATIONS OF THE COMPANY
3.1. Subject to the exclusions of the Company’s liability set forth in this contract, the Company ensures the proper operation of the Telecommunications Network and the adequate provision of Electronic Communication Services, taking every appropriate measure to secure the safety, integrity, and functionality of the network within its control, complying with relevant Regulations and Decisions of EETT or other provisions of the law and its delegated acts that impose stricter or additional obligations on service quality. The Company may temporarily deactivate or interrupt the provision of Electronic Communication Services for network maintenance. If postponing and scheduling the maintenance work is feasible, customers will be notified via email or announcements on the Company’s social media or other appropriate means.
3.2. The Company has no liability for the quality, adequacy, and safety, or any malfunction of third-party telecommunications and/or other networks or for the routing of outgoing calls from the public fixed telephone network to the Telecommunications Network or for the termination of outgoing calls to the destination network. Specifically, the Company is not liable for the quality of the call (incoming or outgoing), where the call originates from another network or terminates in another network, and the quality depends on other networks. These terms also apply to the video service, email, and internet services.
3.3. In the event of faults or malfunctions of the Equipment, the Company undertakes to, at its sole discretion, either replace or repair it within a reasonable time frame, at no charge to the Customer, provided the faults or malfunctions are not due to improper or inadequate use by the Customer or the Customer’s fault.
3.4. The Company retains the right to temporarily disconnect the Customer’s access to the Telecommunications Network at random times to ensure the Customer’s security and the proper operation of the Network and its systems.
3.5. The Company must examine every request of the Customer regarding the Application, installation, initiation or termination, billing, service quality, and fault resolution within a reasonable time after the Customer’s notification. For faults, the line 2313250000 can be used at no charge when calling from an HCN line or with a local charge when calling from another fixed network. The Company implements procedures for the immediate examination of customer complaints, has organized a Dispute Resolution Department, and takes all necessary measures within a reasonable time to provide facilitation and assistance to the Customer for resolving issues related to the operation of the Telecommunications Network and Electronic Communication Services. The Company is not liable for the time required to repair faults that involve other third parties.
3.6. In the case of activating an HCN Telecommunication Connection, if the Holder does not request portability of their existing number, the calling number will be assigned by the Company. The Customer will be informed of the calling number by the Customer Service Department before the activation of the HCN Telecommunication Connection. If the Customer wishes to change the calling number or transfer it due to a change of address, they must pay the relevant fees according to the applicable price list.
3.7 The Company, at its discretion, has the right to request from the Customer the payment of a guarantee of any kind for the activation of this agreement or a fixed re-connection fee in the event of disconnection due to the Customer’s fault.
3.8 CONNECTION SPEEDS: HCN guarantees that the actual speed of the program is the same as the nominal speed regardless of the physical medium of connection (FTTH, DOCSIS). The Customer acknowledges that the speed may fluctuate, as it depends on conditions and technical parameters beyond the Company’s control, and cannot guarantee speeds outside its network. The Customer can check the speed of their connection through various speed testing websites (speedtest) recommended by our technical department. These tests should be done using a wired connection via Ethernet (IEEE 802.3); otherwise, the measured value will differ significantly from the actual speed as wireless connections are sensitive to factors such as devices and objects in the area or interference from neighboring networks, especially in densely populated urban centers. If more than one device is connected to the network and uses bandwidth, different download/upload speeds may be observed. The Customer acknowledges that the Company, in managing a problem report, provides access to the equipment (modem/router) solely for the purpose of managing the report, in accordance with applicable laws. If the Customer measures an actual speed lower than the nominal speed, they can contact HCN Customer Service (2313250000) for instructions on how to perform the measurement. If the actual speed measured is lower than the nominal speed due to the Company’s fault and the issue cannot be technically resolved, the Customer has the right to compensation as described below.
3.9 The Company is obliged to inform the Customer before signing the Application about the general terms, conditions, access, and use of the services provided, as determined by the Company, the duration of validity, ways of terminating the Agreement, the rules for using the Equipment, charges, system features, service quality, and coverage area.
