GENERAL TERMS OF PREPAID MOBILE TELEPHONY SERVICES BY OTE
The following General Terms, in conjunction with the undersigned's Application (hereinafter "Subscriber"), outline the terms and conditions under which the company "HELLENIC TELECOMMUNICATIONS ORGANIZATION S.A." (hereinafter "OTE"), with VAT number 094019245, Tax Office of Athens FAE (GEMI number 1037501000), headquartered in Marousi, Attica, 99 Kifisias Avenue, Postal Code 15124, will provide the Subscriber, upon acceptance of their Application, and in exchange for the consideration specified in OTE's price list, the right to use electronic communication services (including voice, messaging, internet, and any other services provided by OTE, hereinafter referred to as "Services") through its mobile telecommunications network (hereinafter the "OTE Mobile Network"), based on the general operating licenses and radio frequency licenses granted to OTE, in accordance with the current legislation.
DEFINITIONS:
"Call Number": The number of use that OTE (Hellenic Telecommunications Organization) secondarily grants to the Subscriber upon acceptance of his Application to use the Services provided by OTE.
"SIM Card": The specially manufactured card, owned by OTE, provided by OTE to the Subscriber in physical or electronic form (eSIM) upon acceptance of his Application. Installing this card in the Telecommunications Terminal Equipment allows connection to the OTE mobile network and access to the services provided by OTE.
"Subscriber": The natural or legal person who, upon acceptance of his Application by OTE, acquires the right to use its Services under the terms and conditions of the General Terms. In cases where the user of the Call Number is a different person from the Subscriber, the Subscriber is obliged to report the user's details.
"Telecommunications Terminal Equipment" or "Equipment": Any equipment suitable for connection to the OTE mobile network that complies with the terms of the applicable legislation.
"Roaming Service": The service that allows the Subscriber to receive and use the Services when abroad, provided they are in a network coverage area with which OTE has concluded a relevant agreement.
1. ACCEPTANCE OF APPLICATION
1.1 During the submission and examination of the Application, OTE is entitled to request the necessary documents from the prospective Subscriber to verify their identity. The Application must be legally signed by the prospective Subscriber.
1.2 The Application is accepted upon notification of the Subscriber's Calling Number.
2. SIM CARD
2.1. Connection to OTE's mobile telephony network and access to the provided Services are exclusively facilitated through the SIM card issued to the Subscriber upon acceptance of their Application, in accordance with the terms of this Agreement.
2.2. The Subscriber does not acquire any ownership rights over the SIM card or the information it contains, nor is entitled to lease or commercially exploit the card or the Services in any way.
2.3. The Subscriber is obligated to return the SIM card to OTE whenever requested, or if provided in electronic form, OTE is entitled to suspend its services, especially when security reasons, emergencies, or public interest related to the Network's operation dictate. OTE retains the right to search for the physical SIM card through legal means.
2.4. The Subscriber must promptly and in writing inform OTE in case the SIM card is stolen, lost, completely or partially destroyed, or if there are suspicions that personal codes for its use have been compromised, to enable the blocking of calls on their connection. In any case, the Subscriber is solely responsible for the entire use of the Services conducted through the SIM card until the blockage is implemented.
2.5. According to OTE's current price list, replacing the SIM card and reconnection to the Network will incur charges to the Subscriber.
2.6. The Subscriber is liable to OTE for any damages due to the unconventional use of the SIM card.
3. SUBSCRIBER'S CALLING NUMBER
3.1 Throughout the duration of the Agreement, the Subscriber acquires the right to the exclusive use of the Calling Number. This right is automatically transferred to OTE upon termination of the Agreement for any reason. In such a case, OTE is entitled to assign the right to use the Calling Number to any third party, in accordance with applicable legislation, without any liability towards the Subscriber.
3.2 OTE reserves the right to change the Subscriber's Calling Number when required by legislation, government authorities, or for technical reasons or reasons related to the Network's operation.
3.3 If the Calling Number remains deactivated for a continuous period exceeding three (3) months, OTE is entitled to consider the present Agreement terminated and deactivate the SIM card.
