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TERMS AND CONDITIONS FOR POST PAID CUSTOMERS APPLICABLE TO THE DIGICEL

Postpaid Anywhere Plans

1. Digicel Postpaid Anywhere Plans (‘Postpaid Anywhere Plan ’) are special per minute voice rate tariffs that are available for the benefit of all Digicel Post Paid and Dual Account Customers except as set out below (‘Customers’).

2. The Postpaid Anywhere Plans are available to Postpaid Customers from 15th April 2012 and shall continue until such date as otherwise determined by Digicel (“the Postpaid Anywhere Plan Period”).

3. Already existing postpaid Customers must ‘opt in’ to participate in the Postpaid Anywhere Plan by dialling the USSD short code *155# on their mobile handset then press ‘send’ and select a new Postpaid plan from the plan options returned.

4. New Customers are required to visit a Dealer Store with a national ID, proof of billing address and deposit to sign up for a Postpaid Anywhere Plan;

5. Customers are not charged for opting in to or opting out of a Postpaid Anywhere Plan. By opting in to a Postpaid Anywhere Plan the Customer is required to select and subscribe to any of two (2) available monthly Postpaid Anywhere Plans as detailed on Digicel’s website. The opt-in for existing postpaid Customers requires 2 steps, and as such the Customer will have the chosen Postpaid Anywhere Plan activated in 24hrs;

6. A Postpaid Anywhere Plan entitles Customers to avail of a single bundle of voice minutes and a bundle of text messages which may be used each month for making on-net calls to Digicel numbers (and on-net text messages) and off-net outgoing calls to Jamaican domestic fixed and mobile telecommunications networks, namely LIME and Flow, irrespective of the time of day. The Customer’s precise allocation of bundled minutes and texts are determined by the particular Postpaid Anywhere Plan which the Customer selects when subscribing, details of which can be found on Digicel’s website. All text messages provided in all plans may be used on-net to Digicel numbers only.

7. Postpaid Anywhere Plan bundled minutes and text allocations are valid for the duration of the Customer’s monthly billing cycle. Bundle minutes and text allocations are renewed each monthly billing cycle whilst the Customer remains subscribed to a Postpaid Anywhere Plan.

8. Any unused bundled minutes will roll over for one month only and may be used by the Customer during the month immediately following its initial allocation to the Customer. Any unused bundle minutes from the previous month may only be used by the Customer following use of the current month’s allocation of bundled minutes.

9. The Customer’s allocation of bundled texts will expire at the end of each monthly billing cycle and do not roll over for use in a subsequent billing cycle.

10. Calls and texts made by the Customer within their bundled minutes or texts will not be charged as payment for these calls and texts are included in the monthly Postpaid Anywhere Plan subscription fee.

11. Once the Customer exhausts all the allocated bundled minutes or texts in his/her monthly Postpaid Anywhere Plan the Customer’s calls and texts will then be charged at his/her normal rates for any on-net calls made to Digicel numbers and will be charged the special $8.99 ‘One Rate’ for any off-net outgoing calls to Jamaican domestic fixed and mobile telecommunications networks, namely LIME and Flow, irrespective of the time of day.

12. Customers who have opted in and are active on a Postpaid Anywhere Plan will have any calls or texts made outside of their bundled minutes allocation or text message allocation charged in accordance with the out of bundle rates as specified in the applicable Postpaid Anywhere Plan (“Out of Plan Charges”). All Out of Plan Charges will be billed to Customers as a part of their normal billing cycle.

13. All other calls, not covered by the Postpaid Anywhere Plan or Out of Plan Charges will be billed to Customers at Digicel’s standard rates as time to time in force and are excluded from the Postpaid Anywhere Plan.

14. Once a Customer ‘opts in’ to the Postpaid Anywhere Plan they shall remain subscribed until either the Customer chooses to ‘opt out’ in accordance with these terms and conditions or if Digicel has in its sole discretion determined to withdraw the Postpaid Anywhere Plan.

15. Once a Customer opts out of the Postpaid Anywhere Plan or if it is withdrawn by Digicel then the Customer shall be automatically provisioned on the monthly subscription plan which the Customer was last on prior to opting into a Postpaid Anywhere Plan or onto the Digicel Select 1000 Plan, whichever is the greater.

16. Postpaid Anywhere Plan Customers must remain subscribed for a minimum period of 30 days from the date of opting in before they are eligible to opt out.

17. Postpaid Anywhere Plan Customers may opt in at any time during the Customer’s normal monthly billing cycle. Once the Customer Opts in, the Customer’s initial Postpaid Anywhere Plan monthly subscription fee and bundled minutes and text allocation shall be prorated to the start of the Customer’s next billing cycle, following which the Customer will be charged the full subscription fee associated with the specific plan selected for all future billing cycles under the Postpaid Anywhere Plan and shall receive his/her full allocation of bundled minutes and text messages.

