Digicel (Barbados) Limited
Terms & Conditions of Postpaid Mobile Telephone Service
1.1 These words mean the following: “Account” the account where we record your credit and charges and personal details; “Content” all information whether textual, visual, audio, internet or otherwise, appearing on or available through the Service including information supplied between content providers; “Contract” the application form, these terms and conditions and our current Price List; “Deposit”sum we may ask you to pay from time to time before (a) Registration; (b) supplying you with Optional Services; (c) reinstating Service after Suspension; “IP Rights” means copyrights, trademark and other relevant proprietary and intellectual property rights; “Minimum Period” a 12 month period,or such longer period agreed between ourselves in writing; “Optional Services” all goods, products and value-added and other services provided by us in addition to cellular telephone services as set out in the application form; “Phone” a mobile phone and SIM approved by us for connection to the Network;” Price List” a periodically updated publication which lists our current Tariffs for Services; “Network” the mobile telecommunications system run by us in Barbados; “Registration” our acceptance of your application for Service; “Register” has a corresponding meaning; “Rate Plan”a bundle of airtime and supplementary Services (if any) offered to you for an agreed monthly fee; “Roaming” making and receiving calls whilst abroad via a local network operator; “Service” the cellular telephone services and the Optional Services provided by us to you; “SIM” a card or other device (which remains our property) bearing a unique telephone number and which is programmed to allow you to access the Network; “Suspension” the temporary disconnection placed by us on some and/or all the Services you normally use (except calls to emergency services); “Suspend” has a corresponding meaning; “Tariffs” all charges for Service as published in our periodically updated Price List; “User Guide” any guide or documentation supplied with your Phone either by us or the manufacturer of your Phone explaining how the Service works and/or how to use your Phone; “we” “us” and “our” Digicel (Barbados) Limited, having its principal place of business at The Courtyard, Hastings, Christ Church, Barbados, registered in Barbados under No. 19797; and “you” and “your” the person set out in the application form, including persons we reasonably believe are acting with your authority or knowledge.
1.2 The Price List contains explanations, notes and conditions that form part of this Contract a copy of which is available when you purchase your Phone or may be obtained from us.
1.3 This Contract constitutes a legally binding agreement between you and us that will be effective on the Registration date until the end of the Minimum Period. At the end of the Minimum Period, Service will be supplied to you until the Contract is terminated. By using the Service you agree to be bound by this Contract.
2 CREDIT ASSESSMENT AND DEPOSIT
2.1 All applications for Registration are subject to a credit assessment. If in our assessment you do not meet our credit requirements we reserve the right not to Register you or require a Deposit from you. We accept no responsibility for the accuracy of information provided by credit reference agencies. Nor do we accept any liability for the consequences of our declining to Register you. If we request a Deposit we will not pay interest on it. Without prejudice to any other rights or remedies available to us under this Contract, at law or in equity, we may off-set the Deposit against amounts due by you. The Deposit is refundable after this Contract has terminated and you have paid all amounts due to us.
3 PROVISION OF SERVICE
3.1 Service is not available in all parts of Barbados, nor in all other countries. The quality and availability of Service may vary from place to place,and time to time. Service is not fault-free and may be affected by factors outside our control, including but not limited to physical obstructions, geographic and atmospheric conditions, radio interference and faults on other telecommunications systems connected to our Network.
3.2 The Network and the Services may from time to time require upgrading, modification, maintenance or other work, which may result in partial or complete non-availability of Service.
3.3 We may vary Content or the technical specification of Service from time to time.
3.4 As part of the Service we provide you with access to Content. Under no circumstances will we be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors,defects, interruptions, malfunctions or delays in Content, or the provision of Content, for which a third party is responsible. We agree to rectify any such problems in the Content over which we have operational control after it has been notified to us as soon as we can. If you do notice a fault or error in the Content over which we have operational control, please notify the fault to us.
3.5 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
3.6 You may only use Content in a way that does not infringe the IP Rights of others (“Approved Use”) and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast or publish any part of the Content other than for an Approved Use. The reselling, copying or incorporation into any other work of part or all the Content in any form is prohibited save you may print or download extracts of Content for your personal use only.
