TERMS AND CONDITIONS OF DIGICEL's SMART HOME EQUIPMENT AND SERVICES
Publication Date: August 29, 2023
These terms and conditions set out the agreement between (1) you ('you', 'the customer' or 'your'); and (2) Digicel (Jamaica) Limited ('us', 'we', ‘Digicel’ or 'our'); for the provision and use of Digicel’s Smart Home equipment and services.
The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the end of these terms and conditions.
Your use of the Digicel Smart Home equipment and service(s) will be governed by the terms of this agreement.
Please take a few minutes to carefully read through the terms and conditions set out below for the products and service(s) you have ordered from Digicel.
First, here are some key points you should note:
The agreement between both parties is legally binding, and is governed by the laws of Jamaica.
Your subscription for your chosen equipment and service(s) has a minimum period, which starts on the date your service(s) are installed and successfully activated. The length of the minimum period is 3 months, which you agreed to when you ordered your Digicel Smart Home products and service(s). After the minimum period, this agreement will continue until either you or we end it in accordance with the terms set out in this agreement.
You must keep the Digicel Smart Home equipment and service for the duration of the minimum period, unless you or we are allowed to end this agreement earlier, under the terms and conditions outlined in this agreement.
If you cancel the agreement during the minimum period, Digicel reserves the right to charge an early termination fee. We may charge this amount directly to any credit or debit card which you have provided us with, and by entering into this agreement, you are authorising us to do so. Alternatively, we will levy this charge onto your final Smart Home bill with Digicel. We will give you reasonable notice before making any charge.
Digicel reserves the right to amend or change the equipment and service(s), or these terms and conditions, subject to notifying you of such amendments.
A. Obtaining the services
1) We will make every effort to meet the date agreed with you for installation or activation of the equipment and service(s), in the event that we have to change the installation date we will contact you, in advance, to notify you of any changes.
2) You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your home. You further agree that anyone authorised to represent you may also be required to make decisions on your behalf about equipment, wiring, work required to complete your install, in your absence. We are entitled to assume that any person other than you who is present at installation is authorised to represent you.
3) Where we need to install equipment at your home, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. Please do not move any equipment. Should you wish to alter the positioning of any existing equipment - such as the smart station, cameras, motion sensors, door/window contact sensor, siren, smoke sensors, network switch (POE) and general controller you must contact us.
4) To provide the service(s), the equipment (e.g. the smart station and cameras) must be connected to your Digicel+ modem. You are responsible for ensuring your Digicel+ modem and service is online and active to support the service(s). You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment. You must follow our instructions for this.
5) Where we need to set up any service(s) on your equipment we will guide you through this process on the day of installation, e.g. the specific software application to be installed on your smartphone.
6) Where you are unable to take part in the set-up of your service(s), but are with us at the install, you authorise us to have access to your equipment to perform such set-up (which may include the installation of software) and to check that those service(s) are working properly. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly.
7) You are responsible for applying for and obtaining any consents and permissions necessary for us to connect and maintain the equipment at your home (for example, the drilling of holes in walls). We are not obliged to install or provide the service(s) unless all consents and permissions have been obtained. Further, we are entitled to assume that all necessary consents have been obtained unless we have been provided with something in writing stating otherwise.
8) Our obligation to provide the service(s) may also be subject to a site visit. If said site visit shows that the equipment and / or service(s) require additional time and resources to be installed or connected at your home, or if a non-standard installation is required, we may delay any installation date to ensure we can complete the work correctly. We also reserve the right to charge an additional installation fee, which may have to be paid in full before the installation is completed. We will notify you as soon as possible of the delay and new date, charges (if applicable) and approach.
9) Where a site visit deems that service will not be possible, we may cancel any installation date we have given you and terminate this agreement. You will be notified of this as soon as possible after the site visit.
