GENERAL TERMS AND CONDITIONS FOR DIGICEL MOBILE SERVICES

FOR DIGICEL MOBILE SERVICES

These Digicel Mobile Telephone Services terms and conditions (the “Terms”) apply to you and govern the provision and use of Digicel Post Paid Mobile Telephone Service, Digicel Pre Paid Mobile Telephone Service and Digicel Mobile Data Services over our mobile telecommunications network (“Service(s)” or “Digicel Mobile Service” and “Network”, respectively), and shall constitute legal and binding obligations on the parties once we have accepted your application for the provision of Service through an authorised handset (“Digicel Handset”, “Digicel Phone”, “Digicel Postpaid Phone”, “Phone”, “Handset”, “Product(s)”) purchased from us containing a physical Subscriber Identity Module Card (“SIM Card”) and any Digicel Embedded Subscriber Identity Module (“E-Sim”) (both referred to as a “SIM Card”) belonging to Digicel, or the provision of Service by us to you through your own phone. These Terms and the relevant Digicel Mobile Services application form (“Application Form”) comprise your customer service agreement with us.

“We”, “us” or “our” means Digicel Haiti, a company registered under the laws of the Republic of Haiti. References to “we”, “our”, “us” and “Digicel” in these Terms also include our subsidiaries and affiliates (“Affiliates”) from time to time.

“I” or “you” means the person/subscriber (“you”, “your”, the “Customer”, the “Subscriber”) of the relevant Digicel Mobile Service(s), and “my” and “your” shall have corresponding meanings, in relation to Digicel Haiti and/or the entity from which you receive and for which you have completed a Digicel Mobile Services Application Form for such Services.

These Terms incorporate the relevant Digicel Mobile Services Application Form, the Digicel Privacy Policy, the Digicel Acceptable Use Policy and the Digicel Terms of Use, which may be accessed through our website, www.digicelgroup.com and which may be amended from time to time.

By activating, using or paying for any of these Products or Services, you accept and agree to be bound by these Terms. If you do not agree, you must contact Digicel immediately to cancel your order and/or Service and return all Products.

The Products and Services covered by these Terms are generally intended for consumer use and do not include use by our corporate customers (please refer to the Digicel Business website for the terms governing corporate products and services). If, however, you intend to use the Products and Services for any other purpose, such use may not be covered by these Terms and it is your responsibility to ensure that such use is expressly approved or authorised by Digicel.

Words highlighted in bold throughout these Terms have special meanings set out in the Glossary section of these Terms.

You may not transfer or assign any obligation or responsibility arising under these Terms to any third party in any manner whatsoever, nor may you make any third party a party to the responsibilities set out in these Terms.

1. AGREEMENT

1.1 These Terms shall govern the relationship between Digicel and the Customer and shall constitute legal and binding obligations on the parties once Digicel has accepted the Customer’s application for the provision of Service.

1.2 Your Application Form forms an integral part of these Terms.

1.3 Connection and activation are subject to a satisfactory risk assessment, credit rating and/or receipt of a deposit.

1.4 The minimum deposit required will be determined, and may be revised, at the sole discretion of Digicel.

1.5 These Terms supersede all prior or contemporaneous negotiations, commitments, agreements, writings and discussions, whether oral or written, between you and Digicel.

1.6 By using the Products and/or Service, you agree to these Terms.

1.7 To the extent permitted by law, we reserve the right to amend or unilaterally change any Service, Product and/or these Terms, subject to notifying you of such amendment or change. Such notification may be made by advertisement in the national media and/or on our website and/or by SMS.

1.8 Use of the Products and/or Services after such notice of amendment or change shall constitute your acceptance thereof.

1.9 These Terms are governed by the laws applicable to the entity from which you receive the Products/Services and/or as specified in your Digicel Mobile Services Application Form.

1.10 Our Services are provided by radio transmission and are therefore available only within the range of our Network base stations. The quality and availability of our Services are affected by radio interference due to physical obstructions, atmospheric conditions, technical faults and other defects in the Network.

2. ACCOUNT & INFORMATION DISCLOSURE

2.1 Digicel Mobile Service plans provide you, as the Subscriber, with access to the Digicel Network in order to benefit from Digicel Mobile Services.

2.2 You may be required to set up one or more accounts (“DIGICEL Account” or “Account”) in order to purchase or use Products and Services. You are responsible for ensuring that all information you provide in connection with your DIGICEL Account, including contact and billing information, is accurate and remains current.

2.3 You must not tamper with or interfere with SIM Cards for any reason. Any SIM Card found to be defective through no fault of ours will require payment for its replacement, exchange or repair; provided, however, that any SIM Card found to be defective due to faulty workmanship or design may be replaced free of charge if returned within the specified warranty period.

2.4 You are responsible for any activity that occurs on or through your DIGICEL Account. We do not guarantee the security of your DIGICEL Account. You must ensure that your credentials for accessing or using your DIGICEL Account, such as passwords, personal identification numbers, tax registration numbers or other personal information, remain secure at all times. If you become aware of any unauthorised use of a DIGICEL Account for any Service, please contact us immediately.

