These Terms and Conditions shall govern the relationship between Curaçao Telecom N.V., (hereinafter referred to as “Digicel”, "we", "us" "our" and "the company") and the subscriber (hereinafter referred to as "you", "your", "the customer") of Mobile Telephone Service (hereinafter referred to as "Service(s)", "Digicel Mobile Service") and shall constitute legal and binding obligations on the parties once we have accepted your Application for the provision of Mobile Telephone Service. Your Application form shall form part of these Terms and Conditions. Connection and activation are conditional on Digicel obtaining a satisfactory risk assessment, credit rating and/or receipt of a deposit from the customer. The minimum deposit amount required will be determined at the sole discretion of Digicel. These Terms and Conditions supersede all prior understandings and/or terms and conditions between you and us. By using our Services, you have agreed to these Terms and Conditions.
The company’s tariffs, for the Service, as may be amended from time to time, also form part of the Agreement. We reserve the right to amend or unilaterally change any Services and general conditions of this Agreement subject only to notifying you of such amendments. Such notifications may be by way of advertisement on our website or otherwise. If a Service is used by the customer after notice of amendment, then the amendments shall be deemed accepted by the customer.
2. Return Policy
You may return your handset within three (3) calendar days of the date of purchase to the original place of purchase in case of a technical problem with the handset for a full refund, provided that all contents are returned in reasonable condition, free of damage.
3. Rebate Policy
In case you have accepted a one-off offer to obtain a discount on the purchase price for a cellular phone that meets specified requirements, you, by signing the discount receipt, accept all liabilities associated with the phone that was traded in and you have indemnified Digicel from any third party claims for direct or indirect damages pertaining to (the use of) the handset.
4. Information Disclosure
We reserve the right to refuse any request for account information in case we are unable to verify that the requester is in fact the account holder, an authorized contact or the valid user of the account. The company may however, disclose any information about you and your accounts:
- to any authorized personnel or third party;
- in response to credit inquiries;
- the company, in its discretion, deems such disclosure necessary or desirable;
- pursuant to legal process or subpoena;
- if disclosure is necessary to protect the company’s interests.
By using the Service you consent to and authorized any such disclosure. The company shall not become liable by reason of giving of such information or of it being inaccurate and / or incomplete. In addition, you agree that we may contact any person or reference provided by you to verify accuracy of account details.
5. Provision of Services
Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of our Services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects as may occur from time to time in the Network.
6. Service Charges
The company’s tariffs, for the Service, as amended from time to time, also form part of the Agreement. Such tariffs may include in addition to our cost, other charges, fees as from time to time may be applicable, levied or charged from third party providers and/or Authorities. We reserve the right to alter such tariffs and will notify the Customer of such a change by way of advertisement in the national media or on our website. If a customer doesn’t wish to accept the modification he can terminate the agreement in writing, with effect from the date on which the new tariff has entered into force. The withdrawal shall be affected in a timely manner. The cancellation is only in a timely manner when the communication for the latter is received by Digicel within two (2) weeks after notification. With regards to the aforementioned rates changes this is only applicable in so far the overall charges results in a higher balance for the customer.
7. Digicel Mobile Numbers
The company has proprietary rights to any mobile number allocated to you whether requested by you or otherwise. We reserve the right at any time to alter or replace a mobile number allocated to you or any other name, code or number whatsoever associated with our Service.
8. Mobile Telephone Directory & Caller ID
Our network may allow the display of your telephone number in our telephone directory and on receiving handsets, unless otherwise specified on the application form.
9. Security Deposit
You will be required to make a security deposit in order to be connected or reconnected to the Network. This security deposit is refundable after this Agreement is terminated and all outstanding monies due to us have been received by Digicel. The security deposit may be used to settle any outstanding debts owed to us. A security deposit does not negate you from your liability to pay for the Services rendered through the SIM Card, including all costs associated with its unauthorized use.
You are required to pay a deposit of an amount to be specified by the company for the ability to roam or use your phone whilst travelling abroad on another GSM network with which the company has a roaming agreement.
11. Credit Limit
You will be notified of your credit limit when your Application is accepted. We reserve the right to increase or decrease your credit limit at any time and from time to time, without prior notice. You agree that your debt will not exceed your credit limit. Your credit limit, established at the discretion of the company, relates to your current usage. Service may be suspended if your current usage exceeds this limit. You will remain responsible for incurred service charges in excess of your credit limit.