10) We do not have to connect the equipment at your home or otherwise keep to this agreement if:
a) any dispute arises in respect of any consents and permissions required under paragraph A7 herein
b) your home is outside our service area or in a part of our service area where no network has been installed;
c) we are unable to activate the service(s) at your home for any reason;
d) you do not have a legal electricity supply, provided by an authorised electricity supply company;
e) you do not have a legal broadband internet connection, provided by an authorised internet service provider;
f) you do not qualify under our current credit policy;
g) you are not able to be a customer because you have previously misused any of our service(s); or
h) it is not practical to carry out the connection for health and safety reasons or for any other reason.
11) Where we cannot provide the service(s) for the reasons explained above in paragraphs A9 and A10 we shall not be under any liability whatsoever to you for any failure to provide the service(s) in these circumstances but will refund you for any payments you have already made to Digicel for installation or the service(s).
B. About the service(s)
a) If you keep to the terms of this agreement, we will provide you with the service(s).
b) In addition to these terms and conditions, the service(s) have additional policies which apply to the service(s) and their use, as published by us on the Digicel + website. These may be updated from time to time so please check the Digicel + website regularly and read through it carefully. The additional policies includes our 'acceptable use policy' which you can read on the Digicel + website. We will post notification on our website when any changes have been made to these documents.
c) To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams when contacting Digicel for support. We will notify you if we are monitoring or recording our conversations with you.
d) From time to time, we may let you try certain service(s) for free. We also have the right to withdraw these trial service(s) at any time and by giving you reasonable notice.
e) From time to time, we may supply you with service(s) or component part(s) of a service(s) for promotional purposes, whether for a charge or otherwise. We may at any time and by giving you reasonable notice stop such supply or change the promotional service(s) or component part(s).
f) Some parts of the service(s) (for example, monitoring and rapid response security services that form part of our Smart Home services) may be supplied by other organisations. As a result, due to matters outside our reasonable control or for commercial or contractual reasons, we may change, cancel or postpone all or any component part(s) of the service(s), however Digicel will make every effort to give you reasonable notice of any withdrawals and changes where it is possible to do so.
g) You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) requests additions to the service(s). For example, if someone who has access to your home requests additional service(s), they will be considered to be within your control and you will be liable for the charges associated with those additional service(s).
i) You may not use any other equipment to receive the service(s) other than the equipment we have provided to you for the express purpose of receiving the service(s) (such as alarm panel and software application).
2) Monitoring services
a) We will provide seven (7) days per week, twenty-four (24) hours per day monitoring of the security equipment installed in your home in accordance with the terms and conditions provided in this agreement.
b) Once the equipment has been installed and activated, you will provide to our alarm monitoring centre a passcode as well as the name and phone number for one (1) primary emergency contact on your account and the name and phone number for one (1) secondary emergency contact. You will also be asked to provide one (1) or more security question and answer for your account. All contacts on your account should know the passcode.
c) You are responsible for keeping secure your passcode and any security questions and answers for your account and ensuring that any contacts provided on your account keep your passcode secure.
d) You understand that the security equipment, once installed with the “armed” feature activated and once there is a breach, will trigger alarms that are sent to our alarm monitoring centre.
e) An alarm will also be triggered to the alarm monitoring centre if the security equipment is turned off or if the sensors are tampered with.
f) Our alarm monitoring centre will call your primary or secondary contact (in the event that your primary contact cannot be reached) once any alarm on the security equipment in your home has been triggered to confirm the alarm is not false.
g) Our alarm monitoring centre will first attempt to call the primary contact on your account and if they fail to make contact with the primary contact, they will attempt to reach a secondary contact.
h) Once the primary contact or the secondary contact answers the call, they will be required to provide your passcode.
i) If: (1) your pass code is provided and your primary or secondary contact confirm the occurrence of an emergency; (2) your pass code is not provided; (3) your pass code is provided incorrectly or; (4) our alarm monitoring centre is unable to reach the primary or secondary contacts provided, our alarm monitoring centre will attempt to notify the appropriate public emergency authorities (i.e. police, fire department or other public emergency personnel) and, where applicable, the private security response services.