4. TELECOMMUNICATION TERMINAL EQUIPMENT
4.1. OTE provides the Subscriber exclusively with the SIM card without assuming responsibility for the selection, procurement, and operation of the Equipment, which is the Subscriber's responsibility. The SIM card is installed and operates only with Equipment approved according to the applicable legislation, compatible with OTE's mobile telephony network. The Subscriber is liable to OTE for any damage caused to its network by the use of unauthorized Equipment. In any case, OTE may refuse to connect or disconnect Equipment causing issues in its network, as well as in all cases stipulated by the relevant legislation.
4.2. The obligation for the immediate return of any remaining device subsidy or terminal equipment, discount, or offer from OTE, not amortized according to the Application, remains valid even in case of loss, theft, or destruction of the Equipment, as the Subscriber bears the corresponding risk.
4.3 The Subscriber must use Equipment compatible with OTE's mobile telephony network. The Subscriber cannot tamper with the Equipment or use it for illegal activities or with systems that may affect the proper functioning and quality of OTE's mobile telephony network (e.g., Internet transmission systems, peer-to-peer communication, Internet of Things). The Subscriber cannot resell Equipment received from OTE.
4.4 The Subscriber must promptly and in writing inform OTE in case of theft of their device for call blocking. In any case, the Subscriber is solely responsible for the total use of the Services made through their Equipment and SIM card until notifying OTE. The Equipment is covered by a manufacturer's warranty, the main details of which are stated in the user guide. In case of a real defect or lack of agreed-upon features of the equipment, the provisions of the Civil Code regarding the correction, replacement, etc., of the product apply, regardless of the manufacturer's written warranty.
4.5 If the Equipment provides access to the Internet and/or the Subscriber's Corporate Network, the following apply:
4.5.1 Ensuring the safe operation of the Subscriber's Corporate Network is the exclusive responsibility of the Subscriber.
4.5.2 The actual data usage consumed by the Subscriber is displayed in the analysis provided by OTE upon the Subscriber's request. For internet access via computer, OTE provides software that offers a user-friendly graphical interface for connecting the Equipment to the OTE mobile telephony network. Any measurement of data usage by the Equipment or any other application is indicative and purely informational. In no case does it constitute proof of the data movement consumed, given that the usage meter is unable to record the actual data movement when: (i) the settings of the meter do not coincide with the billing period, (ii) the connection to the OTE mobile telephony network is made through the operating system without using the specific application, (iii) the application is uninstalled and reinstalled on the Subscriber's computer, resulting in the deletion of the usage history stored on the Subscriber's computer's hard drive, (iv) there is a sudden power outage or the application is generally terminated improperly, (v) the Equipment is used on different computers, (vi) other applications that consume data with automatic updates or traffic compression software are used, (vii) the user deletes the usage history, (viii) additional signaling data for connection management is recorded approximately due to rounding and not in real time.
4.5.3. In case the software application provided by OTE is installed on a computer, the Subscriber is granted a non-exclusive license for personal use only for the period OTE provides access to the Internet service to the Subscriber. The right to use the specific software provided to the Subscriber is limited to the use of the Service and to the extent necessary. The software license does not include the right for any reproduction or redistribution.
4.5.4 The nominal connection speeds to the Internet represent the maximum possible speeds as they depend on conditions and technical parameters beyond OTE's control.
4.6 If the Subscriber uses Equipment that allows automatic updates from the Internet, the Subscriber must be informed about these capabilities from the User Guide of the manufacturer of the Equipment.
5 SERVICES - OBLIGATIONS OF OTE
5.1. OTE provides wireless electronic communication services (voice, SMS, and mobile broadband services) through its mobile telephony network.
5.2 The Quality Indices of OTE's mobile telephony, coverage maps, and the quality of provided services are detailed on the website https://www.cosmote.gr/cs/otegroup/gr/deiktes_poiothtas.html
5.3 OTE is obligated to inform the Subscriber about their invoices, maintenance fees, means of notification, terms of provision and use of its services, and network characteristics. Detailed information regarding prices and invoices is provided on the websites www.cosmote.gr, www.whatsup.gr, www.frogmobile.gr depending on the selected connection package, store network, and the Customer Service Department of COSMOTE.
5.4. OTE is required to notify Subscribers via SMS fifteen (15) days before the expiration of the prepaid service value for the upcoming termination.