3.10 Fiber Building – In cases such as the construction or total renovation of a building, HCN intends, after an inspection by its technician, to provide fiber optic cables to the building’s engineer for the creation of structured wiring to avoid future external installations. The cables must always be placed inside a conduit so that they can be replaced in case of damage or wear. The exclusive responsibility for the proper functioning of the fiber optic after installation at the physical level rests with the party responsible for its installation. Additionally, the cables provided by HCN (free of charge) are dedicated solely for use by HCN and cannot be used by another provider.
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer is solely responsible for the correct completion, accuracy, and correctness of the details provided in the Application and other necessary documents for activation.
4.2 The Customer must notify the Company in writing (via email to office@hcn.gr) within five working days of any changes to their details (personal or otherwise) that are included in the Application and/or have been communicated to the Company. Otherwise, any delivery will be deemed valid at the address listed in the Application, with the Company reserving the right to terminate the agreement immediately. In the case of a new Application for the provision of Electronic Communication Services, the Customer must go to the Company’s offices to collect the necessary Equipment. They must also sign a receipt document for the equipment, which must include the activation date. The Equipment remains the property of the Company for the duration of the Customer’s contract and must be returned as soon as the contract ends for any reason.
4.3 The Customer must, if required and in agreement with the Company, allow authorized representatives of the Company to enter their home and access the telecommunications network installed there to perform installation, maintenance, or repair work on the network and any other necessary actions to fulfill the Agreement. The Customer is responsible for obtaining the necessary prior consent from third parties for these activities, as well as their agreement for the installation of the Company’s termination box, in case third parties have the right to refuse such actions in the customer’s or a common area. The Customer must also ensure that the internal network (from the point where the telecom connection cable enters to the equipment installation area) is functioning properly. This part of the network belongs to the Customer (or the Connection Holder), who is fully responsible for repairing any faults in it.
4.4 The Customer is not entitled to intervene in any way in the Telecommunications Network or Equipment serving their connection and is fully responsible if such an intervention occurs.
4.5 Throughout the contract duration, the Customer is not permitted to complete calls to certain numbers, use certain number ranges, select or preselect carriers, or access broadband services through another provider if they have a Telecommunications Connection.
4.6 The Customer is obligated to use the Electronic Communication Services and Equipment properly, adhering to applicable laws, the terms of the Agreement, good practices, and the Company’s instructions as provided in the access systems to Electronic Communication Services, internet, and email services, or communicated to the Customer in any other way. In particular, the Customer must refrain from any intervention, alteration, tampering, or interference with the Electronic Communication Services or Equipment, as well as from obstructing the use of these Services by other customers of the Company. The Electronic Communication Services, including unlimited use rights for a fixed monthly fee, are intended exclusively for residential use and not for commercial purposes for compensation. Excessive or unnatural use, particularly when compared to the Customer’s typical usage or the average usage of a regular residential subscriber, entitles the Company to suspend the Services immediately, with prior notice to the Customer, and to reactivate them once the Customer agrees to comply fully with the terms. The Company also has the right to ask the Customer to pay for calls deemed excessive or unnatural.
4.7 If the Customer fails to comply with the terms of the Agreement, the Company has the right, at its discretion, to partially or fully suspend the service after notifying the Customer, in order to protect both the Company and its other customers from undesirable actions and consequences arising from the abuse of the services provided. Additionally, if the Company suffers any damages due to the Customer’s actions or omissions, the Customer is responsible for repairing such damages, and the Company reserves the right to take any necessary legal actions to uphold its rights.
4.8 The Customer is obligated to stay informed about the Company’s policies, applicable prices, and instructions for protecting telecommunications privacy via the Company’s website or sales points.
4.9 The Customer must inform the Company about the presence of any equipment (alarm, fax, POS, etc.) connected to the telephone line. The Company is not liable if this equipment is unsuitable for the provided connection according to the current legislation.
5. SPECIAL CUSTOMER OBLIGATIONS FOR INTERNET/IMAGE- AUDIOVISUAL CONTENT SERVICES
5.1 The Customer will receive INTERNET/IMAGE services according to the product chosen in the Application, as specified in Article 2.4, exclusively through the HCN Telecommunications Connection. The Company provides the Customer with special Equipment.
