Postpaid Data Plan Terms of Use | Digicel Bermuda

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Phones from Free Promotion

Terms and Conditions

1. Definitions

In these terms and conditions ‘Promotion’ means an offer devised to promote usage of the cellular phone service offered by the Company. 

2. Agreement

The ‘Phones from Free Promotion’ terms and conditions (“these terms and conditions”) shall govern the relationship between Digicel (Bermuda) Limited (hereinafter referred to as "we", "us" "our" and "the Company") and the user (hereinafter referred to as "you", "your" and "the Customer") of the Company’s ‘Postpaid Smartphone Plan’ (hereinafter referred to as ‘The Promotion’).

By purchasing the featured device on offer and activating a voice and data plan, you have agreed to the Terms and Conditions.

By signing a Handset Installment Agreement, you have agreed to the Terms and Conditions.

Additionally, by using your Digicel mobile service, you have agreed to these Terms and Conditions.

‘The Promotion’ commences on Friday, June 19th 2015 at 12:00PM and is will terminate on Friday, September 18th 2015 at 6:00PM. Digicel reserves the right to terminate or extend this promotion at any time.

We reserve the right to amend or unilaterally change ‘The Promotion’ and/or these Terms and Conditions subject to 

notifying you of such amendments or changes. Such notification may be by way of advertisement in the national media, SMS text messaging and/or our website. If your Digicel mobile phone is used by you after notice of any amendment or change, then you shall be deemed to have accepted same.

This agreement is governed by the Laws of Bermuda.

3. Promotion Description

The promotion allows new and existing customers the chance to get a discount up to 100% off the purchase on a new device, when signing up for a 24 month smartphone plan.

The discount that the customer receives varies on the chosen plan and handset, as per the device below:

 