4 YOUR TERMINATION RIGHTS
4.1 You may terminate this Contract after the Minimum Period by giving us at least 30 days prior written notice.
4.2 If you terminate this Contract prior to the expiration of the Minimum Period you agree to pay us: (a) all charges that are due, plus (b) a lump sum equivalent to all of the monthly subscription charges still remaining up to the end of the Minimum Period.
5 PAYMENT FOR THE SERVICE
5.1 We reserve the right to: (1) amend the invoice period by providing you with at least thirty days notice.
5.2 Bills are sent to the billing address found on the application form, unless you notify us in writing.
5.3 You must advise of any dispute on a bill before paying the bill. Failure to do so before paying the bill means that you be liable for those charges. We will investigate disputed charges and notify you of the results. If charges are indeed errors,a credit will be applied to your Account.
5.4 Payment is due on the date for payment stated on your bill. You must pay your bill by that date. If payment is overdue we may charge interest at an annual rate of 2% above the prime rate of the First Caribbean International Bank (Barbados) Limited (or the maximum rate permitted by law) calculated daily from the date of which payment was due until the date of actual payment. We reserve the right to make a charge for reasonable cost (including attorney and collection agency fees) incurred by us for late payment, non-payment of bills, for return fees should your method of payment be dishonoured, or in enforcing our rights hereunder.
5.5 We shall apply a credit limit to your Account and Suspend Service if it is exceeded. We may alter your credit limit and advise you. For avoidance of doubt, you are liable for charges incurred in excess of your credit limit.
5.6 Where tariffs include inclusive minutes, which apply to certain call types up to a monthly limit, unused inclusive call minutes cannot be carried forward from one month to the next. Eligible calls will be set against inclusive minutes in the order in which such calls are made. Plans include bundled minutes. Eligible calls will be set against bundled minutes in the order in which such calls are made. Unused bundled minutes shall be carried over to the next month only and used after bundle minutes are exhausted.
5.7 Monthly charges incurred for periods of less than a month will be calculated on a pro rata basis.
5.8 Call charging rates that vary according to time of day (“Band”) which extend across more than one Band are billed according to the duration of the call in each Band multiplied by the applicable tariff for the Band.
5.9 Calls are charged in 1 second increments rounded up to the nearest second and then to the nearest cent (unless otherwise stated in the Price List).
5.10 You will be responsible for paying all charges on your Account, whether or not incurred by you personally. Notwithstanding Clause 5.10, you will not be liable for charges incurred on your Account after you have notified our customer department that the Phone or SIM is lost, stolen, damaged or destroyed.
5.11 While Roaming you will be charged for incoming and outgoing calls, to send text messages and transmission of data, and you may be charged to receive text messages. Roaming charges may include minimum charges and vary depending on the foreign network used and exchange rates.
6 YOUR RESPONSIBILITIES
6.1 You agree: (a) and warrant that all factual information provided by you is correct; (b) to take adequate precautions to prevent damage to, or unauthorised use or theft of the Phone; (c) that the telephone numbers and SIM allocated to you remains our property; (d) not to interfere with the SIM for any reason; (e) at our request, to return the SIM to us, or anyone acting on our behalf; (f) to comply with all reasonable requests by us (or our agents), particularly in relation to the investigation of fraud or other offences or as required by law or in legal proceedings; (g) not to act in a way, whether knowingly or otherwise, that will impair the operation of the Network or any part of it,or put it in jeopardy; (h) to give us (or our agents) information we (or our agents) reasonably ask for, including but not limited to, security checks before providing you with information about the Account; (i) to follow reasonable instructions we give you; (j) to use the Phone exclusively with our Service; (k) not to do anything intended to avoid or evade our legitimate charges; (I) not to do anything that is intended to, or results in, or is likely to bypass our Network and/or Service; (m) to inform us in writing if any information on your application form changes; (n) to exclusively use the Phone and SIM in Barbados other than when Roaming with our Service; (o) not to export the Phone for profit.
6.2 You agree not to use the Phone or Services: (a) other than as described in the User Guides or instructions issued by us (or our agents) from time to time; (b) for anything unlawful, immoral or improper; (c) with equipment we have not approved for use with our Network; (d) other than in accordance with all relevant laws and regulations; (e) to send, receive, upload, download or otherwise facilitate material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy or unlawful; (f) to access or use Content that infringes the rights of others; g) other than in accordance with acceptable use policies of any connected systems and (if appropriate) any relevant Internet standards;and (h) in a fraudulent or improper manner.