Postpaid Data Plans Terms and Conditions | Digicel Bermuda

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Digicel Postpaid Data Plan

Terms and Conditions

1. Definitions

In these terms and conditions, Postpaid Data Plans are a series of unlimited minutes and SMS packages, with various tiers of data included.

2. Agreement

The Postpaid Data Plan 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") purchasing a chosen Postpaid Data Plan (hereinafter referred to as ‘The Data Plan’).

By, purchasing the data plan you have agreed to the terms and conditions.

The Data Plan commences on Thursday, January 29th 2015 at 8:00am. Digicel reserves the right to terminate the plan at any time.

We reserve the right to amend or unilaterally change ‘The Data Plan’ 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. The Post Paid Data Plan description

The Data Plan offers five all inclusive packages 

1.‘Basic’ Unlimited Minutes, Unlimited SMS, 1GB data, Digicel Long Distance Ultimate Plan $85

2.‘Core’ Unlimited Minutes, Unlimited SMS, 2GB data, Digicel Long Distance Ultimate Plan $99

3.‘Standard’ Unlimited Minutes, Unlimited SMS, 3GB data, 60 minutes of Digicel Long Distance Unlimited Plan $119

4.‘Select’ Unlimited Minutes, Unlimited SMS, 5GB Data, 60 minutes of Digicel Long Distance Unlimited Plan $149 

5.‘Premier’ Unlimited Minutes, Unlimited SMS, 10GB Data, 60 minutes of Digicel Long Distance Unlimited Plan, Recurring Digicel Postpaid Roaming Pass $199

All of the data plans above feature unlimited minutes and SMS, however each plan does have data restrictions and if the customer goes above such, they are subject to additional data charges.

All data plans have access to long distance calling features.

The Basic (‘1’) and Core (‘2’) plans gives you access to our Digicel Long Distance Ultimate Plan. This allows the customer to make long distance calls for no monthly fee, with rates beginning at just only 15¢/minute.

Customers with Core (‘2’), Standard (‘3’), Select (‘4’) data plans will have access to 60 minutes of our Digicel Long Distance Unlimited Plan. The customer will be able to call the USA, Canada, UK and Ireland, for 60 minutes (calls to landlines and mobiles included). Once the customer goes beyond this 60 minute time limit, long distance call rates will begin from just only 15¢/minute.

Customers with Premier (‘5’) In addition to the Digicel Long Distance Unlimited Plan as described above, the Premier plan also includes a recurring Digicel Postpaid Roaming Pass. This gives customers local roaming rates on Minutes, SMS and Data while in the USA, Canada, UK and Ireland. This does not need to be activated by the customer each time upon leaving the country, as it is an included feature.

Any remaining data that the customer does not use during the billing month will not be rolled over onto the following month, or be deducted from the billing cost of the month in question.

We accept no responsibility for loss, damage, or claims caused by, related to, or in any way resulting from the use of the Data Plan or any of its features.

4. Fair Use Policy

The Data plan is offered for the personal use of individuals and not for commercial use. 

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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Postpaid Data Plan