Postpaid Mobile Service

Postpaid Mobile Service

 

 

1. Agreement

These terms and conditions shall govern the relationship between Digicel (Dominica) Ltd. (here-inafter referred to as "we", "us" "our" and "the company") and the user (hereinafter referred to as "you", "your" "the customer") of mobile telephone service ( hereinafter referred to as "Service(s)", Tigicel 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 subject to satisfactory risk assessment, credit rating and/or receipt of a deposit. The minimum deposit amount required will be determined at the sole discretion of Digicel (Dominica) Ltd. These Terms and Conditions annul all prior understandings between you and us. By using Services, you have agreed to these Terms and Conditions.

We reserve the right to amend or unilaterally change any of the terms and conditions of this Agreement subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media. When we give notice to the main account holder, notice to all users shall also be deemed accepted. You and all the users under your account are jointly and severally liable for performing all of the obligations under this Agreement. This agreement is governed by the Laws of Dominica.

2. Rebate Policy

 If you took advantage of the one-time offer to obtain a rebate for a non-GSM cellular phone that meets specified requirements, you, in signing the rebate receipt, assume all liabilities associated with the phone that was traded in and have indemnified Digicel (Dominica) Ltd. From any third party claims.

 

3. Information Disclosure

We reserve the right to refuse any request for account information where we are unable to verify that the requester is in fact the account holder, authorized contact or 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;

- if 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.

The company shall not become liable by reason of the giving of such information or of it being inaccurate or incomplete. In addition, you agree that we may contact any person or reference provided by you to verify accuracy of account details.

 

4. 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 defects in the Network.

 

5. Digicel Mobile Numbers

Digicel (Dominica) Ltd. has proprietary rights to any mobile number allocated to you. We reserve the right at any time alter or replace a mobile number allocated to you or any other name, code or number whatsoever associated with our service.

 

6. Mobile Telephone Directory & Caller ID

Unless indicated on Application or otherwise specified in writing, our network may allow the display of your telephone number in our telephone directory and on receiving handsets.

 

7. Security Deposits

You will be required to make a security deposit in order to be connected or reconnected to the Network. The company may, at its absolute discretion opt to pay interest on the security deposits received. This security deposit is refundable after this Agreement is terminated and all outstanding monies due to us have been collected. The security deposit may be used to settle any outstanding debts owed to us. Asecurity 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.

8. Roaming

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 GSM network with which the company has a roaming agreement.

 

9. Credit Limit

You will be notified of your credit limit when your application is accepted. We reserve the right to increase or lower 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.

 

10. Payment

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 centre. Is payment is made by cheque or any other instrument, a return fee may be charged by the company, should this method of payment be dishonoured. The company reserves the right to reject and/or disallow cheque payments from you once dishonoured 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 a result of the use of or failure in any bill payment 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 payment terms and/or restrict your Service/feature types, prior to restoration of Service. Should you refuse to accept the Terms and Conditions 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 out 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 if your SIM Card is used contrary to this Agreement. Invoices will be sent to the billing address of the account holder only unless otherwise specified. 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 not been paid.

Consumption tax will be added on charges where applicable.

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. 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 for you to pick up, whether or not you do so. You must continue to make payments even when postal 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. All invoices generated will be available for reprint on request. You may be required to pay for reprints. We reserve the right to change billing cycles and/ or to issue interim invoices.

 

 

11. Foreign Currency Transaction

The amount of any transaction charged in any currency other than East Caribbean will be billed and payable by you in East Caribbean currency. We will make conversion from a foreign currency to East Caribbean currency at a rate of exchange determined by the Eastern Caribbean Central Bank on the date we receive notification of the transaction and the relevant amount to be charged to your account.

12. SIM Card

We claim ownership 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. Any SIM Card found defective (through no fault of ours) will require payment 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.

 

13. 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, damaged 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.

 

14. Settling Disputed Charges

We should be advised of any disputed charge(s) that occur on an 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 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.

 

15. Customer Obligations

By signing the Application, you have consented to:

- provide valid proof of your identity that we deem acceptable;

- inform us in writing in any of your customer data has changed;

- only use company GSM-approved 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 your SIM Card but there may be a charge;

- comply with all reasonable request 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 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 attorneys fees incurred as a result of such legal action.

 

16. Service Period

By signing the application form you have agreed to a minimum service period of twelve (12) calendar months. The service period may be extended in writing at any time to twenty-four (24) months, thirty six (36) months or any longer period as may be specified on the executed application form.

 

17. 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 and the Queen's enemies, weather events, civil disturbances, industrial action, war, governmental action, force majeure, the act or omission of any other telecommunication carrier, default or failure of a third party.

Digicel (Dominica) Ltd. Its associated and 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 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 provider(s), w will accept neither responsibility or 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.

 

18. Unenforceability

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.

 

19. Claims

You shall indemnify and hold harmless the company against all claims for libel, slander or infringement of copyright arising from any material transmitted or recorded over the company's Network, claims for infringement of patent arising from, combining with or using in connection with facilities of the company any apparatus and systems of the customer and against all other claims arising out of any act or omission of the customer in connection with facilities provided by the company.

 

20. Customer Information

Digicel (Dominica) Ltd. 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 (Dominica) Ltd. in writing.

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Postpaid Mobile Service