2.5 Digicel reserves the right, upon written notification and at any time, to alter or replace a telephone number allocated to you or any other name, code or number associated in any way with our Service. Digicel reserves the right, without prior notification, to reassign a telephone number allocated to the Customer to another customer if that telephone number has been suspended by Digicel or the Customer and has remained suspended for at least ninety (90) days.

2.6 You understand and agree that, from time to time (unless prohibited by law and/or regulation), it may be necessary for us to contact you regarding your DIGICEL Account, your Services and additional products and services that we, our Affiliates, assignees or successors may offer. Accordingly, you agree that Digicel and its current and future Affiliates, assignees, successors, agents and external collection agencies may contact you using any method you have provided to any current or future Digicel Affiliate, agent, assignee, successor or external collection agency, including by telephone, mail, email, text message (SMS/MMS), RCS chat (Rich Communication Services), push notification or any other means, as well as by including messages or inserts in bills for your Digicel Services, and as part of direct marketing operations, Digicel may use this data and/or share it with third parties.

2.7 You agree that notices provided to you using any of the methods listed in Clause 2.6 above are sufficient for purposes of delivery and subsequent receipt by you. You further agree that calls or messages sent to numbers you provide to us or to our current or future Affiliates, agents, assignees, successors or external collection agencies (including wireline or wireless numbers) may be sent using an automatic telephone dialling system or artificial or prerecorded voice, and that you may not revoke your consent to be contacted in this manner.

2.8 You agree to contact us promptly if any contact number we hold for you changes. You also agree that we may send you emails or other electronic messages by any means, including an automated system that sends preset messages.

2.9 Please do not overlook the important messages section of your bill. Billing messages and inserts are important ways in which we share information with you. If you use online billing, you are deemed to have received such notices when your online bill is available for viewing. If you receive a paper bill, you are deemed to have received such notices three (3) days after the bill is mailed to you.

2.10 Communications from Digicel or its current or future Affiliates, agents, assignees, successors or external collection agencies may include emergency alerts, communications regarding payments or past-due balances, and information concerning promotions relating to any of our Products and/or Services.

2.11 We reserve the right to refuse any request for DIGICEL Account information where we are unable to verify that the requester is the DIGICEL Account holder and/or an authorised contact.

2.12 We reserve the right to disclose information about you and your DIGICEL Account to authorised personnel or third parties where: (i) such disclosure is deemed necessary to comply with applicable law or a legally binding order of a court, government, regulatory authority, administrative body or judicial body; (ii) disclosure is made in response to credit enquiries in accordance with applicable law or from a Digicel Affiliate; or (iii) disclosure is reasonably necessary or appropriate to provide Services, fulfil obligations or exercise rights under an agreement.

2.13 By using the Products or Service, you consent to and authorise any such disclosure. We shall not be liable by reason of providing such information or because it is inaccurate or incomplete, provided that the information disclosed is the information supplied to us by you. In addition, you agree that Digicel may contact any person or reference provided by you to verify the accuracy of Account details.

3. CHARGES & PAYMENTS

3.1 Credit Check:

i. By applying for or using certain Services, you authorise Digicel to obtain your credit information from consumer credit reporting agencies at any time and for any reason, including in connection with questions or Account changes made by Authorised Users or persons who provide information we deem sufficient to identify you.

ii. We may also share information about your creditworthiness with Digicel Affiliates, assignees, successors and service providers in accordance with applicable privacy notices and policies.

iii. We may refuse to provide Services or require an advance payment, non-refundable payment, deposit or other credit requirement if we determine that you present a credit risk due to: (1) your credit rating; (2) insufficient credit history; (3) previous late payments, suspension, disconnection or restoration of Service; or (4) fraudulent or abusive use of any Service within the previous five years. We will not pay interest on any returned advance payment or deposit made by you unless required by law.

iv. We may require special payment terms, such as additional advance payments or deposits, if we determine that the initial payment was insufficient.

v. We may establish limits and restrict Services or features as we deem appropriate.

vi. We may immediately interrupt or suspend Services until your balance is brought below the limit set. Any charges incurred in excess of your limit shall become immediately due and payable.

3.2 Billing:

i. Different Digicel Mobile Service Plans are billed in different ways. You should review the specific Digicel Prepaid and Postpaid Mobile Service terms below and the relevant plans advertised on the Digicel website for details of applicable fees and charges.

ii. As a Customer of a Digicel Mobile Service, you agree to pay in full the following amounts, which may be varied and amended by Digicel from time to time:

a. the then-current cycle charges for your Services;

b. all applicable charges for equipment required for the Services;

c. activation, connection or installation charges, if any;

d. any applicable Account management service fee for servicing and maintaining your DIGICEL Account;

e. late-payment charges and Service restoration fees, if any;

f. Digicel fees and other Digicel charges disclosed in the Service Terms;

g. charges for third-party content or services purchased or ordered using your Services or Digicel equipment; and

h. all applicable taxes, levies and fees imposed by governmental entities in accordance with applicable law. All prices and charges exclude taxes, levies and fees unless otherwise stated or required by applicable law.