When you use the SIM Card and/or Digicel Mobile Services, you incur a debt. Service charges, subscription fees and any other charges incurred in relation to the Services provided to you by us under this Agreement will be added to your debt and will form part of it. You agree to repay this debt to the company at any designated collection center. If payment is made by cheque or any other instrument, a return fee maybe charged by the company, should this method of payment be dishonored. The company reserves the right to reject and/or disallow cheque payments from you once dishonored cheques have been processed through your account. You will be charged for the right to use any technology developed by the company. The company reserves the right to charge interest on overdue amounts. We are not liable for any loss or damages suffered as result of the use of, or failure in any bill payments services. We are in no way obligated to provide Service to you if you have defaulted in payment of any sums due by you. In this event, we reserve the right to charge a reconnection fee and/or revise your payments terms and /or restrict your feature types, prior to restoration of service; we reserve the right to refuse to reconnect you. We may require you or your estate to pay your total debt immediately. If you do not carry your obligations under this agreement, if you become bankrupt or insolvent, or die or upon legal attachment, levy or execution against you, your estate or your property or id your SIM card is used contrary to this agreement. Invoices will be sent to the e-mail address of the account holder only unless otherwise specified and agreed by customer. Invoices will include: fixed charges and credits that are one month in advance; Call charges and credits that are one month in arrears or more if previous bills have been not paid. The company reserves the right to charge interest on overdue amounts – at a minimum rate of 1.5% month on any open balances. Interest will be charged from the moment the amount is due to Digicel until the date of payment (whether before or after judgment).You agree to accept our records of a transaction as accurate unless you can provide contrary evidence that is satisfactory to us. Payment is due upon invoice presentation date, i.e. once the invoice is available to you by e-mail. We will not be held responsible for customers’ non-receipt of invoices delivered by post. Your statement is deemed to have been delivered to you on the day it is available on our website. Electronic invoices are free of charge. All invoices generated will be available for (re) print on request and will cost Fl. 5,00 (US$ 2.80) each. Payment can be done by filling in the Direct Debit form, via Pagomatiko, through the MCB, Banco di Caribe, Giro, SFT, RBC Royal Bank, ORCO Bank and at the Digicel stores. You must continue to make payments even when our service is disrupted, as invoices can otherwise be obtained by contacting the Customer Care Centre. We reserve the right to contact you otherwise to seek payments of amounts due. We reserve the right to collect the outstanding amounts through our collection agency charging a collection rate of 15% of the principal sum with a minimum of Fl. 100,--.We reserve the right to change billing cycles and/or to issue interim invoices.
13. Amendment of the general terms and conditions
The general terms and conditions can be amended by Digicel from time to time. The amendments of these general terms also apply in respect of the existing Agreements. The amendments shall enter into force 14 days after the notification or, on an earlier or later date in the notification. Such notification may be by way of advertisement in the national media or on our website. If a customer doesn’t wish to accept the modification he can terminate the agreement in writing, with effect from the date on which the new terms and conditions come into force. The withdrawal shall be affected in a timely manner. The cancellation is only in a timely manner when the communication for the latter is received by Digicel within two (2) weeks after notification.
14. Foreign Currency Transaction
The amount of any transaction charged in any currency other than Antillean currency will be billed and payable by you in Antillean currency. We will make conversion from a foreign currency to Antillean currency at a rate of exchange determined by The Central Bank of Curacao and St. Martin including all foreign currency charges and/or taxes required by law, on the date we receive notification of the transaction and the relevant amount to be charged to your account.
15. SIM Card
Digicel is and shall remain the sole owner of all SIM Cards provided for Service to our Network and they must be returned to us, or anyone acting on our behalf, on request. You must not interfere or tamper with this card for any reason and you are not allowed to let third parties interfere or temper with the SIM Cards and/or use the SIM Cards for any other purposes then our Services to you. Any SIM Card found defective (through no fault of ours) will require payment by you for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.
16. Digicel Device
Where the customer obtains a Digicel Device at a discounted price or for free, as part of a promotion or otherwise, the following shall apply. If the customer terminates the contract before the end of the minimum contract period the customer will be liable to pay Digicel for the pro-rated value for the device calculated at the time of termination. For example a customer signs up for 12 months and the current cost of the phone is Fl. 1,060 including tax. if the contract is broken in the 8th month then the cost the customers will pay will be calculated as follows:
Fl. 1060/12= Fl.88.33 x 4 months = Fl. 353.33. If the customer obtains the discounted of free Digicel Device in the basis of a specific Service plan or package and the Customer downgrades that plan or package during the Minimum Period, the customer will be liable to pay Digicel for the pro-rated value of the Digicel Device.
17. Reporting Responsibility
Your handsets and SIM Cards are your responsibility. You must take every precaution to keep them safe. You will immediately report and confirm in writing any loss, theft, damage or unauthorized use of your equipment and/or SIM card. You will remain liable for all charges and costs related to and/or incurred by your SIM Card, including all costs associated with its unauthorized use. If you have previously authorized someone to use your handset and/or SIM card and have subsequently withdrawn your authorization, you will continue to be held liable for all charges and costs incurred by their use until we have been notified.