5.2 The Customer is responsible for the installation of the Equipment.
5.3 The username and password are provided for strictly personal use. The Customer must take proper care and security measures (e.g., frequent password changes, prohibiting third-party access) to prevent unauthorized use of their personal details online. In case of loss of the password or unauthorized use, the Customer must inform the Company in writing. Until the Company receives this notification, the Customer is solely responsible for any damage caused by illegal use of the Electronic Communication Services
5.4 If the Customer uses any equipment other than that provided by the Company, the Company assumes no responsibility for its compatibility with the systems or telecommunications network of the Company or any third parties, for installation, maintenance, activation, connection, or provision of Electronic Communication Services, or for any problems, faults, or issues related to the equipment.
5.5 Any misuse of the Electronic Communication Services by the Customer is strictly prohibited. Misuse includes attempting to steal another customer’s password, sending unsolicited emails (spamming), using the internet to obstruct its function, committing illegal acts such as distributing illegal, pirated, or pornographic material, and using another customer’s personal data without their consent. The Company may delete any content from its servers that violates the law, ethics, or the Agreement. Misuse by the Customer grants the Company the rights described in Article 4.7.
5.6 All laws related to wireless telegraphy and telecommunications apply to the use of Electronic Communication Services via the Equipment. Additionally, the Customer must: a) use the Equipment properly and according to the provided instructions, b) not use or allow third parties to use the Services for immoral or illegal purposes, c) comply with the Company’s guidelines for using the Services, and d) use only the provided Equipment for the System. Reselling or commercial exploitation of the Equipment and services is prohibited. The Equipment’s proper functioning is the responsibility of the manufacturer.
5.7 Access to adult content is the Customer’s responsibility, and the Company will provide a special access code for this purpose. The Company is not responsible if minors or unauthorized third parties access adult content. The Customer must protect minors from accessing such content.
5.8. The responsibility for ensuring the safe operation of the Equipment and the Customer’s or Owner’s network lies exclusively with them. The Company is not responsible for any damage caused by improper or negligent use of the Equipment. The sole responsibility for any related damages and expenses (including legal costs) arising as a result of the following, including but not limited to, lies exclusively with the manufacturer: a) injury or death of individuals, b) damage to any property and equipment in use, c) infringement of intellectual and/or industrial property rights, including related rights.
6. CONTRACT DURATION AND TERMINATION
6.1. The validity of the Agreement begins on the activation date of the Electronic Communications Services. The activation of the Electronic Communications Services depends on the Entity/Organization, which is obliged to act within the time frames set by the legislation. For this reason, the Company is not responsible for any delay on the part of the Entity/Organization regarding the activation of the Service. If, after installation, the interested party does not wish to connect despite the entire process being completed by the Company, the interested party will be charged the Activation/Installation Fee for the work done by the technician at their premises.
6.2. The Agreement is for a fixed term, lasting one month starting as above. Upon completion of the contractual duration, the Agreement automatically renews until the end of the month concerned, unless the Customer or the Company requests in writing not to renew it at least thirty (30) days before the contractual termination date. The Customer is responsible for the full payment of all charges arising from the provision of Electronic Communications Services until their final termination.
6.3. The Customer may terminate the Agreement before its expiration, without cause, after relevant written notification to the Company. In this case, the Customer is obliged to visit the HCN offices, sign the termination of the agreement, and return the Equipment that was provided by the Company (711). In any case of termination of the agreement by the Customer, they will be charged the full amount for the current month during which the contract is terminated, which corresponds to the provision of the Electronic Communications Services for the program or package they had selected in their Application.
6.4. If the Customer has submitted a portability request to another provider, the portability will be implemented within the deadlines set by the applicable EETT regulations, without affecting the Customer’s obligations towards the Company under article 6.3.
6.5. Upon the expiration of the Agreement (termination or cancellation in any manner), all claims from both parties become overdue and collectible, and the Customer is obliged to return the Equipment to the Company in good condition or in a condition justified by usual use and wear over time, otherwise, the Company has the right to charge the Customer the relevant cost. Any free provision of Equipment within the framework of the Company’s commercial policy constitutes a loan and not a free transfer of ownership.
6.6. If the Holder of the Connection is a person other than the Customer and submits a relevant written request to the Company for termination of this Agreement, it will be terminated in the same manner as described for the Customer, without requiring the Customer’s consent.
6.7. Subject to the provisions below, if the activation of the HCN Telecommunication Connection is technically impossible, the Company will immediately inform the Customer, and this Agreement will become void.