j) Where excessive false alarms are caused whether by equipment failure, environmental conditions, animals, insects, or other factors that interfere with the proper operation of the equipment thereby causing unnecessary dispatches of the emergency authorities, you agree to permit Digicel to temporarily disable or disconnect the equipment causing the false alarms until the problem causing the alarms has been rectified. You further indemnify and hold Digicel harmless against any claims, losses or damages that may arise during this period of disconnection.
k) You understand that Digicel does not receive signals after the transmission mode of the equipment has become non-operational and that alarm signals from the security equipment cannot be received by our alarm monitoring centre after the transmission mode is cut, disconnected, interfered with or otherwise damaged.
l) You understand and agree that the obligation of our alarm monitoring centre to make contact with the appropriate public emergency authority does not in any way warrant or guarantee that a relevant public emergency authority will have available personnel for dispatch or will attend at your home or will attend at your home in a timely manner.
m) You understand and agree that Digicel makes no guarantee or warranty (including any implied warranty of merchantability or fitness) that the equipment or services supplied will avert or prevent occurrences or the consequences therefrom which the equipment or service is designed to detect.
n) You understand and agree that Digicel shall be exempt from liability for loss or damage due directly or indirectly to occurrences, or consequences arising there from, which the equipment or service is designed to detect or avert and shall not be responsible or liable for loss or damage due to a defect in or failure of equipment or service howsoever caused or arising. You hereby hold Digicel harmless against all losses, damages, claims, costs, expenses (including legal and other professional fees and expenses) made as a result of any damage or injury suffered or incurred arising from or in connection with the equipment or service.
3) Private Security Response Services
a) Private security response services are an additional service that you can request as part of your service(s).
b) By accepting the private security response services, you hereby acknowledge and agree that these private security response services are provided by third party providers. These third party providers will have armed guards who will be dispatched in the event of an emergency.
c) You hereby acknowledge and agree that at no time will Digicel be held accountable for any loss or damage arising from the performance of the private security response services.
d) The private security response services will be billed as a separate line item on your bill for the service(s).
C. Looking after your service(s)
1. We will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly, to meet our standards and for us to provide the service(s) to you.
2. We will always aim to provide you with the best service possible, but we (as well as our agents, suppliers and third party contractors) will not be liable for any damages or alarm signal failures due to communication disruptions to telephone lines, cell phones, internet connections, radio frequency, internet, any other transmission modes or any delay or failure to respond by the public emergency authorities or by the third party private security response services which are beyond our reasonable control.
3. You agree that you will tell us about any fault in the service(s) by contacting our customer services team, who will aim to respond as promptly as possible. In some circumstances, it may be possible to correct a fault over the phone. If this is not possible, we will send a technician to correct the fault.
4. If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee:
a) The damage or defect in the equipment is discovered more than six (6) months after installation;
b) Misuse or neglect of, or accidental or wilful damage to, the equipment;
c) Fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover; or
d) Your failure to keep to this agreement.
5. You are responsible for maintaining any equipment which you own (for example, smartphones, modems, other smart devices and so on) that is relevant to the service(s).
6. We are not responsible if you are not able to use the service(s) because your equipment (for example, your smartphone, other smart devices or other equipment) does not work properly or is not compatible with the system.
D. Using the service(s)
1. You are responsible for the way the service(s) are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the service(s):
a) Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person;
b) Perform any illegal activity;
c) Break, or try to break, the security of anyone else's equipment, hardware or software;
d) Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide;
e) Use the service(s) for commercial or business purposes;
f) Use the service(s) in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer.
If we believe that you are using the service(s) in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the service(s) with notice.
2. You must, at all times, make sure that the way you use the service(s) does not break the law.
3. The service(s) and equipment are provided for residential use only and the following acts are not permitted:
a) re-selling all or any part of the service(s).
4. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the service(s) supplied to you under this agreement, or with getting the service(s) without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section D.
5. If you misuse the service(s), get service(s) from us without our permission, or do not meet your responsibilities under this section D, we will, with notice, be entitled to suspend the service(s), end this agreement and/or terminate any licence to use the software related to the service(s), and you may incur charges.