5.5. The OTE mobile telephony network provides coverage in at least a) 95% of the geographical areas inhabited by at least 95% of the country's population, b) at least 95% of the population of neighboring border regions, and c) 85% of international highways and national roads. Coverage details are available on www.cosmote.gr. OTE mobile telephony services are available twenty-four (24) hours a day, seven (7) days a week, without interruption, except for a period not exceeding a total of six (6) hours monthly, if such interruption is entirely necessary for maintenance work scheduled to cause the least possible disturbance to Subscribers. The OTE mobile telephony network is designed to display, during peak hours: a) call blocking probability less than 2%, b) call dropping probability less than 3%, c) network availability per year greater than or equal to 99.5%, and for a continuous period of 48 hours not less than 95%.
5.6. The quality of mobile telephony services may differ during roaming compared to the quality of services provided within Greece. Factors that may affect the availability and quality of services during roaming include the coverage of the visited network, the upload and download speeds provided by that network, topography, etc. Additionally, in some cases, there may be additional charges for value-added services that incur higher costs when used during roaming.
Due to the possibility of connecting to foreign networks in border areas, resulting in subscribers being charged roaming fees, subscribers in these areas should manually select their mobile network based on the instructions found in the User Guide of their respective device. Furthermore, additional roaming charges may apply if connected to non-terrestrial networks (e.g., on maritime vessels or airplanes). Since connection to non-terrestrial networks can occur unintentionally, the subscriber should either manually select the network or disable roaming.
OTE always informs the subscriber via SMS when connected to a non-terrestrial network. Subscribers can get information about roaming services, permanent roaming, partner networks, the services they provide, charges, the option to disable roaming, and services that are subject to increased costs from the website https://www.cosmote.gr/cs/cosmote/gr/useful_information_roaming_res.html. Complaints or claims can be submitted as described in Article 16 (Dispute Resolution).
5.7. OTE is obliged to promptly examine Subscriber complaints and requests regarding orders, initiation, termination, billing, and the overall quality of service provision, maintaining a relevant file indicating the results of its actions for the period specified by current legislation.
5.8. OTE is bound by current privacy legislation regarding the content of communications conducted through its network and the confidentiality of information acquired from the Subscriber.
5.9. OTE serves Subscribers for fault-related matters through the toll-free helpline 13738, in accordance with current legislation.
5.10. OTE provides access to emergency services and information for locating the caller using the unified European emergency number "112," as well as other emergency numbers without any obligation to use any means of payment. In the case of calls to the unified European emergency number 112, OTE disables any caller number hiding. If the details are not disclosable, the Subscriber has the right to request in writing, in the event of an emergency call, that OTE provides their name and surname to the authority responsible for emergency response, solely and exclusively for that purpose.
5.11. Subscribers for maintenance and support issues regarding their connection can call the COSMOTE Customer Service at 13888 and 1299 for card mobile connections of WHAT'S UP and FROG, with charges according to the current OTE price list.
5.12. OTE is entitled to selectively block access to numbers or services for as long as deemed appropriate in case of fraud or abuse, in accordance with current legislation. If a complaint is filed with Hellenic Telecommunications & Post Commission (HTPC) by a consumer or another provider regarding fraud or complaints/reports from end-users regarding charges (involving UPP, international calls, or data services), especially at least triple the usual rate (average of the last 6 months), HTPC may request OTE and/or other providers to selectively block access to numbers or services for as long as deemed appropriate in case of fraud or abuse, and in such cases, OTE is required to withhold the related interconnection or service revenues.
5.13. OTE may take measures for incidents related to the security, integrity, and potential threats to its systems, including risk assessment and security checks on systems, the development of a business continuity plan, physical protection of facilities to prevent unauthorized access, protection against natural disasters, implementation of network security and access control mechanisms, network management and monitoring, and detection and handling of malicious software.
6 INFORMATION REGARDING OPEN INTERNET:
This article provides only general information on the provision of internet access services by OTE. Detailed information and updates for Subscribers on all Open Internet matters are available on the website https://www.cosmote.gr/cs/cosmote/gr/anoikto_diadiktyo_kinhth_23260.html (hereinafter referred to as the "Website"), the content of which constitutes part of these General Terms.