6.8. If, according to the applicable provisions, the conclusion of a distance contract for the Services provided by the Company is permitted, in case the Agreement is concluded remotely or outside a commercial store, the Customer has the right to withdraw from this Agreement within fourteen (14) calendar days from the receipt of this Agreement or within fourteen (14) calendar days from the activation of the requested Electronic Communications Services, provided that this Agreement is notified simultaneously with the activation of these services. Withdrawal is without penalty. The Customer will be charged only for the use of Electronic Communications Services until the final termination of the Services due to their withdrawal.
6.9. The Company, without prejudice to all other rights, may additionally terminate this Agreement immediately and without charge upon notification in any of the following cases: i. If the Customer fails to comply with any of these terms or any other terms of agreements between the Customer and the Company or its distributor, representative, or Partner, and such non-compliance constitutes an illegal act. In this case, the Company may seek any positive or compensatory damages incurred from the unlawful use of these services. ii. If the Customer fails to pay overdue debts immediately after the two-month deadline following temporary suspension and after the notification to the Customer of a relevant written notice. iii. In the case of bankruptcy or a similar situation of the Customer, whether a petition has been filed or not, if the Customer becomes insolvent to their creditors. iv. If the Customer permits or engages in actions that may result in endangering the provision of Electronic Communications Services. v. If the License is revoked, expires, is canceled, or amended partially or entirely for any reason. vi. If the Connection causes technical issues with the operation of the Telecommunication Network or networks of other providers.
6.10 In the event of temporary disconnection of the connection upon the Customer’s request, the disconnection duration cannot be less than 1 month and cannot exceed 6 months in total per calendar year. In any case where the Customer requests temporary disconnection, they will be charged the full amount for the month during which the disconnection request is made, corresponding to the provision of Electronic Communications Services for the program they selected and wish to disconnect. A prerequisite for activating the temporary disconnection service is that the Customer has a zero balance in their account. The temporary disconnection service is not provided for connections with the Last Mile service.
6.11. The Customer may change the product they initially selected from the Company by submitting a relevant request to the Company, under the conditions and requirements that apply from time to time. It is clarified that a necessary condition for changing a product that included access to third-party audiovisual and video content services is the return of the Equipment (Set-Top-Box) provided to the Customer for access to third-party audiovisual content services. Detailed information is available through the Company’s customer service department, its sales points, the Company’s website, and other informational materials.
6.12. In all cases of product changes as defined above in 6.11, the Company may charge the Customer a conversion fee according to its then-applicable price list. Additionally, in any case where the Customer does not return the Equipment as required, the Company has the right to charge the Customer the relevant cost.
6.13. Service changes during the current month can be made for all internet packages. In all other cases, service changes will only be made on the first day of the following month after the request. A written request from the subscriber must have been submitted in advance.
6.14. The reconnection fee for the HCN network is €25. In the case of connection to the Last Mile service, the reconnection fee is €40.
6.15. In the Last Mile packages, in the event of early termination by the subscriber before the lapse of three (3) months from the date of signing the contract and two (2) months from the service activation date, a one-time penalty fee of one hundred and fifty (150) euros shall apply. This amount covers the costs that HCN pays to the provider for leasing the line, which are non-refundable in the case of early termination.
7. CUSTOMER CHARGES – PAYMENTS
7.1. For the provision of Electronic Communications Services and the Telecommunications Connection HCN, as well as any other charges, the Customer is charged based on the applicable price list of the Company. The current price list is attached to this agreement and forms an integral part of it. For the above services, the charge starts from the activation date of these services. The Company’s price list changes according to the following cumulative criteria: inflation, investment costs, costs of network services provided, network operating and maintenance costs, criteria set by the applicable Electronic Communications Law, and the rules of fair competition. Any increase in the price list and fees of the Company takes effect after one (1) month or earlier, according to the law, and is published either in the press or on the Company’s website, or in another manner according to the applicable laws or decisions. The Customer has the right to terminate this agreement in writing without penalty within thirty (30) days from the notification of the price increase. Reductions in fees may take effect immediately upon their announcement.