E. Using our equipment
1. The equipment provided to you under this Agreement is and will remain our property. We may need to alter or replace the equipment from time to time. For us to do this, we will need you to provide us with reasonable access to your home.
2. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
a) Follow the manufacturer's instructions and any other instructions we have given you;
b) Keep the equipment in your home and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
c) Not tamper with disassemble, misuse, neglect or damage our equipment;
d) Not remove, tamper with or cross out any words or labels on our equipment;
e) Take proper care at all times to prevent the loss or theft of our equipment.
3. You agree to tell us immediately about any loss, theft or damage to any part of our equipment. You should do this by contacting our customer services team. You agree that you are responsible for and will bear the cost for any loss, theft or damage to the equipment, regardless of how it happens.
4. If we or you end this agreement, if you decide to disconnect some of our service(s), or if you wish to take up an offer to upgrade the equipment we provide to you, you must (if we choose) make the equipment available for collection in a good and proper working e condition, fair wear and tear excepted. If you fail to make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the equipment. If we hold any money for you, we may use that money towards the cost of the equipment.
5. If you have purchased any additional equipment, we encourage you to dispose of it responsibly if you're no longer using it. Any equipment which you own and which you connect to the system (for example, smart devices) must be in compliance with all relevant laws and regulations and must be approved by us. We reserve the right to disconnect any equipment that does not meet with our approval or with relevant laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment. You will be responsible for any loss or damage which results from using our equipment with equipment that is not approved by us.
6. We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We, our agents, suppliers and third party contractors will not be liable for any loss of or damage to any additional equipment.
8. We and our suppliers retain title to and ownership of the software for the equipment as well as any software related to the service(s) we provide to you and all intellectual property rights in and on that software and equipment.
9. Where we sell you additional equipment (e.g. power strips) these will be your equipment to own and maintain. Such equipment will only be covered by the manufacturer’s guarantee and your original receipt / proof of purchase will be required for any relevant replacement. Any other replacement will be charged at the normal list price.
F. Paying for your service(s)
1. You must pay the charges for the service(s) as set out in your monthly invoices or as otherwise notified to you via publication on our website and information available at our stores, together with any applicable taxes. You can also request information on our charges by contacting our customer services team. All payments by you should be made to Digicel (Jamaica) Limited.
2. You must ensure that your payments are received by Digicel by the due date for outstanding amounts shown on your bill. If you do not pay your bills on time, you will be liable for late fees or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you, where applicable. We may also suspend or cancel the service(s) and charge you the costs of debt recovery proceedings to recover any debt you owe under this agreement. We are also entitled to the return of the equipment you received for the services under this agreement.
a) Under this agreement, if you ask for any changes to the service(s) provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
b) You may choose to pay your bills by cash, credit or debit card, or by Direct Debit, either electronically, at Digicel stores or using designated third party payment facilities.
c) If any Direct Debit or payment of yours is cancelled or is not cleared by your bank, we are entitled to charge you a default fee and the provisions of paragraphs F3 and F4(c) will also apply.
d) You may choose to receive a paper bill instead of an electronic bill (“e-bill”). Where you have access to electronic billing (“e-billing”) but choose to receive a paper bill, you agree that we may charge you a separate fee each month for this.
e) You must provide us with a valid and current e-mail address to use e-billing. The accuracy of that e-mail address is entirely your responsibility.
f) You shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address or contact number you have specified whether or not:
i) you access that e-mail account and read the relevant e-mail;
ii) you are disconnected from your e-mail account (for any reason); or
iii) any other reason (other than our negligence) you fail to read the relevant notifications.
g) Reminders may be sent for late bill payments.
h) If you want to change any of the service(s) agreed to, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.
i) You may be asked for a deposit at any time (as we believe to be reasonable in the circumstances) as security for the equipment. In case you do not pay your bills or make the equipment provided to you available for collection by us, all or any part of this deposit may be used to pay any charges you owe under this agreement.
