AGB

  1. This Agreement is between Vanilla Telecoms Ltd. ("Vanilla") and the Customer as identified in the Service Order Form. The Agreement governs the terms and conditions under which Vanilla provides telecommunication services ("Services") to the Customer. By signing the Service Order Form or using the Services, the Customer agrees to be bound by these terms and conditions.
  2. The initial term of the Agreement shall commence on the date of the signed Service Order Form and shall continue for the period specified in the Service Order Form ("Initial Term"). After the Initial Term, the Agreement shall renew automatically for successive periods equal to the Initial Term (each a "Renewal Term"), unless either party provides written notice of termination at least 30 days before the end of the then-current term.
  3. The Customer shall pay for the Services as specified in the Service Order Form. The charges for the Services include any applicable taxes and fees, which are the responsibility of the Customer. All charges are payable in advance, and any payment not received within 30 days of the invoice date may be subject to late fees, collections fees, equipment replacement costs, and termination of Services.
  4. The Customer acknowledges and agrees that Vanilla may change the rates and charges for the Services at any time, subject to providing the Customer with at least 30 days written notice. Any changes to rates and charges shall take effect at the beginning of the next billing cycle following the effective date of the change.
  5. The Customer is responsible for providing all necessary equipment, hardware, and software to access and use the Services. Any equipment, hardware, or software provided by Vanilla is subject to the manufacturer's warranty and policies.
  6. The Customer shall not use the Services for any unlawful, harmful, or abusive purposes, nor shall the Customer interfere with the normal operation of the Services or the network. The Customer shall comply with all applicable laws and regulations when using the Services.
  7. Vanilla shall provide the Services on a best-effort basis and makes no guarantees or warranties regarding the quality, reliability, or suitability of the Services for the Customer's specific needs. The Services may be subject to temporary traffic management measures, network congestion, and other factors that may affect performance.
  8. In the event of excessive or abusive usage of the Services, Vanilla reserves the right to take appropriate action, including notifying the Customer, suspending or terminating the Services, or imposing additional charges. Any such actions will be taken in a proportionate and non-discriminatory manner, and will not impact the privacy of end-users.
  9. If the commencement of service is not possible due to technical or feasibility issues encountered by Vanilla, Vanilla will inform the Customer in writing within 14 working days from the date of the contract that installation is not possible, and this contract will be deemed to be canceled by both sides without penalty.
  10. The Customer agrees that any failure to pay for Services thirty (30) days after the invoice date shall subject the Customer to: a) A 1.5% late fee charged per month b) A €50.00 fee for any and all collection attempts necessary to rectify and/or reactivate any delinquent account and/or Services (the ‘Collections Fee’) c) Charges for any Vanilla equipment replacement costs, if applicable and d) The termination of any and all Services purchased by the Customer under any Agreement with Vanilla.
  11. The Customer is required to provide Vanilla with updated and current contact information at all times during the Term. The Customer agrees to assume any and all costs and expenses incurred by Vanilla in connection with collecting any and all unpaid amounts, including, but not limited to reasonable attorneys’ fees. In addition, any and all returned cheques shall incur a €10.
  12. Vanilla provides the Services using technology at its sole discretion. The connection speed provided reflects the Fixed Services subscribed to, with the understanding that the actual download speed may vary due to factors such as network congestion and internet traffic.
  13. Accepted methods of payment include bank transfer, cash, cheque, PayPal, and Visa/Mastercard.
  14. Emergency services, such as 112, are available through the Vanilla SIP platform, but an internet connection is required for the service to work.
  15. Customers are granted access to Vanilla's self-care user portal and are responsible for ensuring that their information is correct and up-to-date at all times. Itemised billing for the Cempilli platform can be obtained through the portal at https://selfcare.vanilla.net.mt.
  16. Telephony services are prepaid unless otherwise agreed upon in writing. The customer is responsible for maintaining sufficient funds in their account for making and receiving calls and paying recurring charges, including line and number rental charges. If insufficient funds result in a failure to renew these charges, the customer's account may be suspended, and numbers may be unallocated. Vanilla is not liable for any damages resulting from disconnections due to insufficient funds.
  17. By completing a telephony purchase, you acknowledge that the Telephony services are non-refundable digital goods, and chargebacks on successfully delivered telephony services will be contested and reported as fraud.
  18. eSIMs are delivered as a QR code. Viewing or scanning this QR code constitutes full delivery and consumption of the product.By completing this purchase, you acknowledge that eSIMs are non-refundable digital goods, and chargebacks on successfully delivered QR codes will be contested and reported as fraud
  20. Customers wishing to port their numbers to the Vanilla network from another network must fulfil all porting requirements, including completing the necessary forms and providing requested documentation.
  21. If a customer initiates porting a number associated with a Vanilla account, they must ensure that all required documentation is provided to their new operator. Some international numbers might not be eligible for porting.
  22. Post-paid customers may only terminate their account or port out services after all outstanding charges are paid in full. Exceeding agreed credit terms may result in service suspension until the account is settled.
  23. The Customer acknowledges that due to the nature of the Services being delivered over IP (Internet Protocol), technical disruptions in their Internet service may impact the quality or availability of their telephony service.
  24. Vanilla's services are subject to a fair usage policy. If a customer is found to be making unreasonable or automated use of their telephone line, Vanilla reserves the right to terminate the services after providing a 24-hour warning.
  25. This Agreement is governed under the laws of Malta, and any disputes arising between the parties shall be resolved by the Maltese Law Courts.
  26. The Customer acknowledges that Vanilla is not liable for any damages resulting from installation delays or service failures. Vanilla makes no guarantees or promises regarding the exact date of complete installation and the operational status of the customer's Services.
  27. Services provided by Vanilla are 'as is', and Vanilla makes no warranty of any kind, expressed or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Vanilla assumes no responsibility for errors or omissions in the Services or associated documents, and all references to third parties, their services, and products are provided "as is" without warranty of any kind.
  28. In accordance with the MCA;s Decision Notice on preventative measures to mitigate CLI spoofing and
    vishing scams, with effect from 1 November 2024, telephony providers in Malta, including Vanilla Telecoms may block calls that correspond to the following scenarios in order to prevent potential scam calls:
    1) Calls where the calling party number is a Maltese phone number starting with ‘1’, ‘2’, or ‘8’ towards
    foreign numbers that are forwarded to a Maltese number;
    2) Calls where the calling party number is a Maltese phone number starting with ‘1’, ‘2’, or ‘8’ towards
    outbound roamers that are late forwarded to a Maltese number; and
    3) Calls where the calling party number is a Maltese phone number starting with ‘1’, ‘2’, or ‘8’ originated
    through ‘overseas solutions’ (e.g. internet-based or cloud-based telephony services) offered by
    unauthorized telephony providers.