7.2. The Company will issue an invoice to the Customer for a period of one (1) month. The first invoice will charge the Customer proportionally for the days the Electronic Communications Services were activated in the first month, as well as for the fixed charges for the following month. The Customer’s charge starts from the activation date of the connection.
7.3. The invoice is payable within fourteen (14) days from the date of issuance and is paid according to the payment method selected by the Customer, as stated in the Application. Delayed payment of the invoice is subject to interest for default, reserving the Company’s right for temporary and permanent disconnection of the Electronic Communications Services.
7.4. The Customer is responsible for the payment of the invoice for the Electronic Communications Services included therein, even if the services were used by a third party.
7.5. The Customer will review the invoice and verify the credit and debit entries shown on it and will notify the Company in writing of any omissions or errors in the invoice. After fourteen (14) days from the issuance date of the invoice without objection from the Customer, it is agreed that the invoice is considered accurate, and that the Company’s charges are correct and constitute legal proof of the Customer’s debt for the full amount stated.
7.6. Subject to all its legal rights, the Company, if the Customer has not paid the overdue and due debt resulting from two consecutive invoices, will notify the Customer of the pending debt via a written message (SMS), which will be sent to the Customer’s personal mobile phone number or via email to the address provided by the Customer in the Application, informing them of the need to pay in order to avoid disconnection. This notification will occur from the date the second invoice becomes payable. If the debt is not settled by the Customer, the Company has the right to temporarily disconnect the Electronic Communications Services to the Customer. For reactivation of the line, payment of both overdue invoices and the month of disconnection, if invoiced, is required. In the case of disconnection due to debts for internet and telephone services, emergency numbers will remain operational for 1 month after disconnection, specifically the numbers: 100, 108, 112, 166, 199. In the Last Mile service, if overdue debts are not paid, the Company will proceed with permanent disconnection of the services one month after the disconnection date due to debt. The reconnection fee is set at €40, in combination with the payment of the issued invoices.
7.7. Subject to all its legal rights, the Company has the right to unilaterally terminate the Agreement due to overdue and due debt from the Customer, resulting from two unpaid invoices as described above (7.6), but only after the temporary disconnection of the service for the same reason, as outlined above, and if the Customer has not paid the overdue debt after receiving written notice via SMS. The permanent disconnection and disconnection of the Customer from the Telecommunications Network due to unilateral termination by the Company will occur before the issuance of the third unpaid invoice. The Customer will be charged the full amount for the Electronic Communications Service for the program they have selected and for the current month during which the permanent disconnection and disconnection occurs due to unilateral termination by the Company. Permanent disconnection from the Telecommunications Network will occur without prior notice in the case of fraud. In all of the above cases, the Company will refer the matter to its legal department to take the necessary legal actions to satisfy its lawful claims.
7.8. In case of temporary and/or permanent disconnection of the Electronic Communications Services according to the above, the Customer is required to fully pay all outstanding invoices, including the current invoice, as well as the reconnection fees (in case of permanent disconnection), in order to reconnect to the Telecommunications Network and resume the use of the Electronic Communications Services, and the Customer’s charges will start from the day of reconnection. In the case of reconnection, the Company reserves the right to provide a new connection number. In case of transfer of the Connection to another provider at the Customer’s request, the Customer will be charged for the provision of Electronic Communications Services by the Company until the transfer of the line to the selected provider.
7.9. The Customer acknowledges that every aggregated bill, monthly bill, or statement maintained by the Company electronically at a data center, which includes the billed units of telephone calls and other provided services, and the amount resulting from them, according to the applicable price list and other charges, will constitute full proof of the debt to the Company for fixed fees, call charges, and additional services provided.
7.10. Payment Method. The Customer is required to pay the Company the following amounts if they are charged: i. The Activation Fee, which is included in the first invoice, ii. The Monthly Fixed Fee at the end of each month, iii. Charges for all calls after the provision of the Services (issued on the next monthly invoice), iv. The reconnection fee, and v. Other fees/charges for additional services provided by the Company, as detailed in the attached price list, as they will be updated accordingly, based on the additional services selected by the Customer in the Application or that they may choose in the future.