4. If at any time before or during the term of this agreement you fail to meet the credit conditions imposed by us, we may do the following:
a) Require you to make a payment (which shall be made to Digicel) in advance for future charges;
b) Enforce credit limits on you for any charges (to the extent that we believe is reasonable in the circumstances), restrict the level of service(s) we provide to you, only allow certain methods of payment and/or suspend some or all of the service(s) at any time when you reach the limits until we have received the full payment of any charges you owe under this agreement;
c) Demand a deposit from you as described in paragraph F3 above.
G. Your details and how they are looked after
1. You must provide promptly and accurately all the information which may be needed so that we can perform our respective obligations under this agreement. You must also tell us immediately if any of your details change.
2. By having the service(s) provided by us installed in your home and/or by using them, you hereby expressly consent to our use of your personal information together with other information for specific purposes as outlined in our Digicel + Privacy Notice at https://www.digicelgroup.com/jm/en/digicel-plus/legal/privacy-notice.html including:
a) providing you with the service(s), service information and updates;
b) administration, credit scoring, customer services, training; and
c) Improving and developing the service(s) for you.
Your personal information may be used for these purposes for the period you are a customer. Occasionally third parties may be used by us to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions (as applicable) and applicable law. For full details of how your personal data is processed, please refer to our Digicel + Privacy Notice at https://www.digicelgroup.com/jm/en/digicel-plus/legal/privacy-notice.html
3. We may share with third parties information about your use of the service(s) in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
4. Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
5. We may electronically record all telephone conversations between you and us, provided that we give a prior warning tone or other message notifying you of any such recording, and that, to the extent permitted by Law, any such recordings may be used for training or quality control purposes, or may otherwise be stored and submitted in evidence to any court or in any proceeding for the purpose of establishing the formation or existence of a transaction and the terms thereof. Where any personal data is captured or recorded, we shall redact or otherwise employ strict technical and organizational measures to secure and protect your data.
6. We may also disclose your personal information to other Digicel group companies so that they can contact you with information about their products and services where you have given us your consent to do so. Your personal details won’t be shared with companies outside the Digicel Group for marketing purposes without your consent.
7. You are free to withdraw your consent at any time to receiving the aforementioned information from us by contacting our customer service. If you opt out of receiving this information from us, we will not contact you for marketing purposes, nor will we share your information with other Digicel Group companies for them to market to you. If you say you don’t wish to receive any promotional information from us, this will exclude you from receiving any of our special offers or promotions which may be of interest to you. You can also opt out of receiving marketing information from other Digicel Group companies at any time by contacting them directly.
8. You have a right to ask for a copy of your information in our possession (for which we may charge a fee) and to correct any inaccuracies.
9. If you do not pay your bills for the service(s), then we reserve the right to transfer your debt after a period of ninety (90) days to a third party with reasonable notice to you in which case your personal information will also be transferred to that third party for it to be used in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and will not be acting on behalf of or with our instructions in relation to how this debt is recovered. We may also disclose information about you if required to do so by law or by order of a court or other competent body.
H. Changing this agreement
1. You may add to or reduce the service(s) you receive from time to time by contacting our customer services team. If you ask us to provide any extra service(s) to you, you agree to accept those additional service(s) for at least the minimum period that applies to them. If you ask us to reduce your tier of service(s) within the minimum period for those service(s), we may ask you to pay a fee depending on the service(s) being reduced and the remaining length of the minimum period. If you wish to reduce your tier of service(s) or remove any additional service(s) (including services for add on devices) you must give us 30 days’ notice and pay any charges up to the end of that 30-day notice period.
2. Digicel may at any time improve, modify, amend or alter the terms of this agreement and/or the service(s) if:
a) there is any change or amendment to any law or regulation which applies to Digicel or the service(s) provided to you;
b) We decide that the service(s) should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so;
c) for security, technical or operational reasons;
d) there are any changes with our third party providers;
e) if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or
f) in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the service(s) provided to you.
3. Digicel may change our charges at any time. Any changes to our monthly charges will be published by us on the Digicel + website and we will also give you thirty (30) days advance notice of the change(s).