iii. You are responsible for paying all charges specified in these Terms, including charges incurred by any person who gains access to your Services or Digicel equipment, even if you did not authorise those charges.

iv. You agree and acknowledge that on April 1 of each year, commencing in April 2023, all Digicel Mobile Service Plans shall be subject to a price adjustment (“Annual Price Change”) equal to the percentage change in the Consumer Price Index (“CPI”) over the preceding twelve (12) months plus two (2) percent. Where the change in CPI is zero or negative, the percentage increase shall be two (2) percent. The change in CPI shall be calculated using data published by the applicable bureau of statistics in Haiti or, where applicable, Digicel’s estimate. If the CPI increase published or estimated by an international monetary body such as the International Monetary Fund is higher than any national estimate, the former shall be used for the Annual Price Change.

v. Billing will commence as soon as your Service is installed or activated, even if you have not yet begun to use it.

vi. Conversion of foreign currency into the applicable market currency shall be at the exchange rate determined by the Central Bank of Haiti on the date we receive notification of the transaction and the corresponding amount to be charged to your DIGICEL Account.

vii. You will be notified of your monthly credit limit when your application is accepted. We reserve the right to increase or decrease your monthly credit limit at any time and from time to time. You agree that your monthly indebtedness will not exceed your monthly credit limit. Your credit limit, established at our discretion, is linked to your current usage. Service may be suspended if usage on your DIGICEL Account exceeds this limit.

3.3 Security Deposit

i. You must pay a security deposit before being connected or reconnected to the Digicel Network and provided with the Service.

ii. The security deposit will be refunded, without interest, within thirty (30) days following termination of your Service and these Terms, and only after payment of all outstanding amounts due to Digicel.

iii. You agree that Digicel may use the security deposit at any time to offset any outstanding debt owed by you to Digicel. The security deposit may not be used to pay for Service received through use of the SIM Card, including any costs associated with unauthorised use.

3.4 Late-Payment Charge and Dishonoured Cheque Fee:

i. You agree that, for each bill not paid in full by the payment due date, we may impose a late-payment charge, unless otherwise expressly agreed in writing.

ii. Our acceptance of late or partial payments (even if marked “Paid in Full”) does not waive any of our rights to insist upon payment of the full amounts due by a specified date. You will also be charged a fee for each cheque or other payment instrument (including credit card charge-backs) returned unpaid for any reason, subject to applicable law and unless otherwise expressly agreed in writing.

3.5 Collections: If you fail to pay amounts you owe in full and on time, you agree that you may be subject to credit collection by us or by a third-party collection agency. To the extent permitted by law, you must pay all costs and fees, including attorneys’ fees, reasonably incurred by us in collecting amounts you owe. Subject to and insofar as not contrary to applicable law, we shall not be responsible or liable for any negative or adverse consequences arising from our reporting your DIGICEL Account or your payment information or history to any third-party credit reporting or collection agency.

3.6 Early Termination Fee: Your Application Form, order confirmation or applicable fee schedule for your Service may include a minimum period during which you must maintain the Service on an eligible plan (“Service Commitment”). You agree to pay an early termination fee if you terminate the Service and these Terms during the Service Commitment.

3.7 Application of Credits: Any amounts refunded in the form of bill credits, cash payments or otherwise will include all applicable taxes, fees and surcharges originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of or discount on the price paid for a Product or Service will not result in the refund of any tax, fee or surcharge previously paid.

3.8 Questions or Disputes Regarding Charges: If you receive an incorrect bill or wish to dispute your bill, you must contact Digicel Customer Care as soon as possible. In the event of a billing dispute, you must notify Digicel Customer Care within one hundred and twenty (120) days from the date of the bill. Failure to notify Digicel within this period shall constitute a waiver of your right to dispute the bill and to participate in any legal action arising from the dispute. This limitation period may not apply where contractual notice provisions of this kind are prohibited by law.

4. PREPAID SERVICE PLANS

4.1 Digicel Mobile Prepaid Service Plans (“Prepaid Service Plan”) are Services activated after the Customer purchases an available Service Plan from Digicel Haiti. You acknowledge and agree that each such Prepaid Service Plan includes a specified number of service days (“Prepaid Service Days”) per Plan cycle.

4.2 You will have access to the Prepaid Service(s) included in your Prepaid Service Plan provided that you have not reached the maximum allocation of minutes or data (where capped) and/or you have Prepaid Service Days remaining in your Plan cycle.

4.3 To keep your Prepaid Service Plan active, you must purchase and redeem a Prepaid Service Plan before your Prepaid Service End Date. Your Prepaid Service End Date is the final day of your Prepaid Service Plan cycle and is determined by the date on which you activated your Prepaid Service using a Prepaid Service Plan.

4.4 If you fail to purchase a new Prepaid Service Plan before your Prepaid Service End Date, you will be unable to use the Prepaid Service offering(s) under the purchased Prepaid Plan. To avoid this, keep your Prepaid Service active by purchasing a Prepaid Service Plan before your Service End Date.

4.5 You will continue to be able to make calls to emergency services and Digicel Customer Care and to receive calls while the SIM Card remains connected to the Network.