18. Settling Disputed Charges
We should be advised in writing of any disputed charges(s) that occur on an invoice within5 working days of receipt of invoice. You will still be held liable for non-contested charges on the invoice which are deemed payable by due date. We will investigate the disputed charge(s) and notify you of the results. Non-payment of valid charges within 48 hours after investigations are complete may result in suspension of Service. If the disputed charge(s) are indeed errors, a credit of the amount disputed will be applied to your account.
19. Customer Obligations
By signing the Application, you have consented to:
- provide valid proof of your identity that we deem acceptable;
- inform us in writing if any of your customer data has changed;
- only use company GSM-recommended equipment and facilities with the Network and comply with laws and regulations governing its use;
- use the company’s technology on terms specified by us when it is made available;
- follow our reasonable instructions related to your use of equipment, handsets or Services issued by us;
- immediately report and confirm in writing, if your equipment and/or SIM Card is lost, stolen or damaged. We will replace the SIM Card but there may be a charge;
- comply with all reasonable requests and/or instructions by us, or others on our behalf,
- particularly in relation to the investigation of fraud or other offences or as required by law or in any legal proceedings.
- Should the company deem it necessary to enforce its rights hereunder in any legal action you will reimburse the company for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action.
20. Service Period
By signing the application form you have agreed to a fixed minimum service period of twelve (12) calendar months (the “Fixed Term”). The service period may be extended in writing at any time for a period of twenty-four (24) months or any longer as may be specified on the executed application form. At the expiration of the Fixed Term, the agreement will automatically be extended for twelve (12) calendar months unless you notify us in writing that you do not wish to extend the Services at least thirty (30) days prior to the expiration date. In case of early termination the charges which would have been payable by the customer for the Service for the remainder of the minimum period as if the agreement had not been terminated are due to be paid to Digicel by you in order to successfully unbind you from this Agreement.
21. Suspension & Termination
This Agreement may be suspended and/or terminated without the need for prior written or verbal communication;
- if you breach any statutory restrictions/regulations/ procedures that govern this Network and Service;
- if you do not comply with and/or breach any of the enlisted Terms and Conditions of this Agreement;
- if intermittent checks, modifications and/or maintenance is deemed necessary by the Network;
- for non-payment of overdue amounts under this agreement;
- if you fail credit checks that may be performed from time to time;
- if we have reasonable cause to believe that you are unable to pay the charge;
if we have reasonable cause to believe that Service was obtained fraudulently or fraudulent or improper use of your handset or SIM Card is taking place against us or a third party;
- If you commit a trespass on the Network or any equipment owned by the company;
- if you conspire to defraud the company;
- if services rendered to you may cause the Operation of the Network to be jeopardized or
- impaired, or allow others to do any of the foregoing with your equipment or any act which does not comply with relevant legislation and regulation;
- if we are unable to provide the Services to you.
- if you do anything to avoid or evade the company’s charges;
Should your access be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide Service to you. In this event, we reserve the right to levy a fee for reconnection to the Network. Should you refuse to reconfirm acceptance of the Terms and Conditions of Service, we reserve the right to refuse to reconnect you.
22. Exclusion of Liability
We shall not be held liable for any direct, indirect, or consequential loss suffered by you (or anyone claiming through you) due to any of the following:
- suspension or non-availability of any Service;
- suspension or termination of this Agreement;
- interruption of or failure to connect any call made to or by the equipment;
- any call made to or by the equipment being overheard or intercepted by any third party;
- any data/information transmitted to or by the equipment being altered or lost.
We will have no liability to you or any joint user for any claims whatsoever resulting from the inability to provide the Services due to factors beyond our control, including but not limited to, Acts of God, Acts of war, Acts of terrorism and other enemies, weather events, civil disturbances, industrial action, governmental action, force majeure, power failures, accidents, the act or omission of any other telecommunication carrier in Curacao or elsewhere and/or default or failure of any third party.
Digicel, its associated or affiliated companies, their respective officers, agents, managing-directors, supervisory-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 or 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.
If any part of this Agreement shall be deemed invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
24. Hold Harmless
You will indemnify and hold harmless the company against the following:
All damages or injury caused to the Services(s) and network as a result of your negligence or failure to abide by your obligations hereunder; All claims arising out of your act or omission in conjunction with the Service(s) provided by the Company.
25. Customer Information
Digicel will send you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify Digicel in writing.
You acknowledge that Digicel is the owner or licensee of a number of trademarks including Digicel, digiSELECT and that nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright.
The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
28. Governing law
This agreement is governed by the laws of Curacao. Any dispute arising out or in connection with this agreement must be subject to the Court of First Instance in Curacao.