In addition to these General Terms and Conditions of service, Subscriber agrees to be bound by the terms of service for the applicable Digicel+ Service(s) as set forth at www.digicelcuracao.com/digicel-plus such as DIGICEL+ Digital TV, DIGICEL+ internet and DIGICEL+ Digital Voice, as such may be updated from time to time (collectively, the "Terms of Service"), which are incorporated herein by this reference. In the event of any conflict between these Terms and Conditions below and the Terms of Service, the Terms of Service shall take precedence.
1. Payment of Charges: Subscriber will be billed monthly in advance for Services to be received, plus pro-rate charges, if any, for periods not previously billed. Subscriber will be billed monthly for Pay Per View, on Demand or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber agrees to pay all monthly charges and all applicable fees and taxes as itemized on the DIGICEL+ monthly bill and notify DIGICEL+ of disputed items within ten (10) days of receipt, or longer as provided by applicable law. Failure to pay charges billed (including checks returned for insufficient funds) may result in discontinuance of Service, the removal of all DIGICEL+ Equipment (as defined below) and/or imposition of a late payment or service charge. If the Subscriber has more than one account (Business and/ or Residential) served by DIGICEL+, all DIGICEL+ provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
2. DIGICEL+ Property: All equipment, including but not limited to, any cables, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, and routers distributed to and/ or installed for use in the Subscriber's service locations by or on behalf of DIGICEL+ ("Equipment") remains property of DIGICEL+. None of the equipment shall become a fixture, DIGICEL+ property is intended to service and reside at the specific service location and is not to be used off premises without DIGICEL+ prior authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with DIGICEL+ then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether the equipment is lost (through theft or otherwise), damaged and/or destroyed.
3. Disruption of Service: In no event shall DIGICEL+ be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond DIGICEL+'s reasonable control. Subject to applicable law, credit with respect to Subscribers recurring monthly subscription fee may be given for qualifying outages of DIGICEL+ Services.
4. Repair of DIGICEL+ equipment: DIGICEL+ will repair and/or replace defective equipment, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. DIGICEL+ is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to television sets and/or other video equipment, computers, modems and/or any other related Subscriber- provided equipment. DIGICEL+ makes no warranties, with respect to Equipment's or Service provided by DIGICEL+ or with respect to the Equipment's compatibility with any Subscriber-provided equipment.
5. Subscriber property: DIGICEL+ assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber-provided equipment and/or software. Subscriber is responsible for the repair and maintenance of Subscriber-provided equipment and/or software. DIGICEL+ is not responsible or liable for any loss or impairment of DIGICEL+ Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber-provided equipment and/or software.
6. Taxes: Subscriber agrees to pay any local taxes (e.g. sales tax, Bureau Telecommunicatie & Post fees, levies etc.) imposed or levied on or with respect to the Services, the Equipment of installation or service charges incurred with respect to the same.
7. Care of DIGICEL+ property: Subscriber agrees that neither Subscriber nor any other person (except DIGICEL+ authorized personnel) will open, tamper with, service, make any alterations to or remove any Equipment from the service address of initial installation. Any alteration, tampering, removal, etc., or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets or to unauthorized location constitutes theft of service and is prohibited.
8. Access to subscriber premises: Subscriber authorizes DIGICEL+ and its employees, agents, contractors and representatives to access and otherwise enter the subscriber's premises to install, inspect, maintain and/or repair the Equipment and, upon the termination of Service, to remove the same from the premises, DIGICEL+ failure to remove its equipment shall not be deemed abandonment thereof.
9. Assignment or transfer: This agreement and the Services and/ or Equipment supplied by DIGICEL+ are not assignable or otherwise transferable by Subscriber, without specific written authorization from DIGICEL+.
10. Termination of Service: Unless otherwise terminated in accordance with the terms hereof or the Terms of Service, this agreement shall automatically renew after the initial term on a successive three (3) month's basis, unless notification is provided by the subscriber to DIGICEL+ within thirty (30) calendar days of the initial contract expiration date or within thirty (30) calendar days prior to the following successive three (3) month's term. After the end of the initial term, DIGICEL+ reserves the right to adjust the rates of the Service(s) at any time.
11. Breach of Agreement: In the event of any breach of this agreement (including the Terms of Service) by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of DIGICEL+, the failure of Subscriber to provide and maintain accurate registration information, and/or any illegal activity by the Subscriber using the Service, this agreement may be, at DIGICEL+ option, terminated and DIGICEL+ Equipment removed. Subscriber shall pay reasonable collection and/or attorney's fees to DIGICEL+ in the event that DIGICEL+ shall find it necessary to enforce collection to preserve and protect its's rights under this agreement.
12. Security Deposit: Any security deposit given by Subscriber for the Equipment or DIGICEL+ Service will be due and payable at the contract signature date. Such security deposits will be returned to Subscriber within sixty (60) days of termination of DIGICEL+ Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the DIGICEL+ Equipment undamaged.
13. Content and Services: All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
14. Rates: All rates are subject to change in accordance with applicable law.
15. Late fee: If your account is fifteen (15) calendar days past due, DIGICEL+ may immediately terminate all your Services without notice. You may be charged an applicable disconnection -, late - or reconnection fee in addition to your past due balance at DIGICEL+ then current rate. You can avoid incurring late fees by paying your monthly bill promptly.
16. Disclaimer: DIGICEL+ is not liable for any program, services, content or information distributed on or through the Services and DIGICEL+ expressly rejects any responsibility or liability for your use thereof. Further, DIGICEL+ shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
17. Entire Agreement: These Terms and Conditions (including the terms of Service) constitute the entire agreement between the Subscriber and DIGICEL+. No undertaking, representation or warranty made by an agent or representative of DIGICEL+ in connection with the sale, installation, maintenance or removal of DIGICEL+ Services or Equipment shall be binding on DIGICEL+, except as expressly included herein.
SECURITY ALERT SYSTEM LIMITATION - Although we will provide a wire connection so that DIGICEL+ Voice services are available for use with your existing security system, it is your responsibility to follow-up with your alarm company to confirm that they have your correct and current phone number and to perform any periodic operational tests that your central station- monitoring provider might recommend. You further understand that in the event of an outage your DIGICEL+ Voice service may not be available to contact your central station- monitoring provider.