18. Customers who elect to opt out of the Postpaid Anywhere Plan may do so by dialling USSD short code *155*9#, provided always that Customers are not permitted to opt out within 30 days from the date when they last opted in to the Postpaid Anywhere offer.

19. Calls made by Customers to any other numbers (i.e. toll free, special service, premium rated numbers, international destinations etc…) not specified in these terms and conditions, will continue to be charged at Digicel’s prevailing standard rates and are not eligible for the special voice rate per minute under the Postpaid Anywhere Plan.

20. Customers subscribed to the Postpaid Anywhere plan can participate, subject to eligibility, and can benefit from Digicel’s other value promotions as time to time in force, such as Digicel’s Gimme 5, International Calling plan and Free Nights and Weekends promotions and other product or value offers where eligible.

21. Customers use of bundled minutes and texts that are a part of the Postpaid Anywhere Plan will not be eligible for use or participation in the Gimme 5 promotion or any similar promotion in force from time to time, though any on net call minutes or on net texts which are made in the Postpaid Anywhere Plan as Out of Bundle Charges may be eligible for Gimme 5 promotion entitlements.

22. Customers who subscribe to Digicel’s Free Nights and Weekends promotion, whether as a part of the Postpaid Anywhere Plan or otherwise, will retain the benefits associated with Digicel Free Nights and Weekends for all on net calls made in accordance with that promotion. Postpaid Anywhere Plan Customers who subscribe to Free Nights and Weekends will not utilize their bundle minutes for any on net calls made in accordance with that promotion.

23. Special Corporate and WiMAX customers are excluded and not eligible for participation in the Postpaid Anywhere Plan.

24. Calls that are a part of any other discounted call offer are excluded from Digicel Postpaid Anywhere Plan.

25. Digicel Postpaid Anywhere Plan does not apply when the Customer is roaming and is only valid when the Customer is making calls in Jamaica.

26. Digicel Postpaid Anywhere Plan remains effective for a minimum of thirty (30) days after opt in activation.

27. Digicel Postpaid Anywhere Plan only applies to voice calls and on net text messages.

28. On-Net means Digicel-to-Digicel calls (mobile and fixed Wireless Broadband).

29. Off-Net means calls to Other Mobile numbers (LIME) and Other Fixed line numbers (LIME and FLOW)

30. The Postpaid Anywhere Plan is not available to Customers with hybrid accounts.

31. Digicel reserves the right to at any time; with or without notice vary the terms and conditions of the Postpaid Anywhere Plan offer, to amend its Terms and Conditions, or to withdraw the Postpaid Anywhere offer. In the event of Digicel giving notice to Customers of any such changes to, withdrawal or cancellation of the Postpaid Anywhere Period, it shall suffice for Digicel to give Customers notice via messages to Customer handsets or to post such notification on Digicel’s website. Any such notification shall be effective immediately or as of the date referred to in such notifications.

32. The general Terms and Conditions governing the relationship between Digicel and Digicel SELECT Customers remain applicable.

 

Free Nights and Weekends Promotion

1. The Free Nights and Weekends‟ promotion (“the Promotion”) is available to Digicel Postpaid Customers (“Customers”) ONLY.

2. The Promotion commenced on Sunday, February 15, 2009, and shall continue until such time as may be determined by Digicel.

3. During the Promotion, Customers will enjoy FREE Digi to Digi calls and text messages during the “night” from 08:00:01pm to 7:59:59am the following day, from Mondays to Thursdays; and during the “weekend” starting from Fridays 8:00:01pm and ending at 7:59:59am on Mondays (“the service period”), when they subscribe to the „Free Nights and Weekends‟ Plan (“the Plan”).

4. The Plan will be valid for thirty (30) days after activation.

5. The Promotion only applies to Digi to Digi calls and text messages. These are calls and text messages which are made from one Digicel Customer to another Digicel Customer.

6. International Calls and text messages; along with calls and text messages made to Customers which are on other networks such as LIME and Claro are NOT eligible for the Promotion.

7. Customers must register for this Plan. They can do so by entering a USSD code of *138# and following the instructions.

8. Calls made and text messages sent must be done during the “usage window”, that is in the “night” or on the “weekend”, to qualify for this offer.

9. “Night” is considered to begin, Mondays though Thursdays, from 8:00:01PM to 7:59:59AM on the following day.

10. “Weekend” is considered to begin from Fridays at 8:00:01PM through to Mondays at 7:59:59AM.

11. Fair usage of calls on any day, by any Customer, during the Promotion Period, is expected to be below four (4) cumulative hours.