Subscriber access to the internet is possible through OTE's mobile network and requires the use of a device that supports access to this network. Information on the development of the mobile telephony network is provided through the coverage map available on the website https://www.cosmote.gr/cs/otegroup/gr/kalipsi_diktiou.html
6.1 Traffic Management Practices: OTE implements traffic management practices, such as access slowdown, access termination, and fair usage policy, depending on the Subscriber's economic program. Additionally, OTE may apply additional traffic management practices when necessary and only for the time required to: a) comply with legislation (national or union), court decisions, or public authorities' decisions (e.g., access prohibition to illegal websites, etc.), b) ensure the integrity and security of the network and the services provided through it and the user equipment, and c) prevent obstacles due to network congestion or limit the effects of any exceptional or temporary network congestion.
6.2 Data Volume, Speed, and Other Quality Parameter Restrictions: Quality parameters include, indicative of throughput, delay, delay variation (jitter), and packet loss percentage. Depending on the Subscriber's program, data volume restrictions may be imposed, such as interruption or slowdown of navigation or fair usage policy.
6.3 Terminal Equipment Usage Restrictions: Any restrictions on terminal equipment usage are mentioned on the Website.
6.4 Specialized Services: Any specialized services are referenced on the Website.
6.5 Internet Connection Speeds and Other Quality Parameters: OTE posts on the Website, at least once a year, updated values and information on internet connection speeds, as well as a coverage map for the development of the OTE mobile telephony network, through which it provides internet access. Information on speeds is available on the map located at www.cosmote.gr/mobile-speed-coverage.
6.6 Subscriber Compensation and Complaint Submission and Review Process
6.6.1 OTE examines complaints or claims regarding deviations of actual service quality from the quality stated in the terms of service provision/use. OTE will conduct an investigation to verify the accuracy of the complaint/claim and provide compensation/remedies to the Subscriber.
6.6.2 In the case of continuous or repeated deviation from the lower limit of the maximum speed, the compensation/remedies may include: a) a discount on the Subscriber's bill or b) the provision of free MB or talk minutes for a limited period, starting from the time the complaint is submitted and covering the period until the contractual time expires or the deviation is corrected, if it occurs earlier, according to OTE's commercial policy at the time. If the Subscriber does not accept the proposed remedies, they do not have the right to submit a new complaint covered by these specific remedial measures or compensations.
6.6.3 In the event of a significant continuous or repeated deviation, and if OTE cannot resolve the issue within twenty (20) days from the date the complaint was submitted, the Subscriber has the right to terminate their contract without penalty within thirty (30) days from the end of the twenty (20) day period. The aforementioned 20-day period applies only to the Subscriber's right to terminate the contract without penalty in the case of significant continuous or repeated deviation and does not affect their right to other compensations/remedies, which date back to the time the complaint/claim was submitted. Any delays due to the subscriber, such as canceling a technician's visit through the subscriber's fault, do not count towards the 20-day period. In such cases, the subscriber will be informed of the new date from which they acquire the right to terminate the contract without penalty. The time for correcting the deviation is defined as the time when the Subscriber is informed by the provider that the problem has been resolved. The Subscriber is not entitled to remedies if the deviations are demonstrably due to force majeure.
7 SUBSCRIBER OBLIGATIONS
The subscriber is obligated to:
7.1. Promptly and in writing inform OTE of any changes to the information provided in his application, especially his address, and provide all necessary information for the uninterrupted provision of OTE's services. Additionally, the subscriber must inform OTE in the event of transferring his connection, signing all required documents from OTE and/or legislation.
7.2. Use OTE's mobile network and services in accordance with the law, the terms of this agreement, and OTE's instructions. The subscriber must not sell the services or engage in acts or omissions that may affect or jeopardize the quality and provision of the services.
7.3. Not disclose to any third party the personal security codes (PIN and PUK) of the SIM card and take all necessary measures to protect his personal data and the privacy of his communications.