I. Suspending service(s)
1. We may suspend any or all of the service(s) with reasonable notice if:
a) you have broken this agreement (including additional policies, like the acceptable use policy) (and in such an instance we reserve the right to reduce the level of service(s) affected);
b) maintenance, repairs or improvements to any part of the equipment, service(s) or the system need to be carried out;
c) we have to do so by law or in line with a third party contract;
d) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the service(s) and/or the equipment or at any time during the provision of the service(s);
e) we believe that you or another person at your home have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the service(s) or equipment (or both);
f) you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
g) in our reasonable opinion it is necessary to do so.
2. If the service(s) is/are suspended because you have broken this agreement or if paragraphs I1(d), (e) or (f) apply, we may make a charge to reflect our costs in connection with suspending and starting the service(s) again. In normal circumstances you must pay this charge before you can use the service(s) again.
3. If the service(s) is/are reduced because paragraph I1(a) applies, then during any period of reduction, you will remain liable for the payment of your original level of charges.
J. Ending this agreement
1. Either you or we may end this agreement at any time (including during or at the end of any minimum period) by giving the other thirty (30) days' notice. You must pay any charges up to the end of that 30-day notice period. You may also have to pay an early termination fee if your service(s) end within the relevant minimum period as set out in paragraph J2.
2. If you end one or more service(s) during the minimum period for such service(s) (other than in the circumstances outlined in section K or paragraph J3), or if you break this agreement and we end this agreement under paragraphs J8, J9, J10 or J11 (including for non-payment of charges) within the minimum period applicable to those service(s), you must immediately pay an early termination fee in respect of each cancelled service(s). The early termination fee represents any costs we have subsidised for you upon signing this agreement.
3. If we break the terms and conditions of this agreement, you are free to end this agreement without penalty, subject to paragraph J6.
4. We may end this agreement immediately by giving you notice:
a) if we have to do so by law or in line with a third party contract;
b) if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
5. When this agreement ends or you cancel a service, we will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the service(s). You will no longer be able to use the equipment.
6. If this agreement is ended for any reason, or if any of the service(s) are cancelled, we will be entitled to use any money held (including deposits and advance payments) to pay any obligation or debt you may owe under this agreement. We will contact you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance.
7. We may end this agreement immediately if:
a) you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
b) we believe that you or another person at your home have committed, or may be committing, any fraud against us, or any other person or organisation by using the service(s) or equipment (or both);
c) you breach any term of this agreement (including the additional policies) and, in the event that the breach can be remedied, you have not remedied the breach within seven days (or such other period as we specify) ;
d) We have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the service(s) and/or the equipment from us or at any time during the provision of the service(s);
e) any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
f) we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority or competent authority;
g) you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
h) We are specifically entitled to do so under any other section of this agreement.
8. If you break this agreement and we choose to overlook it, we can still end the agreement with you if you break it again.
9. If we end this agreement because you have broken this agreement as set out in paragraphs J8, J9, J10 or J11 (including where you have not paid the charges which you are liable to pay under this agreement) during any relevant minimum period, we are entitled to: (a) charge you for any charges for; and/or (b) prevent access to; and/or (c) disrupt access to; those service(s).
10. If you break this agreement by committing fraud or any other criminal activity, we may report this to the police, who may take legal action.
K. Moving home
1. If you move to another address within our service area, you may ask us to provide the service(s) to your new address. You must provide at least one month's notice to do this, but we cannot guarantee to provide you with the service(s) at your new address.
2. If you move to another address during any minimum period paragraph J2 will apply, unless you continue to receive our service(s) at your new address (in which case paragraph K3 will apply).
3. If we agree to provide the service(s) to your new address, you may have to pay a service transfer fee.
L. Visiting your home
1. You authorise us to install, keep and use apparatus (including but not limited to equipment and additional equipment) at your home and you agree that we and our employees, agents or contractors may enter your home, providing reasonable notice and with your permission, so that we can:
a) carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for us to supply the service(s) you have asked for; and
b) Inspect any apparatus and equipment (like your modem) which you may keep there.