4.6 Notwithstanding your Prepaid Service End Date, Digicel reserves the right to discontinue your Prepaid Service and deactivate any DIGICEL Account for which there has been no usage for a period of ninety (90) days. If your DIGICEL Account is deactivated, it may be reactivated by purchasing and redeeming a new Prepaid Service Plan. Once reactivated, you will be assigned a new telephone number.

4.7 Once you begin a new Prepaid Service Plan cycle, you will lose any unused minutes, data and Prepaid Service Days remaining under your current Prepaid Service Plan. You will not receive a refund or credit for unused minutes, data or Prepaid Service Days once a new cycle begins.

4.8 The Services included with Digicel Plans (for example, voice, SMS and data) vary and may change from time to time. For the latest information regarding our Prepaid Service Plans, including any applicable limitations, please visit our website or contact Digicel Customer Care.

5. POSTPAID SERVICE PLANS

5.1 Digicel Mobile Postpaid Service Plans (“Postpaid Service Plan”) are Services included in your specified Digicel Mobile Service Plan, including your monthly usage allowance and charges for voice, messaging and/or data services (“Postpaid Service”), overage rates when you exceed your monthly usage allowance, pay-per-use rates and your coverage area.

5.2 Unless otherwise specified, any unused allowance of voice, messaging and data Services from one billing cycle will not carry over to another billing cycle.

5.3 All Postpaid Service Plans have a minimum Service Commitment period specified in your relevant Application Form. If you subscribe to a Postpaid Service Plan and use your own device, once you activate the Service Plan you agree to be bound by the minimum Service Commitment specified in your Application Form.

5.4 If you terminate your Postpaid Service Plan and these Terms during the minimum Service Commitment period, you must: (i) provide us with at least thirty (30) days’ prior written notice; (ii) pay any applicable handset and/or device subsidies to offset costs associated with failure to use the handset and/or device throughout the minimum Service Commitment period; and (iii) pay the total of all monthly Service Fees that would have been payable to Digicel for the remainder of the minimum Service Commitment period, to offset the loss incurred by Digicel as a result of your failure to observe that period.

5.5 If your Postpaid Service Plan includes voice service, subject to the limitations in these Terms, you may make and receive calls within the coverage area of your Postpaid Service Plan (“Voice Service”). Additional charges may apply for Voice Service used outside that coverage area.

5.6 If your Postpaid Service Plan includes the ability to send and receive text messages (SMS), picture or video messages (MMS) and/or Advanced Messaging (RCS) chat messages (collectively, “Messages”), subject to the limitations in these Terms, you may send and receive such Messages (“Messaging Service”). Applications using other messaging protocols and third-party over-the-top messaging applications may incur additional data charges.

5.7 Messages sent or received on other devices, including but not limited to tablets, laptops and smart watches, will use data Services on the Digicel Network and will therefore be treated as data usage and may incur additional data charges. Digicel does not guarantee delivery of Messages to such devices and reserves the right to change the delivery period as required without notice.

5.8 If your Postpaid Service Plan includes use of data on the Network, subject to the limitations in these Terms, you may browse the Internet and access wireless services, content and applications, including email, GPS navigation, video streaming and other customary mobile Internet functionality (“Data Service”). Postpaid Services provided through the Data Service may be provided by Digicel, its Affiliates, assignees or successors, or by third parties subject to service-specific terms and conditions.

5.9 Postpaid Charges: Usage and monthly fees will be billed as specified herein. Your Customer Service Summary also includes an estimate of your total monthly bill. If you select a rate plan containing a predetermined allocation of Services, any unused allocation will not carry over to another billing cycle unless expressly provided otherwise. Usage on networks not owned by Digicel is limited as provided in your rate plan. Charges will be based on the location of the site receiving and transmitting the Service.

5.10 We reserve the right to transfer a credit or debit balance to or from any of your Digicel Accounts with us, including accounts for mobile service, ordinary telephone service and Internet service, provided that we notify you in advance.

5.11 We reserve the right to have any outstanding and undisputed charges collected from you by a third-party agent and to recover from you all costs and expenses, including reasonable legal fees, associated with collection of amounts due to us.

6. E-SIM ACCOUNT & INFORMATION

6.1 The Digicel E-Sim Service provides you, as the Subscriber, with: (a) an Embedded SIM (Subscriber Identity Module) in an authorised Digicel mobile device; or (b) access to the Digicel Network to benefit from Digicel Mobile Services.

6.2 You may be required to establish one or more DIGICEL Accounts in order to purchase or use our E-Sim Services. You are responsible for ensuring that all information you provide in connection with your DIGICEL Account, including contact and billing information, is accurate and remains current.

6.3 Digicel shall not be liable to the Customer for replacement of an E-Sim or mobile phone where the Customer’s phone is found to have a defective E-Sim through no fault of Digicel.

6.4 You are responsible for all activity occurring on or through your DIGICEL Account. We do not guarantee the security of your DIGICEL Account. You must keep all credentials used to access or use your Account secure at all times. If you become aware of any unauthorised use of a DIGICEL Account for any Service, please contact us immediately.