7.4. Use equipment that does not cause problems to OTE's mobile network.
7.5. Not reverse telephone calls.
7.6. Neither use nor allow third parties to use the services for unethical or illegal purposes. For example, but not limited to, the subscriber is prohibited from using OTE's services to: a) assist or execute any illegal action, including but not limited to posting, storing, transmitting, or disseminating information or material that is defamatory, indecent, illegal, threatening, or offensive, or that violates or offends the intellectual property rights of any person or entity or that in any way contributes to the commission of a criminal offense, b) cause harm to a minor, c) upload, post, publish, transfer, reproduce, recreate, or distribute in any way software or other material acquired through the service that is protected by copyright, d) promote or possess content containing malicious software or programs designed to interfere, destroy, or limit the operation of any software or telecommunications equipment or to prevent other users from using OTE's services, e) install and promote in any way any kind of unsolicited or unauthorized advertising or electronically transmitted messages (spam), chain letters, pyramid schemes, and any other form of unwanted content promotion, f) send a large number of copies of identical or similar messages with meaningless content or empty messages or files that may harm a server, user account, newsgroup, chat, or similar service, g) initiate, repeat, or in any way participate in any speculative or other illegal scheme against another user or OTE, h) participate in the collection or collect a large number of electronic mail messages (emails) or other identifiers that would help in the creation of software and user personal data (spyware), i) impersonate another person as the sender of messages or forge the signature of someone else (digital or handwritten signature) or engage in any other fraud (e.g., phishing), j) disrupt the smooth operation of networks and, in general, undermine and degrade the security level of OTE's systems, k) access another person's or systems, networks, software, and data without their knowledge and without their consent, violating the security of OTE's mobile telephony account or network, l) use or distribute tools of unauthorized use or devices for security violation, such as decoders, password detectors, cracking tools, encryption bypass tools, or Trojan Horse programs, m) when accessing the Internet through OTE's services, it must be done in a lawful and appropriate manner, and comply with the codes of ethics of the Internet (e.g., RFC 1087 ethics and the Internet).
7.7 The subscriber has the right to access exclusively and only communication data related to himself, in accordance with the provisions of the applicable legislation at any given time.
8 USE OF OTE MOBILE TELEPHONY CONTENT SERVICES BY SUBSCRIBERS AND THIRD PARTIES
8.1 OTE provides the Subscriber, through compatible Equipment, access to content services of OTE and/or third parties (hereinafter Content Services).
8.2 Content Services are used "as is," without the possibility of modifications or other interventions by the Subscriber.
8.3 The Subscriber accepts, agrees, and covenants to make lawful and proper use of the Content Services. Therefore, the Subscriber, indicatively and not restrictively, agrees not to use the Services: a) to cause harm to a minor, b) to transmit or gain access to content that either violates any third-party rights, offends the personality of third parties, harasses in any way the individual and social rights of third parties, or comes, in any way, into conflict with the law, c) to mislead anyone as to the origin of the content of the Content Services, d) to harm the reputation of OTE or third parties, e) to jeopardize the security of the OTE mobile telephony network, f) to engage in any way in the promotion of unsolicited or unauthorized advertising or unwanted electronic messages (spam), g) to disclose information containing personal data.
8.4 OTE tries to ensure high security rates in the use of Content Services, as well as as accurate, complete, reliable, and up-to-date information as possible. Nevertheless, OTE does not commit and does not provide any guarantee regarding the security and content of Content Services. The Subscriber is responsible for any risk that may arise from the use of any content, including any decision to rely on the accuracy, completeness, validity, and/or usefulness of any content of the Content Services.
8.5 OTE assumes no responsibility for the security, legality, and validity of the content of third-party Content Services, who (third parties) bear full civil and criminal liability for these services. In such cases, the Subscriber must address third parties for anything that may arise from the visit or use of these services.
8.6 OTE is entitled to modify the terms of access and use of Content Services and to interrupt or modify any Content Service.
8.7 The use and access to Content Services imply the explicit and unconditional acceptance by the Subscriber of the general and any special terms of each Content Service, as they apply at any given time.
8.8 It is emphasized that minors who have not reached the age of 18 are prohibited from using Content Services addressed exclusively to adults according to the law. In case minors, despite the explicit prohibition above, use Content Services considered inappropriate for them, OTE assumes no responsibility, as the protection of minors is primarily the obligation of the Subscriber, who is solely responsible.
8.9 Detailed terms of use for Content Services are available on the COSMOTE website at www.cosmote.gr
8.10 The charging of Multimedia Information Services (MIS) is done through the OTE account. MIS are value-added content services of OTE or third parties and are charged either by sending or receiving SMS to and from 5-digit codes of series 54XXX & 190XX to 195XX and 196XX or by voice calls to the number series 14XXX, 901, 909, 806, 812, 825, 850 & 875. The decision of HTPC may modify the above number series.