2. We agree to cause as little disturbance as reasonably possible when carrying out any work at your home. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your home.
3. You agree not to do anything, or allow anything to be done, at your home that may cause damage to or interfere with any apparatus or equipment or prevent use or easy access to it.
4. You confirm that you are
a. the current owner of the home; or
b. a tenant under a valid lease; or
c. a licensed occupier of the home.
5. We cannot normally be required to remove permanent installations if you terminate this agreement or move from your home.
M. Liability to you
1. Our liability to you is limited as set out in this paragraph M.
2. When we carry out any obligation under this agreement, our duty to you is to exercise the reasonable care and skill of a competent provider providing similar services only.
3. We, our agents, suppliers and third party contractors do not make any representations about the suitability, reliability, availability, timeliness of response, accuracy of the software, equipment, and related content made available as a part of the service(s). All such information, software, products, and related content and services are provided “as is” without warranty of any kind. All implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement are hereby waived to the fullest extent of the law.
4. We, our agents, suppliers and third party contractors make no representation or warranty that: (1) the equipment may not be compromised or circumvented, (2) the service(s) will prevent any personal injury or property loss; or (3) that the service(s) will provide adequate warning or protection. The service(s) do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, including, but not limited to, burglaries, robberies, fires, floods, and medical problems. You understand that the service(s) properly installed and maintained may only reduce the risk of a burglary, robbery or other events occurring without providing an alarm, but it is not insurance or a guarantee that the equipment and services purchased will detect or avert such incidents or their consequences, or that there will be no personal injury or property loss as a result.
5. We, our agents, suppliers and third party contractors will not be liable to you for:
a) Any direct, indirect, punitive, incidental, special, consequential, or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the service(s) which is not a reasonably foreseeable consequence of our negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) or otherwise arising out of the use of the service(s), whether based in contract, tort, negligence, strict liability, or otherwise;
b) unauthorized access to, alteration of and/ or transmission of your data, lost or destroyed data or software; any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss;
c) any risk that you or your property, or the person or property of others, which may be subject to injury or loss if such an event occurs. You agree the allocation of such risk remains with you. By using the service(s), you release, waive, discharge and promise not to sue or bring any claim of any type against Digicel, our agents, suppliers and third party contractors for loss, damage or injury relating in any way to the service(s).
6. You agree to indemnify and hold us, our agents, suppliers and third party contractors harmless from and against any and all liabilities for claims arising under or relating to the service(s), warranty, negligence or any other theory of liability.
7. If you are dissatisfied with any portion of the service(s), your sole and exclusive remedy is to discontinue the service(s).
8. We, our agents, suppliers and third party contractors shall not be liable for any damages or alarm signal failures due to communication disruptions to telephone lines, cell phones, internet connections, radio frequency, internet, any other transmission modes, including but not limited to DSL, cable, ADSL, and VOIP. Digicel shall have no responsibility or liability for interruptions of service(s) or any resulting consequence.
9. We, our agents, suppliers and third party contractors shall not be liable for delays or failure to respond by the public emergency authorities or any of the authorised third party private security response services.
10. We, our agents, suppliers and third party contractors shall not be liable for any loss or damage to person or property as a result of any act or negligence by the public emergency authorities or any of the authorised third party private security response services.