6.5 Existing Customers must transfer, store or back up all personal data stored on their physical SIM Card before converting it to an E-Sim. Digicel shall not be responsible or liable for data lost, corrupted or damaged as a result of the transfer from a physical SIM Card to an E-Sim. Only your Digicel Plan will be transferred.

6.6 You must visit an authorised Digicel retail store to activate the E-Sim Service. Activation involves scanning a Quick Response Code (QR Code) and downloading the E-Sim to an E-Sim-compatible mobile phone. Once the download is complete, a new E-Sim profile and telephone number will be created for new Customers. Existing Customers will retain the telephone number assigned to their existing Digicel Prepaid or Postpaid Account.

6.7 The Service is provided on an “as is” and “as available” basis. Digicel does not warrant or guarantee a fault-free Service in respect of Network coverage, quality or availability.

6.8 Digicel reserves the right, upon written notification and at any time, to alter or replace an E-Sim number allocated to you or any other name, code or number associated with our Service. Digicel reserves the right, without prior notification, to reassign an E-Sim number allocated to a Customer to another customer if that E-Sim number has been suspended by Digicel or the Customer and has remained suspended for at least ninety (90) days.

7. TERMINATION OR SUSPENSION OF DIGICEL SERVICES

7.1 You may cancel or terminate one or more of your Digicel Services at any time. To cancel a Digicel Service, please contact the Customer Care department for that Service.

7.2 If you cancel a Digicel Service, you may lose discounts obtained by bundling Digicel Services, and some remaining Digicel Services may no longer operate, either entirely or in the same manner, following cancellation of one of the bundled Services.

7.3 Digicel reserves the right to modify, suspend or discontinue any function or feature of any Digicel Service, including rates or charges, or to terminate your Digicel Service entirely, for any reason, including but not limited to: (i) misconduct by you or any user of your Digicel Services; (ii) breach of statutory restrictions, regulations or procedures governing the Digicel Network and Service, or non-compliance with an order of a court or arbitrator; (iii) interruption or loss of your or Digicel’s rights to access any part of the Digicel Network facilities required to provide your Services, including access to land or buildings where facilities are located; and (iv) misconduct including conduct that violates these Terms or the Acceptable Use Policy, abusive, threatening or unreasonable conduct toward our employees or representatives, abusive, fraudulent or unlawful use of Services, provision of false or misleading information, use that adversely affects networks, customers or operations or infringes intellectual property or privacy rights, unauthorised resale, failure to make required payments or maintain credit security, suspected fraudulent acquisition or use of Services, trespass on the Network or Digicel equipment, or use of the SIM Card for commercial gain.

7.4 Regardless of the reason for termination or whether termination is by you or us: (i) unless required by applicable law, charges will not be prorated and you remain responsible for the full month’s payment even if termination occurs mid-cycle; (ii) any DIGICEL Account balance or unused portion of a terminated Service, including a Prepaid Service, will not be refunded or credited; (iii) licences to use software associated with the terminated Service are terminated; (iv) you must return any Equipment associated with the terminated Service; and (v) Digicel reserves the right to delete any data, files or other information associated with you, your DIGICEL Account or terminated Services.

7.5 If you have not satisfied a minimum Service Commitment period, you will be subject to any applicable early termination fee under Clause 3.6, regardless of whether you cancel the Service or we terminate it for misconduct.

7.6 If any Digicel Service is suspended, you remain responsible for paying all applicable charges for that Service during the suspension period.

7.7 If your access to the Services is interrupted or suspended, we are under no obligation to continue providing the Services. We reserve the right to charge an additional fee if we decide to reconnect your Services to the Network.

7.8 If you refuse to accept these Terms and Conditions of Service, we reserve the right to refuse to reconnect you.

8. DISCLAIMER OF WARRANTIES

8.1 Except as expressly set out in these Terms or the applicable Service Terms, Digicel Services are provided on an “as is” and “as available” basis, without warranties or guarantees of any kind.

8.2 To the maximum extent permitted by law, Digicel and its parent companies, subsidiaries and Affiliates, and their past, present and future officers, employees, agents, partners, licensors, successors and assigns, expressly disclaim all warranties of any kind, whether oral, express, implied or statutory, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement and warranties implied by course of performance, course of dealing or usage of trade.

8.3 No person is authorised to make warranties on our behalf.

8.4 We do not guarantee that Digicel Services will meet your requirements, be of a particular quality or speed, or be uninterrupted, accurate, secure, maintained or free from viruses or other harmful components.

8.5 We cannot and do not guarantee that an unauthorised person will not obtain access to your information or DIGICEL Account. Nor do we guarantee that Digicel Services are suitable for situations requiring absolutely accurate or secure data transmission or where failure could result in personal injury, property damage or financial loss.

8.6 We do not guarantee that Digicel Services will be interoperable with your hardware or software or that incompatibility will not cause damage or loss of data. You use Digicel Services at your own risk.

8.7 All handsets supplied by Digicel are covered by a twelve-month manufacturer’s warranty against production defects. The manufacturer’s warranty is limited to repair of the defect or replacement of the defective part and applies only to defects in materials, design and workmanship. It does not apply to normal wear and tear, repair or replacement of batteries, or damage caused by you directly or indirectly.