8.11 The use of Content Services constitutes acceptance of their terms of use by the Subscriber.
9 CHARGES - PAYMENTS
9.1 OTE charges the Subscriber, according to its current price list, for: a. any connection and reconnection fees , b. the price for the provision or replacement of a SIM card, c. fixed monthly fees for each Service, d. fees for the completed calls, e. fees for changing financial plans, as well as any other fees mentioned in its current price list, available on the website www.cosmote.gr. OTE also charges the Subscriber for any other debts according to the agreements between the Subscriber and OTE. VAT and any other taxes or fees burden the Subscriber. Additionally, the Subscriber is responsible for any expenses (operational, legal, or others) incurred by OTE due to the non-fulfillment of the Subscriber's contractual obligations. In case the Subscriber wishes to receive a detailed analysis of their calls, the Subscriber declares that if a person other than the Subscriber is the user of the connection, the user or users of the connection are aware of the option to receive a detailed bill with a full breakdown of the called numbers.
9.2 OTE has the right to change its invoices according to the law and the rules of fair competition, with criteria including inflation and the overall cost of providing its Services, including the cost of investments and the operation and maintenance of its network. Any modification to the invoices according to the above will be effective as provided by the current legislation.
9.3 OTE does not apply a disconnection fee for the termination of mobile telephony connections.
10. INTERRUPTION OF SERVICES
In the event that the Subscriber fails to fulfill any of his contractual obligations or in cases of fraud, OTE is entitled to temporarily or permanently interrupt or restrict the provision of its services.
11. DURATION OF THE CONTRACT
The duration of the contract is indefinite. After the initial activation of the connection, the connection remains in the subscriber's details for thirteen (13) months from its activation. This duration is extended with each renewal of the financial balance by the Subscriber based on OTE's current commercial policy. The Subscriber's financial balance may be consumed within a certain time frame. After the expiration of the aforementioned time frame and in case of non-renewal of the financial balance within this period, any remaining financial balance is zeroed. After one month from the expiration of the above time frame, the provision of OTE's mobile telephony services is interrupted. The Subscriber has the right to renew the financial balance within 13 months from the last renewal. The Subscriber has the right to terminate the contract at any time. In this case, he forfeits any remaining amount of his connection, except in the case of Article 9.2.
For more details on the duration of the financial balance and invoices, refer to the website https://www.cosmote.gr/cs/cosmote/gr/pricelist.html?mtbid=7ce557a6-457b-5de4-e053-181f12ac3db5
12. TERMINATION CLAUSE
12.1 OTE has the right, with the reservation of any further rights it may have, to terminate this Agreement at any time, only for a substantial reason, such as but not limited to cases where: a) the Subscriber fails to comply with any of its contractual obligations, all of which are considered essential; b) partial or complete revocation, cancellation, modification, or termination of OTE's license; c) death of the Subscriber, declaration of bankruptcy, cessation of payments, or any similar situation, whether an application has been submitted or not, conversion of its legal form, placement under dissolution status, liquidation, compulsory management, and in any case where the Subscriber becomes insolvent.
12.2 The Subscriber may terminate this Agreement in one of the following ways, at his discretion: at the COSMOTE store network, by sending a letter, via email, or by electronically submitting the request to https://www.cosmote.gr/cs/cosmote/gr/katagelia_simvasis_form.html, attaching a copy of the ID card or passport. In the case of bundled services that include internet access or interpersonal communication services based on numbers, if the Subscriber has the right to terminate any element of the bundle before the expiration of the contract's agreed duration due to non-compliance with the contract or failure to provide, the Subscriber has the right to terminate the contract for all elements of the bundle.
Within a) thirty (30) days from the effective date of the modification of the tariffs, excluding cases of 1) tariff reduction, 2) tariffs related to international calls and international roaming services outside the European Union, provided that no special charging package or talk time is included in the contract for that country, 3) line transfer fees and reconnection fees, 4) tariffs related to multimedia information calls, 5) increases due to the imposition of taxes or customs duties imposed on the billing of services provided to the public or imposed directly by EU or Greek law; or b) within two (2) months from the effective date of the unilateral modification of these General Terms of Mobile Telephony Services by OTE, excluding cases where the changes are exclusively for the benefit of the Subscriber, strictly administrative in nature, and have no negative impact on the Subscriber or are directly imposed by EU or Greek law, without any further financial burden, and provided that the results of the termination occur no earlier than the previous day from the activation of the new contractual terms, the Subscriber is entitled to terminate this Agreement without any damages to OTE. The addition of an additional service package to the existing service package is not considered a unilateral modification, either free of charge or for a fee, following the express consent of the Subscriber (opt-in process). In the event that the Subscriber opposes the modification of the tariffs as mentioned above, OTE, upon the Subscriber's request, must refund any remaining balance within thirty (30) days, provided that the Subscriber has purchased the package related to the increase until the time of notification of the relevant increase/modification of the tariffs.