7.11. Upon termination of the contract (whether by dissolution or cancellation for any reason) or even in the case of an application for a program change (6.11), the Customer is required to return the Equipment to the Company in good condition, or in a condition justified by normal use and wear over time. Even if the customer has acquired the Dual Band Wi-Fi for a one-time cost of €15, the return of the equipment is required upon service termination, as it was leased. If the Equipment provided by the Company is missing or shows greater damage than usual, the Company will charge the cost of the Equipment to the Customer. Specifically, if the equipment is a coaxial cable modem, the additional cost for the Customer will be thirty euros (€30.00), if the equipment is a fiber optic modem, the additional charge for the Customer will be sixty euros (€60.00), and if the equipment is a Dual Band Wi-Fi modem, the additional charge is eighty euros (€80.00).
7.12. Student Package: A 10% discount is provided on internet packages and combined internet and telephony packages, but not on standalone telephony packages. A 20% discount is also given on activation fees. For any additional costs that may arise (static IP, paid equipment, etc.), no discount is provided. The offer is valid exclusively for subscribers connected to the HCN-owned network and (a) who are Students at Greek Higher Education Institutions, (b) who reside legally and permanently in Greece and are over 18 years old, and (c) are in the main years of study. Specifically, eligible students (undergraduate, postgraduate, doctoral candidates) are those enrolled in: • Universities/Technological Institutes • Ecclesiastical Schools • Military and Police Schools • Merchant Marine and Coast Guard Schools • Fire Academy Schools • Hellenic Open University • Public IEK (Vocational Education and Training Institutions) • Private IEKs operating legally according to Law 4093/2012 and related executive provisions • Private Universities operating legally according to Law 4093/2012 and related executive provisions. Participation in the Program is possible through HCN’s exclusive network of stores or via www.hcn.gr. A valid student card must be presented/sent. The offer cannot exceed the expiration date of the student card, and it is the subscriber’s exclusive responsibility to request an extension of the offer if the card is renewed, otherwise the next month will be billed without the discount. The offer cannot be combined with other promotional activities. The maximum duration of the offer cannot exceed a total of 5 years and is not retroactive.
7.13. Discount Beneficiaries for People with Disabilities (AmeA):
Direct Beneficiaries:
A) Deaf subscribers (as these individuals fall under the definition of Law 1813/1988, Article 33, §141-142, table of Appendix A, page 25 – Government Gazette: 243/A/1988), who exhibit a reduction in auditory acuity of 96-100% and a disability percentage greater than 67%. This category also includes individuals with congenital deaf-mutism, i.e., total deafness without speech development with a disability percentage of 80%.
B) All individuals with a disability greater than 67% (as determined by the competent medical committees, such as individuals with severe intellectual disability, individuals with cerebral palsy).
Indirect Beneficiaries:
The guardians of all the aforementioned individuals with a disability greater than 67% (those who have been legally or contractually designated as exercising supervision over the specific individual, e.g., parental care, guardianship, or judicial perception).
Only the guardians of individuals with severe intellectual disabilities and autism, with a disability percentage greater than 67%, as defined in decision Φ/21/2361/1993, §3.1.4. (Government Gazette 819B’), i.e., individuals who are at the threshold of being able to meet their personal needs, because they do not have legal capacity.
The guardians of individuals suffering from cerebral palsy with a disability percentage greater than 67%, as defined in decision Φ/21/2361/1993, §3.7.4. (Government Gazette 819B’), i.e., individuals who exhibit damage to the Central Nervous System (CNS), with primary symptoms being severe motor disorders of a spastic type, with or without hyperactivity, and varying degrees of intellectual delay.
The beneficiary must submit documents certifying the disability. For persons with disabilities greater than 67% and for all the aforementioned disabilities, a certificate from K.E.P.A. is required, with the discount valid until the expiration date of the K.E.P.A. certification. The discount does not have a retroactive character and cannot be applied to bills that have already been issued.
7.14. The Flow+ package offer at the price of €9.00 is valid for new connections only in Katerini and Veria, subject to network availability. The original monthly price of the package is €28.00, and with the current offer, it is reduced to €19.00. The offer price of €19.00 is valid for 1 year from the connection date. If the customer is eligible for the Gigabit Voucher subsidy, the final price of the package becomes €9.00 for 1 year from the connection date, and thereafter the price will be €18.00 for 3 months.