8.8 The manufacturer’s service centre may, at its sole discretion, replace batteries deemed defective within six months of purchase.

8.9 The warranty is void if there is evidence of unauthorised repair or modification of the handset or tampering with the serial number. It is also void in cases of physical damage, improper storage, misuse, abuse or neglect, including exposure to moisture or liquid, excessive heat or use of parts, accessories or software not approved or supplied by Digicel.

8.10 Repair or replacement under the manufacturer’s warranty does not entitle you to an extension or renewal of the warranty period.

8.11 Customers should refer to the handset manual for guidance on proper use and storage. Full details of the repair process may be obtained by contacting any Digicel dealer or Customer Care.

9. LIMITATIONS OF LIABILITY

9.1 You acknowledge and agree that Digicel is not an insurer of Digicel Products and Services and cannot insure the accuracy of your information or the privacy or security of your DIGICEL Accounts. You further understand and agree that we have no control over the acts and conduct of third parties and that you are best placed to safeguard your personal information and protect your DIGICEL Accounts from unauthorised access.

9.2 Digicel provides telecommunications services and you agree that Digicel is not responsible for losses incurred as a result of your or a third party’s use of your Digicel wireless number or other Digicel Service as a means of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account.

9.3 You acknowledge and agree that Digicel has the right, to the greatest extent permitted by applicable law, to limit the scope and extent of its potential liability to you. Accordingly, to the greatest extent permitted by law, Digicel and its parent companies, subsidiaries and Affiliates, and their past, present and future officers, employees, agents, partners, licensors, successors and assigns, shall not be liable to you or any authorised or unauthorised user or beneficiary of Digicel Products and Services for any indirect, incidental, special, consequential, treble, punitive or exemplary damages for any reason, including personal injury, property damage or loss of revenue, profits, business, goodwill, use, data or other tangible or intangible losses, arising from use or non-performance of Digicel Products or Services, actions or omissions of Digicel or its agents, third-party actions or unauthorised access, or representations not expressly set out in this Agreement.

9.4 To the greatest extent permitted by law, Digicel and the foregoing persons shall not be liable for damages arising from: (a) installation, maintenance, removal or technical support of Digicel Services, even where damage results from ordinary NEGLIGENCE; (b) unauthorised access to DIGICEL Accounts or Services, even where resulting from ordinary NEGLIGENCE by a Digicel employee, representative or agent; (c) inability to reach 114 or other applicable emergency services, interference with alarm or medical monitoring signals, or failure of such signals to reach intended monitoring stations; (d) use, inability to use or lack of interoperability between Digicel Services and third-party hardware, software or services; (e) loss of information such as voicemail, SMS, email, pictures or files; or (f) interruption, error, limitation or delay in any Digicel Service, or other problems caused in whole or in part by you or matters outside our control, including environmental or emergency conditions, power or Network outages, transmission errors, equipment damage or repair, capacity limitations, unavailable radio-frequency channels, governmental action, labour disputes, riots, terrorism or acts of third parties.

9.5 Unless prohibited by law, our total liability to you under any legal theory shall be limited to a credit or refund not exceeding the total charges you paid us for the applicable Digicel Service during the shorter of: (i) the preceding twenty-four (24) months; or (ii) the period during which you experienced the issue giving rise to your claim. If you dispute a charge on your bill, you must notify us within one hundred and twenty (120) days of the bill date. Unless prohibited by law, any legal action must be commenced within two years of the event or facts giving rise to the dispute, failing which you waive the right to pursue the claim. This contractual limitation period is tolled for thirty (30) days following submission of a valid Notice of Dispute under Clause 3.8.

9.6 Each limitation of liability in these Terms applies to claims you bring against third parties to the extent we would be required to indemnify that third party. If applicable law prohibits any limitation in these Terms, all other limitations shall apply to the fullest extent permitted by law.

10. INDEMNIFICATION

10.1 To the fullest extent permitted by applicable law, you agree to release, hold harmless, indemnify and defend Digicel and its parent companies, subsidiaries and Affiliates, and their past, present and future officers, employees, agents, partners, licensors, successors and assigns, from and against all claims by any person or entity for damages, fines, penalties or expenses of any nature arising out of or relating, directly or indirectly, to: (1) your or your Authorised Users’ access to, use of or inability to access or use any Digicel Service; (2) any breach by you or your Authorised Users of these Terms; (3) any violation of law by you or your Authorised Users, including negligence, wilful misconduct and infringement of intellectual property rights; or (4) any other claim, demand, action or complaint by any person or entity claiming by or through you or your Authorised Users arising out of or relating to these Terms or any Digicel Service.

11. PRIVACY

We take privacy seriously. For more information on how we collect, use and protect your personal information, including location information, please refer to the Digicel Privacy Policy at https://www.digicelgroup.com/en/privacy-policy.html.

