These terms and conditions shall govern the relationship between Digicel Aruba hereinafter referred to Digicel, and the user of e-bill service.
These Terms and Conditions annul all prior understandings between the user and Digicel. By using the services, user agrees to these Terms and Conditions.
1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms
1.2 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
1.2.1 “Application Form” means the online application form completed and accepted by Customer for the initiating of the ebilling, as same may be amended from time to time in terms of the agreement
1.2.2 “eBilling” means the services Digicel renders to Customer in accordance with Customers choices, as set out in the online application Form under such heading or description whereby invoice/s will be created and delivered via e-mail to the recipients, as determined by Customer;
1.2.3 “General Terms” means the terms and conditions set out in the general Terms and Conditions for Digicel’s customers.
1.2.4 “Invoice/s” means invoice/s created in a secure electronic format.
2.1 eBilling shall commence with effect from the date of activation of eBilling by Digicel and endure for an initial period of selected by customer in the application Form (hereafter referred to as the “initial Period”
2.2 Either Party may terminate eBilling at any moment by giving the other Party at least 1 (one) calendar month written notice prior to the end of the commencement date.
2.3 If neither Party has given notice as contemplated in clause 2.2. above, eBilling shall endure indefinitely thereafter on the same terms and conditions, provided that either Party shall be entitled to terminate eBilling on 1 (one) calendar month written notice to the other to that effect.
2.4 In the event of termination, Customers’ use of eBilling shall be deemed terminated. However, in the event that Customer logon to eBilling following a termination, the terms and conditions of the Agreement will apply to Customer. This shall in no way constitute a revival of the Agreement between the Parties and Digicel shall furthermore be entitled to terminate eBilling without notice to Customer.
2.5 To the extent that eBilling provided to Customer is suspended by Digicel for any reason whatsoever, Customer acknowledges that it will forfeit its access to and/or use of eBilling. but Customer shall still be liable to pay eventual costs for the Service during such suspension.
3.1 The eBilling service shall be used by Customer when the Customer logs into his/her billing account. eBilling is free of charge.
4. UNDERTAKINGS AND ACKNOWLEDGE
4.1 Digicel undertakes to user its reasonable endeavors to provide Customer with eBilling on a 24 (twenty four) hour per day basis on each and every day for the continued duration of eBilling.
4.2 Although Digicel use reasonable care and diligence to ensure that eBilling is available, accurate, complete, correct, error free, secure, up to date and/or reliable Digicel does not warrant, represent or in any way guarantee, either expressly or by implication that eBilling is available, accurate, complete, correct, secure, up to date and/or reliable. Digicel does not warrant, represent or in any way guarantee, either expressly or implication the merchantability or fitness for a particular purpose. Customer therefore agrees that eBilling is rendered “as is” and “as available” and is used at the Customers’ own discretion and risk.
4.3 Customers acknowledge that the following circumstances and events may impact upon its use of eBilling and further that these circumstances and/or events are beyond Digicel’s control: (i) use of eBilling by other customers; (ii) limitations upon national and/or international bandwidth capacity; (iii)telecommunication service operator failures, which includes telecommunication links and line failures; (iv)operating systems; (v) access technology failures; (vi) quality of service of telecommunication links or lines; (vii) any action, omission and/or failure by customer and/or his/her/its systems, network and/or equipment which has an impact on eBilling; and (viii) any other action, omission and/or failure not within Digicel’s control which has impact on eBilling.
5. TERMS AND CONDITIONS SPECIFIC TO EBILLING
5.1 Customer acknowledges and agrees that the eBilling service is only intended for use in Curacao to issue invoices in terms of Netherlands Antilles law.
5.2 Digicel will use its best endeavours to ensure that the underlying system whereupon eBilling operates comply with the requirements, as laid down by the services for electronic invoices. For the avoidance of doubt this will not include any obligation Customer has in terms of the Agreement including these Products Terms.
5.3 Customer acknowledges and agrees furthermore that it shall:
5.3.1 ensure that any template invoice required by Digicel to provide eBilling complies with the requirements of any law and/or regulation applicable to it.
5.3.2 not use eBilling for any illegal activity.
5.3.3 not use eBilling to infringe the intellectual property rights or other proprietor rights of Digicel or ant third party; and
5.3.4 not send invoices to recipients who have advised customer that they do not wish to receive invoice/s in an electronic format;
5.4 Although Digicel have used and is using its reasonable endeavours to ensure that eBilling is compatible with accounting packages/system commercially available in Curaco, eBilling is provided “as is” without any guarantees, warranties and or representations of any kind, either express or implied and Customer is therefore using eBilling at its own discretion and risk
5.5 Customer acknowledges that all title and intellectual property rights in the eBilling, is owned by and shall remain vested in Digicel and/or its licensors.
5.6 Although Digicel will use its reasonable endeavours to deliver/transmit/send all invoices, as scheduled by Customer it shall, without limiting the generality of the Agreement, assume no responsibility for the failure, delay or interruption of the delivery/transmission/sending of any invoice, or loss of any invoice.
5.7 Digicel shall at all times ensure that it uses the correct and complete e-mail addresses when sending invoices. Digicel shall, without limiting the generality of the agreement, not be held responsible for any Invoices sent to wrong recipients or wrong incomplete e-mail addresses.
5.8 For the purposes of these terms an invoice would be deemed to have been delivered/transmitted/sent the moment Customer activated such invoice to be sent using eBilling.
5.9 Customers accepts full responsibility for the content of any Invoice delivered via eBilling. Customer furthermore agrees that Digicel has no interest in the contents of any Invoice and agrees that nothing that Digicel does in the performance of its obligations in terms of eBilling shall be construed as an assumption of responsibility or liability by Digicel for any invoice delivered on behalf of Customer and/or the content of such invoice whether or not Digicel had knowledge of such content.
Without limiting the generality of the General Terms and use policies customer hereby indentifies Digicel and holds it harmless against any liability and or any claim of whatsoever nature made by any person for any loss or damage suffered or arising directly or indirectly from the sending of invoices and/or the content of such invoices via eBilling.
5.10 Without limiting the generality of the General terms Digicel will use its reasonable endeavours, to protect the confidentiality and security of customer’s information (including e-mail addresses where invoices are sent to) as well as the content of such invoices, but will only do so to the extent that it is under the control of Digicel. Digicel however does not warrant that the use of eBilling will be confidential and secure and hereby expressly disclaims all warranties of any kind, whether expressed, or implied, for the confidentiality security of Customers information or the content transmitted through eBilling. Digicel will however undertake not use such information and/or invoice content for its benefit or disclose and/or sell such information and/or content to any third party.
5.11 Digicel shall use its reasonable endeavours to have all invoices sent via eBilling available to Customer and/or the recipients thereof in e secure environment on the internet.
Digicel shall thereafter use its reasonable endeavours to archive such invoices, which archived invoices will be available to Customer on written request to Digicel. Customer acknowledges and agrees that nothing in this clause constitutes an agreement or creates any obligation on Digicel to attend to the storage and/or availability of information on behalf of Customer in terms of any law, regulation and/or agreement in any way whatsoever and is merely done to convenience. It shall be Customer’s sole responsibility to comply with any law and/or regulation relating to the storage of such information.