7.15.The Flow+ offer at the price of €15.00 is valid for new applications submitted until 30/04 in Thessaloniki & Kilkis, subject to network availability, and which are connected by 30/06. Original price of Flow+: €28.00/month. Flow+ price with promo code ‘HCN15’: €25.00/month for 1 year. Price with Gigabit Voucher subsidy & promo code: €15.00/month for 1 year from the connection date, and then the price of €18.00 will apply for 3 months. The promo code ‘HCN15’ cannot be combined with any other offer. In the case of a connection via Last Mile, the following offer applies for the same dates in Thessaloniki & Kilkis for the Fiber 300 package: €18.50/month. Original price of Fiber 300: €31.50/month. Fiber 300 price with promo code ‘HCN15’: €28.50/month for 1 year. Price with Gigabit Voucher subsidy & promo code: €18.50/month for 1 year from the connection date, and then the price of €21.50 will apply for 3 months. In case of connection via Last Mile in the area of Katerini, the following offer applies for the Fiber 300 package: €18.50/month. Original price of Fiber 300: €31.50/month. Price with offer: €28.50/month for 1 year. Price with Gigabit Voucher subsidy & offer: €18.50/month for 1 year from the connection date, and then the price of €21.50 will apply for 3 months.
8. CONFIDENTIALITY OF COMMUNICATIONS – PROTECTION OF PERSONAL DATA – INTELLECTUAL RIGHTS
8.1. The Company takes all appropriate measures to ensure the confidentiality of the Customer’s communications and transmitted information and data. However, the Company does not guarantee the security of data transmitted through networks, to the extent that such protection cannot be achieved through the adoption of appropriate security measures required by law. The Company, as an internet service provider, is not responsible for:
(a) the authenticity, accuracy, confidentiality, or lawful or unlawful nature of the data (data) that the Customer receives or sends to third parties or stores through their access to its network,
(b) any direct or indirect, positive or negative, material or immaterial damages that the Customer may suffer from their internet access, and
(c) any disputes that may arise between its Customers or between Customers and third parties due to messages, data, or information (data) transmitted via its telecommunications network. The Company declares that any lifting of the confidentiality of the Customer’s communications is permitted only to the extent necessary for fulfilling its legal obligations under the applicable legislation.
8.2. The Company declares, and the Customer accepts, that personal data collected by the Company relating to the Customer will be used for the proper execution, monitoring, and protection of transactions during the provision of Electronic Communication Services, and, if the Customer has given consent, for informing them about the services offered by the Company. Recipients of the data include the Company and its staff, as well as any legal or natural persons to whom the Company is obliged or entitled to disclose the data, based on the Customer’s consent, law, or a judicial decision. Furthermore, the Company declares, and the Customer accepts, that in the context of interconnection of its network with telecommunications networks of other providers for the provision of interconnection services, the transmission of personal data may be required, even if the concealment of such data has been requested. This data will be transmitted to the telecommunications providers exclusively for the billing of the provided services. Additionally, the Company declares, and the Customer accepts, that for the purpose of debt collection, data transmission is required. This data will be transmitted to collection agencies exclusively for the collection of the Customer’s accounts. The Customer has the right to withdraw their consent for the processing of personal data at any time by submitting a specific written statement to the Company, unless such processing is allowed without the Customer’s consent. Specifically, for emergency services, the Customer may call the number 112 or any other number designated by the competent authorities for this purpose, and the Company may disclose, upon request, the Customer’s name to the competent emergency response agency solely for the purpose of facilitating immediate intervention, unless, in the case of a non-disclosable phone connection, the Customer has submitted a written declaration to the Company, via the Application or by returning a form provided with the bill or available on the Company’s website, that they do not consent to such disclosure. The Customer explicitly states to the Company whether they do not wish to receive communications with human intervention (calls via landline or mobile phones) for direct marketing of products or services and for any advertising purposes, so that the Company can register this request for free in a special subscriber list, which is available to any interested party.