12. USE BY CHILDREN

12.1 Digicel is concerned about the safety and privacy of all users, particularly children. For this reason, children under eighteen (18) years of age should not be permitted to access Digicel Services unless authorised by a DIGICEL Account holder who is their legal guardian. By permitting a child to access a Digicel Service, you give the child access to the features of that Service, the Internet and a broad range of third-party content. It is your responsibility to determine whether such features are appropriate for a child/minor.

12.2 Digicel recommends that you use any access controls offered with Digicel Services that allow you, as the DIGICEL Account holder, to block access to content you consider inappropriate for children/minors.

12.3 Digicel also recommends diligent supervision of minors using Digicel Services and the Internet. Access controls provided through Digicel Services are intended as a guide only. Neither Digicel nor its licensors shall be responsible for content accessed by you or children/minors, whether or not you use the access controls provided. Neither Digicel nor its licensors guarantees the accuracy of such controls, and you agree not to hold Digicel liable for any loss or damage arising from their use.

13. GOVERNING LAW

13.1 The laws of Haiti, being the jurisdiction in which we currently provide you with Digicel Services (or the jurisdiction of your current billing address or address of record), shall govern these Terms.

14. END USER LICENSING TERMS

14.1 If you connect to Digicel Services by using, downloading or installing an application or other software made available by us, directly or through vendors (the “Software”), your use of the Software is subject to these Terms and any End User Licence Agreement (“EULA”) applicable to the Software.

14.2 We (or, for vendor Software, the vendor) remain the owner of the Software. Provided you comply with these Terms and any EULA supplied with the Software, you are granted a revocable, non-exclusive, non-transferable and limited right to install and use the Software on one computer or device that you own and control and to access and use the Software on that device. Digicel is not responsible for any material or content you transmit, store, delete, record or play using the Software.

14.3 You may use the Software only in strict compliance with these Terms, the EULA and the terms of any other Digicel agreement associated with your device. You may not: (a) decompile, reverse engineer, disassemble, attempt to derive source code from or decrypt the Software; (b) modify, adapt, enhance, improve, translate or create derivative works from the Software; (c) violate applicable laws, rules or regulations in connection with access to or use of the Software; (d) remove, alter or obscure any proprietary notice, including copyright or trademark notices; (e) except for resale by an authorised Digicel reseller, use the Software for a revenue-generating or commercial enterprise other than participation in our Services; (f) use the Software to create a competing or substitute product, service or software; (g) use the Software to send automated queries to any website or unsolicited commercial email; or (h) use Digicel proprietary information, interfaces or intellectual property in the design, development, manufacture, licensing or distribution of applications, accessories or devices for use with the Software.

15. INTELLECTUAL PROPERTY RIGHTS

15.1 Digicel IP: (i) You agree that the Software, Digicel Services, Products and Equipment (“DIGICEL IP”) are protected by trademark, copyright, patent and intellectual property laws and/or international treaty provisions. (ii) You further agree that the source and object code of DIGICEL IP and its format, directories, queries, algorithms, structure and organisation are the intellectual property and proprietary and confidential information of Digicel and its Affiliates, assignees, successors, licensors and suppliers. Except as expressly stated in these Terms, no intellectual property rights in DIGICEL IP are granted to you by implication, estoppel or otherwise, and all rights not expressly granted are reserved by Digicel.

15.2 Third-Party Software: DIGICEL IP MAY USE OR INCLUDE THIRD-PARTY SOFTWARE SUBJECT TO OPEN-SOURCE OR THIRD-PARTY LICENCE TERMS (“THIRD-PARTY SOFTWARE”). YOUR RIGHT TO USE SUCH SOFTWARE IS SUBJECT TO THE APPLICABLE OPEN-SOURCE OR THIRD-PARTY LICENCE TERMS, INCLUDING ACKNOWLEDGEMENTS, LICENCE TERMS AND DISCLAIMERS. IN THE EVENT OF A CONFLICT, THE APPLICABLE THIRD-PARTY LICENCE TERMS SHALL GOVERN YOUR USE OF THE RELEVANT THIRD-PARTY SOFTWARE. THE APPLICATION OR ITS COMPONENTS SHALL NOT BE DEEMED “OPEN SOURCE” OR “PUBLICLY AVAILABLE” SOFTWARE UNLESS EXPRESSLY PROVIDED OTHERWISE.

15.3 DIGICEL Marks: You agree that company names and related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under licence from Digicel (“DIGICEL Marks”). You may not use DIGICEL Marks in advertising, marketing or any other commercial manner without Digicel’s prior written consent, which may be withheld for any reason.

15.4 INFORMATION, CONTENT, SERVICES AND APPLICATIONS PROVIDED BY THIRD PARTIES: DIGICEL IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR OPINIONS, ADVICE, STATEMENTS, INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Your use of third-party information, applications, services, content or products is at your own risk. Third-party providers may impose additional charges, and information provided to third parties is governed by their policies or terms. Third Party Content is protected by copyright and other applicable laws and may not be reproduced, published, broadcast, rewritten or redistributed without the written permission of the relevant third party, except to the extent permitted under applicable “fair use” provisions of Digicel Haiti copyright laws or comparable provisions of foreign laws. Digicel reserves the right, in its sole discretion, to restrict or deny access to Third Party Content or other third-party information, applications, services or products.