12. Fair usage on text messages sent on any day, by any Customer, during the Promotion Period, is expected to be below fifty (50) messages per day.

13. Day is defined as “any 24 hour period”.

14. Excessive volume or duration of calls will constitute abuse.

15. Abuse will be determined at Digicel‟s discretion, acting reasonably.

16. Customer will be charged regular rates, if the Customer spends more than four cumulative hours on the phone or sends more than fifty messages within a day.

17. Calls and text messaging must commence at 08:00:01PM from Monday to Thursday, or after, to qualify for free nights. Calls which begin before 08:00:001PM, Monday to Thursday, will be charged at the regular rate. If a Customer is on a call at 7:59:59AM on any day except on the weekend, Customer will be charged at the regular rate starting at 08:00:00AM.

18. Calls and text messaging must commence at 08:00:01PM Fridays or after to qualify for free weekends. If a Customer is on a call at 7:59:59AM on Mondays, then charging at the regular rate commences at 8:00:00AM.

19. Dual Account Holders can benefit from the Plan, however they cannot access *138# at this time, Digicel will make direct contact with these customers to initiate and complete registrations. Once provisions have been made for Dual accounts customers to access *138# such customers will be notified.

20. They must dial using the 7 digit format or 1876XXXXXXX format to access the postpaid side of the account.

21. If a Customer is credit limit barred, the Customer may still make Digi to Digi calls during the service period because calls during the service period are free of cost and will not use available credit.

22. To qualify for the Promotion, customers must make these calls in Jamaica.

23. The Promotion does not apply whilst roaming.

24. Digicel reserves the right to at any time vary the terms of the Promotion, to amend its Terms and Conditions, or to withdraw the Promotion. In any of these events notice will be given via media advertisements or Digicel‟s website or messages to subscribers and will be effective immediately or as of the date referred to in such notifications.

25. The general Terms and Conditions governing the relationship between Digicel and both its Digicel FLEX Subscribers and its Digicel SELECT Subscribers are set out in Digicel FLEX Terms and Conditions and Digicel SELECT Terms and Conditions.

Postpaid Free Nights and Weekends

1. What is the „Free Nights and Weekends‟ plan?

  • Digicel Free Nights and Weekend Plan is a Promotion that offers our Post-paid customers ONLY Free calls and SMS to Digicel Numbers during the Promotion offering time.
  • Free Nights period is defined as Mondays – Thursdays (8:00:01PM – 7:59:59AM) each day.
  • Free Weekends period is defined as Fridays (8:00:01PM) – Mondays (7:59:59AM)
  • All calls/SMS outside of the Promotion offering time are chargeable as usual/or will use the appropriate bundles.

Note: There is fair usage limit of four (4) hrs of talk-time and fifty (50) SMS each day. 3

2. What is the subscription fee for the Free Nights and Weekend Plan?

  • The subscription fee for the Digicel Free Nights and Weekend plan is JMD $350 per month.

3. How does the „Free Nights and Weekend‟ plan work?

  • Postpaid customers will sign up via *138# short code.
  • Once a Digicel customer has activated the service, they will be able to Call and Text Digicel numbers for free during the Promotion offering time.
  • Note: There is a fair usage limit of four (4) hrs and fifty (50) SMS per day.
  • Each plan is active until the end of the month and is automatically renewed then.

4. What is the Free Nights and Weekend time period?

  • Free Nights period is defined as Mondays – Thursdays (8:00:01PM – 7:59:59AM) each day.
  • Free Weekends period is defined as Fridays (8:00:01PM) – Mondays (7:59:59AM)

5. Who can activate the Free Nights and Weekend plan?

  • Postpaid customers only.

6. How do I activate the „Free Nights and Weekend‟ plan?

STEPS:

1. Dial “*138# SEND” to initiate the Free Nights and Weekend plan.

2. Once the request is received the customer will receive instruction via text messages as seen below:

  • “You have selected Digicel‟s Free Nights and Weekends plan activation. To confirm and accept charges of $350.00 dial *138*1#. To cancel dial *138*9#”
  • Once the customer has confirmed and accepted charges using *138*1#, they will be notified via text message.

3. Once the activation is complete, a final confirmation text message is sent advising the customer that the plan is now active.

4  “Thank you for signing up for Digicel‟s Free Nights and Weekends, your plan will expire on ^EXPIRE_DATE^. Digicel, Jamaica‟s Bigger Better Network”

NOTE:

  • The customer can only activate one plan per 30-days period.
  • A plan is valid for 1 month (i.e. 30 days), after which the plan will be renewed.
  • Customers will be billed as per their billing cycle, and be charged prorated fees if they activate a plan after the 1st day of the month
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