8.3. Subject to personal data protection provisions, the Company sends the Customer a detailed bill with the minimum level of detailed charging as specified from time to time. The Customer is entitled to request in writing the removal of the last three (3) digits of the called numbers from the detailed bill or the non-provision of the minimum detailed billing level at any time. If the Electronic Communications Services are used by more than one household user, the Customer undertakes and guarantees that the users have been informed that the Customer will receive a detailed analysis of the bill per call. The Customer informs the Company if they consent to being listed in printed or electronic subscriber directories available to the public, and in any directory information service provided by the Company or other authorized entities (after the Company provides the relevant data under (a), (b), and (c) to such entities), within the context of providing publicly available directory and information services, including those of Universal Service providers: (a) the number assigned to them by the Company or transferred to the Company from another telecommunications provider via portability, (b) their personal details (name, surname, patronymic, and home address) or their personal details excluding the home address, and (c) any additional information, upon the Customer’s request (e.g., tax identification number, occupation, email address, personal website). Furthermore, the Customer declares if they consent to the possible necessary processing of their personal data in the context of further functionalities based on search functions integrated into the electronic versions of publicly available directories, such as searching by name and reverse search by phone number. The Customer or the Account Holder, if they are different persons, who have chosen the Application, are listed in the above directories with the personal details specified in the Application. The Customer retains the right to check and, if necessary, correct or request the deletion of the related entry.
8.4. It is expressly agreed that any type of data entered or to be entered by the Company into its network is intended solely for the personal use of the Customer during the term of this Agreement. The intellectual property rights of all such data belong to the Company, and reproduction, copying, republishing, modification, announcement, transmission, translation, adaptation, dramatization, or any other transformation by any means, electronic or print, or by the Customer, is not allowed without the prior written consent of the Company for this purpose.
9. FAILURE TO COMPLY WITH THE TERMS – FORCE MAJEURE
9.1. The Company shall not be held responsible for non-compliance or failure to comply with the terms of this Agreement when such non-compliance is due to force majeure or other reasons outside the Company’s control, such as wars, strikes, accidents, earthquakes, floods, fires, storms, or other natural phenomena, terrorist actions, sabotage, government prohibitions, actions by Greek or Community or other authorities, trade embargoes, interruption or damage to the fixed public telecommunications network or third-party telecommunications networks, judicial decisions, prosecutorial orders, an increase in the Customer’s distance from the coverage area of the Company’s service, replacement of the copper network, etc.
9.2. The Company is not responsible for the quality, adequacy, and security of third-party networks that are necessarily used to provide its services, nor for any difficulty in using its services caused by the Customer’s equipment. The Company also has no responsibility for the replacement, maintenance, or upgrading of the Customer’s equipment.
10. FINAL PROVISIONS
10.1. The Customer is obligated to inform the Company of any changes to their details as provided in the Subscription Application. Until such a change is communicated, all invoices and documents are validly delivered to the old address. If the Customer does not inform the Company of changes (address, phone number), they explicitly grant the Company or its authorized representatives the right to verify this information through OTE for operational purposes related to this Agreement. Any notification by the Company to the Customer within the scope of this Agreement may be made via invoices sent to the Customer, electronically, by fax, or by any other appropriate means, especially via announcements in the press or advertising messages. The Company uses the Greek language for all communications with the Customer. Any notification by the Customer to the Company is valid only if made in writing, signed, and sent by mail or transmitted by facsimile (fax) with proof of correct transmission, or by any other legal means that can prove the sending and date. Emails, if signed electronically, are considered a valid and binding declaration of intent.
10.2. Invalidity of any term(s) does not affect the validity of the Agreement, and the remaining terms remain in full force and effect. The parties shall make every effort to replace any invalid terms with valid, similar terms, as far as possible.
10.3. Any modification, addition, or removal of terms of this Agreement is valid only if made in writing and signed by both parties, unless required by law, regulation, or decision by the EETT or any other competent authority. The Company is obliged to inform its customers about necessary modifications via the press or email. An exception applies to price increases, which may occur at any time, provided that the provisions in Article 7 of this Agreement are followed.
10.4. This Agreement is governed by Greek law, the decisions and regulations of the EETT applicable to electronic communication transactions, and all other relevant applicable provisions. The competent courts for resolving disputes arising from the application/interpretation of this Agreement are those where the user resides or where the contract was concluded.
10.5. It is expressly agreed that the Customer does not have the right to assign their claims and rights under this Agreement. The Company has the right to assign the collection of amounts owed by the Customer under this Agreement to a physical or legal person.
10.6. Any communication of documents between the contracting parties is validly made at their place of residence or registered office, unless a change is communicated according to the provisions above.