16. ASSIGNMENT AND THIRD PARTIES

16.1 Digicel may assign these Terms or any part of them to any non-affiliated third party without seeking your consent and without notice to you. You may not assign these Terms or any rights or legal claims arising from them without our prior written permission.

16.2 Upon any assignment of these Terms by Digicel, all references to “Digicel”, “we”, “us” or “our” shall refer solely to the assignee and shall no longer refer to Digicel or its Affiliates. From the effective date of the assignment, Digicel will no longer be your Service provider and the assignee will be responsible for providing your Services. You acknowledge and agree that Digicel will have no liability or obligation to you following such assignment and that your recourse in respect of any liability or obligation shall be solely against the assignee.

16.3 Except as expressly stated in these Terms, any person who uses or benefits from your Digicel Services is not a third-party beneficiary entitled to enforce these Terms against you, us or any other person.

17. ABOUT THESE TERMS

17.1 Your Capacity to Contract: By activating, using or paying for any Digicel Service, which constitutes acceptance of these Terms, you confirm that you have reached the age of majority in your jurisdiction and have the legal capacity to enter into binding agreements.

17.2 Changes to these Terms: At our sole discretion, we may add, modify or delete any term, condition, rate or fee applicable to a Digicel Service at any time. We will notify you of changes that are materially adverse to you by email, bill insert or message, text or other message, posting on the website for your Digicel Service, or another method we consider practicable. Continued use of or payment for Digicel Services after the effective date of a change constitutes acceptance. If we notify you of a materially adverse change during your minimum Service Commitment period and you do not accept it, you will have fourteen (14) days to cancel the Digicel Service without incurring an early termination fee.

17.3 Conflicting Terms: These Terms supersede any prior discussion, communication or agreement between the parties concerning your Digicel Services. In the event of a conflict between these Terms and an applicable EULA, these Terms shall prevail unless the EULA expressly provides otherwise.

17.4 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17.5 Survival: Upon termination of these Terms, provisions which by their nature and context are intended to survive shall continue to apply, including provisions relating to dispute resolution, disclaimer of warranties, limitations of liability, indemnification and governing law.

17.6 Entire Agreement: These Terms constitute the entire agreement between us and supersede any prior or contemporaneous agreements or understandings, including any reliance on marketing materials or statements or promises made by Digicel employees or agents.

17.7 Operational Limitations / Force Majeure: Digicel’s ability to provide Digicel Services is subject to the availability and operational limitations of required equipment and associated facilities, including third-party networks that Digicel does not control. You understand and agree that temporary interruptions or delays may occur and that Digicel shall not be liable for them. Digicel is also not responsible for interruptions or delays caused by events beyond its control, including war, acts or threats of terrorism, civil unrest, country lockdowns, sabotage by armed groups, road and/or area obstructions, labour strikes or disruptions, natural disasters (including fires, floods, earthquakes and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transport infrastructure, or any other event beyond Digicel’s reasonable control.

January 2023

A. GLOSSARY

Words shown in bold throughout this Agreement have the following special meanings:

“Additional Policies” means, in addition to these Terms, other policies applicable to the Services, such as the Acceptable Use Policy, which may be found on the Digicel website or accessed through the Services, as updated by us from time to time.

“Digicel Postpaid Mobile Telephone Service” means the Services included in your specified Digicel Mobile Service Plan, including your monthly usage allowance and charges for voice, messaging and/or data Services.

“Digicel Prepaid Mobile Telephone Service” means Services activated after the Customer has purchased an active Digicel Service Plan in Digicel Haiti.

Digicel Mobile Data Services

“Digicel Mobile Service(s)” means Digicel Mobile Prepaid and Postpaid Services to which you have subscribed and/or ordered, including any new, additional or replacement Services that we agree to provide at a later date.

“Digicel Website” means the website at https://www.digicelgroup.com/en.html or any other website address that we may notify to you.

“Equipment” means any telecommunications or other equipment supplied by us as an essential part of providing the Service(s), including upgrades and replacements. This may include, without limitation, cable modems, set-top boxes, cables and ducts. It does not include batteries or certain accessories purchased from us, nor equipment purchased from a supplier recommended by us or another supplier; such items are referred to as “Additional Equipment”.

“E-Sim Services” means the voice and digital telephony and ancillary services provided to you under these Terms.

“Network” or “Network System” means Digicel’s telecommunications network.

“Service Start Date” means the first date on which each Service is available for use or, where no installation is required, the earlier of the date the Service is activated or seven days from the date on which you ordered the Service(s) from us.

“Service Fee(s)” means Digicel Mobile Postpaid and/or Prepaid Service fees, including but not limited to fees for Services to which you have subscribed and/or ordered, including any new, additional or replacement Services that we agree to provide at a later date.

“Software” means: (a) any application related to the Services or this Agreement, including software code, scripts, interfaces, graphics, displays, text, documentation and other components; (b) any update, modification or enhancement thereof; and (c) any specific Digicel or vendor website to which the Software directs you through a browser.

“Terms” means the general terms and conditions set out in this document, the Additional Policies and all details set out in the Application Form that we ask you to sign.