Discount based on Device
Make and Model Basic Core Standard Select Premier
Alcatel - Idol 2 Mini (OT6016) $139 $89 $49 FREE FREE
Make and Model
Alcatel - Idol 2 Mini (OT6016)
Basic
$139
Core
$89
Standard
$49
Select
FREE
Premier
FREE
Alcatel - Idol Alpha (OT6032) $249 $169 $89 FREE FREE
Make and Model
Alcatel - Idol Alpha (OT6032)
Basic
$249
Core
$169
Standard
$89
Select
FREE
Premier
FREE
Apple - iPhone 5S (16GB) $589 $449 $419 $219 FREE
Make and Model
Apple - iPhone 5S (16GB)
Basic
$589
Core
$449
Standard
$419
Select
$219
Premier
FREE
Apple - iPhone 6 (16GB) $789 $649 $619 $419 $199
Make and Model
Apple - iPhone 6 (16GB)
Basic
$789
Core
$649
Standard
$619
Select
$419
Premier
$199
Apple - iPhone 6 (64GB) $939 $799 $769 $569 $349
Make and Model
Apple - iPhone 6 (64GB)
Basic
$939
Core
$799
Standard
$769
Select
$569
Premier
$349
Apple - iPhone 6 (128GB) $1,039 $899 $869 $669 $449
Make and Model
Apple - iPhone 6 (128GB)
Basic
$1,039
Core
$899
Standard
$869
Select
$669
Premier
$449
Apple - iPhone 6 Plus (16GB) $939 $799 $769 $569 $349
Make and Model
Apple - iPhone 6 Plus (16GB)
Basic
$939
Core
$799
Standard
$769
Select
$569
Premier
$349
Apple - iPhone 6 Plus (64GB) $1,039 $899 $869 $669 $449
Make and Model
Apple - iPhone 6 Plus (64GB)
Basic
$1,039
Core
$899
Standard
$869
Select
$669
Premier
$449
Apple - iPhone 6 Plus (128GB) $1,139 $999 $969 $769 $549
Make and Model
Apple - iPhone 6 Plus (128GB)
Basic
$1,139
Core
$999
Standard
$969
Select
$769
Premier
$549
BlackBerry - 9720 (BB7) $129 $109 $59 FREE FREE
Make and Model
BlackBerry - 9720 (BB7)
Basic
$129
Core
$109
Standard
$59
Select
FREE
Premier
FREE
BlackBerry - Classic (Q20) $439 $299 $269 $69 FREE
Make and Model
BlackBerry - Classic (Q20)
Basic
$439
Core
$299
Standard
$269
Select
$69
Premier
FREE
BlackBerry – Passport $689 $549 $519 $319 $99
Make and Model
BlackBerry – Passport
Basic
$689
Core
$549
Standard
$519
Select
$319
Premier
$99
Blu – Dash $59 FREE FREE FREE FREE
Make and Model
Blu – Dash
Basic
$59
Core
FREE
Standard
FREE
Select
FREE
Premier
FREE
Blu - Life Play Mini $59 FREE FREE FREE FREE
Make and Model
Blu - Life Play Mini
Basic
$59
Core
FREE
Standard
FREE
Select
FREE
Premier
FREE
Blu - Life 8 $179 $119 $59 FREE FREE
Make and Model
Blu - Life 8
Basic
$179
Core
$119
Standard
$59
Select
FREE
Premier
FREE
Digicel - DL750 $69 FREE FREE FREE FREE
Make and Model
Digicel - DL750
Basic
$69
Core
FREE
Standard
FREE
Select
FREE
Premier
FREE
Digicel - DL800 $99 $59 FREE FREE FREE
Make and Model
Digicel - DL800
Basic
$99
Core
$59
Standard
FREE
Select
FREE
Premier
FREE
Digicel - DL900 $99 $59 FREE FREE FREE
Make and Model
Digicel - DL900
Basic
$99
Core
$59
Standard
FREE
Select
FREE
Premier
FREE
HTC - One M8 $659 $519 $489 $289 $69
Make and Model
HTC - One M8
Basic
$659
Core
$519
Standard
$489
Select
$289
Premier
$69
LG - Nexus 5 $459 $319 $289 $109 FREE
Make and Model
LG - Nexus 5
Basic
$459
Core
$319
Standard
$289
Select
$109
Premier
FREE
Nokia - Lumia 625 $209 $129 $69 FREE FREE
Make and Model
Nokia - Lumia 625
Basic
$209
Core
$129
Standard
$69
Select
FREE
Premier
FREE
Nokia - E5 $139 $129 $69 FREE FREE
Make and Model
Nokia - E5
Basic
$139
Core
$129
Standard
$69
Select
FREE
Premier
FREE
Nokia - C6 $139 $159 $79 FREE FREE
Make and Model
Nokia - C6
Basic
$139
Core
$159
Standard
$79
Select
FREE
Premier
FREE
Nokia - Lumia 735 $259 $169 $89 FREE FREE
Make and Model
Nokia - Lumia 735
Basic
$259
Core
$169
Standard
$89
Select
FREE
Premier
FREE
Nokia - N9 $339 $369 $189 $149 FREE
Make and Model
Nokia - N9
Basic
$339
Core
$369
Standard
$189
Select
$149
Premier
FREE
Nokia - Lumia 1020 $579 $439 $409 $209 FREE
Make and Model
Nokia - Lumia 1020
Basic
$579
Core
$439
Standard
$409
Select
$209
Premier
FREE
Nokia - Lumia 920 $629 $489 $459 $259 $39
Make and Model
Nokia - Lumia 920
Basic
$629
Core
$489
Standard
$459
Select
$259
Premier
$39
Samsung - Grand Prime (G530) $219 $119 $59 FREE FREE
Make and Model
Samsung - Grand Prime (G530)
Basic
$219
Core
$119
Standard
$59
Select
FREE
Premier
FREE
Samsung - Grand II (G710) $319 $209 $149 FREE FREE
Make and Model
Samsung - Grand II (G710)
Basic
$319
Core
$209
Standard
$149
Select
FREE
Premier
FREE
Samsung - S5 Mini (G800) $429 $289 $259 $109 FREE
Make and Model
Samsung - S5 Mini (G800)
Basic
$429
Core
$289
Standard
$259
Select
$109
Premier
FREE
Samsung - Galaxy S5 (G900) $589 $449 $419 $219 FREE
Make and Model
Samsung - Galaxy S5 (G900)
Basic
$589
Core
$449
Standard
$419
Select
$219
Premier
FREE
Samsung - Galaxy S6 32GB $779 $639 $609 $409 $189
Make and Model
Samsung - Galaxy S6 32GB
Basic
$779
Core
$639
Standard
$609
Select
$409
Premier
$189
Samsung - Galaxy S5 Active (G870W) $679 $539 $509 309 $89
Make and Model
Samsung - Galaxy S5 Active (G870W)
Basic
$679
Core
$539
Standard
$509
Select
309
Premier
$89
Samsung - Note 4 (N910) $789 $649 $619 419 $199
Make and Model
Samsung - Note 4 (N910)
Basic
$789
Core
$649
Standard
$619
Select
419
Premier
$199

We accept no responsibility for loss, damage, or claims caused by, related to, or in any way resulting from the offer, its exercise or acceptance both during and after the installment agreement period.  The smartphone is the responsibility of the customer who is also responsible for the 24 monthly payments.  

All costs and expenses not expressly included herein in connection with the offer, and all applicable fees, will be the sole responsibility of the customer.

If you are a customer currently out of contract, you may purchase a device at the discounted price by signing a Handset Installment Agreement on a Smartphone Plan from the date of purchase for 24 months.

If you have six months or less remaining on your current agreement, you may purchase device at the discounted price by signing a Handset Installment Agreement on a Smartphone Plan from the date of purchase for 24 months.

If you have more than six months remaining on your agreement, you are not eligible for the discounted pricing on a device but may purchase a device at the upgrade pricing. This will not result in any changes to your commitment period.

Should you wish to leave Digicel or end your commitment to the Digicel Postpaid Refresh Handset Installment Agreement, the full outstanding balance of the smartphone will be due.

4. Fair Use Policy

‘The Promotion’ is offered for the personal use of individuals and not for commercial use. Any usage by an individual that in our sole discretion is intended for financial gain or profit by you will result in the immediate termination of ‘The Promotion’ offer to you.

5. Liability

1. The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.

2. We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage (whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.

3. We have no liability to you (or any one claiming through you) if we are unable to carry out our duties or provide Service because of factors beyond our control including, but not limited to, the following: 

(a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any license or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.

4. We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.

5. If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the amount charged for the valid entries made. 

6. We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected,(altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents.

7. All conditions, warranties, terms and undertakings expressed or implied by statute, common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.

8. Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.

 

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Phones are Free Promotion