12.3 The Subscriber, in the event of transferring his phone number to another provider, is entitled to request the refund of his credit balance, minus any OTE mobile telephony fees.
12.4 The termination of service after termination of the contract by the Subscriber is carried out within two (2) working days, unless the Subscriber requests the termination to take place at a specific time.
12.5 In any case of termination or expiration of the contract, the remaining amount of the Subscriber's connection is lost unless otherwise specified in these terms.
12.6 The loss, theft, or destruction of the SIM card or Equipment is not a substantial reason for termination of this Agreement by the Subscriber, given that the Subscriber bears the related risk exclusively.
12.7 In any case of termination of this Agreement, all the Subscriber's financial obligations to OTE become immediately due.
13 FORCE MAJEURE
OTE (Hellenic Telecommunications Organization) is not liable to the Subscriber for any non-fulfillment of its contractual obligations in cases of the occurrence of any force majeure event (such as, indicative examples include war – whether declared or not – riots, acts of sabotage, terrorist actions, strikes, acts of Greek, Community, or other authorities, natural obstacles, atmospheric conditions), or other incidents beyond its control, as well as for the operation and interconnection of national or foreign networks and their overall actions.
14 TRANSFER OF RIGHTS
14.1 The rights arising from this Agreement are transferred only with the written consent of OTE. In this case, this Agreement is terminated and a new one is signed with the transferee. The Subscriber and the transferee are jointly responsible for any financial claims of OTE for services provided before the date of transfer and not invoiced by that date for any reason.
14.2 OTE may transfer the rights arising from this Agreement or individual claims arising from it.
15 COMPLETE AGREEMENT – AMENDMENT – WAIVER
15.1 This Agreement is the complete and sole agreement between OTE and the Subscriber and prevails over any prior written or oral agreement or communication with OTE or its representatives.
15.2 OTE is entitled to modify the terms of this Agreement according to the current legislation as stated in the above General Terms.
15.3 Non-exercise or partial exercise by OTE of any right arising from this Agreement cannot be considered a waiver of that right, nor does it preclude its exercise in the future.
15.4 The invalidity of any of these terms does not affect the validity of other terms or the Agreement. The remaining terms remain in force and fully develop their legal effects.
16 DISPUTE RESOLUTION
The Subscriber may submit a written complaint to the Customer Service Department of COSMOTE in cases where they believe that OTE does not fulfill its contractual obligations. If OTE considers the Subscriber's complaint justified, it will refund any amounts paid by the Subscriber. The Subscriber can contact the Customer Service Department of COSMOTE by calling 13888 (charged according to the COSMOTE's current price list) or by sending a letter to 99 Kifisias Ave., 115 24, Marousi, or via the Contact Form at www.cosmote.gr > Support > Contact us > Contact Form.
The Consumer Ombudsman, in collaboration with HTPC (the Hellenic Telecommunications & Post Commission), if deemed necessary, handles out-of-court disputes between Subscribers and OTE regarding contractual terms and/or the execution of this Agreement. In case the Subscriber comes from another EU member state, the Consumer Ombudsman coordinates efforts with the respective competent authority of that member state to resolve the dispute.
Any dispute between the Subscriber and OTE regarding or arising from this Agreement will be settled by the Courts of the residence or headquarters of the Subscriber or the place of formation of the contract, applying Greek Law.
17 TELEPHONE DIRECTORIES
Subscriber data (name, surname, father's name, address) are included in printed or electronic directories of OTE and/or third parties and may also be provided through the reverse search function (name search via telephone number). The Subscriber has the right to check and correct their data and to request the publication of additional data or to request exclusion from a printed or electronic directory.
18 PERSONAL DATA FILE
Regarding the processing of personal data for the provision of OTE mobile telephony services, the Subscriber can find information in the relevant text posted at link www.cosmote.gr/dataprivacypolicy.