11. You understand and agree that: (a) We, our agents, suppliers and third party contractors are not insurers of your premises, property or the personal safety of persons in your premises; (b) you are solely responsible to provide any insurance on your premises and its contents; (c) the amount you pay to Digicel is based only on the value of the system and service(s) Digicel provides, and not on the value of your premises or its contents; (d) alarm systems and the alarm monitoring centre may not always operate properly or at all for various reasons; (e) it is difficult to determine in advance (i) the value of the property that might be lost, stolen or destroyed or (ii) the damages incurred resulting from or caused by personal injury or death to you or any other person if the system or our service(s) fail to operate properly or at all; (f) it is difficult to determine in advance how fast any public emergency authority or authorised third party private security response services would respond to an alarm signal; and (g) it is difficult to determine in advance what portion, if any, of the property loss, personal injury or death would be proximately caused by our failure to perform, our negligence, or a failure of the system or the service(s) provided herein. Therefore, to the fullest extent allowed by law, you agree - even if a court decided that Digicel’s breach of this agreement, a failure of the system, our negligence, our action or inaction, or a failure of the alarm monitoring centre or monitoring or repair service caused, contributed to or allowed any harm or damage (whether property damage, personal injury or death) to you or anyone in your premises - that our liability shall be limited to, Two hundred and Fifty Dollars ($USD250), as liquidated damages and not as a penalty, and this shall be your only remedy regardless of what legal theory is used to determine that Digicel was liable for the injury or loss.
N. Matters beyond our reasonable control
1. We, our agents, suppliers and third party contractors will not be liable for failing to do what is promised under this agreement if we are prevented from doing so by something outside our reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, industrial disputes, epidemics or pandemics.
2. You understand and agree that Digicel, its agents, suppliers and third party contractors are not insurers and that this agreement is not intended to be an insurance policy or a substitute for an insurance policy. Digicel, its agents, suppliers and third party contracts make no warranty, express or implied, that the service(s) will prevent any loss, or will in all cases provide the protection for which it is intended.
1. Any notices personal to you will be in writing and be delivered by hand, sent by fax, ordinary post to you at your home or sent electronically. Any notices you give to Digicel should be given in line with the directions set out on the "Contact Us" area of the Digicel + website or in your Getting Started Guide. Any notice period will start from the day on which the notice is delivered if it is delivered by hand, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.
P. Transfer of agreements
1. This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written consent. For business reasons, we may transfer any of our rights and responsibilities under this agreement without your permission.
Q. The law and how your complaints are resolved
1. This agreement will be governed by the laws of Jamaica. If any provision is found to be unenforceable it shall not invalidate the remainder of this agreement.
2. We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame.
R. Return of equipment
1. Where the services or this agreement is cancelled, terminated or otherwise ended, you must return the equipment to your nearest Digicel retail outlet within seven (7) days of same. The equipment must be returned in an undamaged condition (reasonable fair wear and tear excepted). If you fail to return the equipment within this time, you acknowledge and agree that we may attend your home to retrieve same upon us giving, to the extent reasonably possible, reasonable notice to you.
2. Notwithstanding the above, you must not attempt to uninstall/remove any of the equipment listed below from your home as same requires professional removal. Where the services or this agreement is cancelled, terminated or otherwise ended, you must contact our customer care centre within seven (7) days to make arrangements for our technicians to attend your home and remove the equipment listed below. If you fail to contact our customer care centre within this time, you acknowledge and agree that we may attend your home to retrieve the equipment listed below upon us giving, to the extent reasonably possible, reasonable notice to you.
· Outdoor camera and power adaptor
· Motion sensor
· Window/Door Contact sensor
· Smoke sensor
· Network switch
3. If you fail to return or to make available for removal any equipment or if you return same in damaged condition, you will be liable to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. You acknowledge and agree that we will be entitled to use any money held by us on your account (including deposits and advance payments) and/or apply any refund due to you by us to pay these charges. You further acknowledge, agree and authorize that we may also charge this amount directly to any credit or debit card which you have provided us. The aforementioned are in addition to all other rights available to us including our right to bring proceedings against you.
The words in bold throughout this agreement have the following special meanings:
the terms and conditions set out in this document, the additional policies, together with all the details set out in the application form we ask you to sign.
Any security equipment, smart device or other equipment we supply to you as an essential part of providing the service(s) (including upgrades and replacements). This may include (but is not limited to) the smart station, indoor cameras, outdoor cameras, sirens, motion sensors, smoke sensors, panic remote, smart remote, universal remote controller, general controller, key fob/panic button, smart plugs, smart light bulbs, smart light switch, network switch (POE). This does not include batteries or certain accessories such as smartphones which you may purchase from us, nor does it include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.
the residential property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the service(s) to you .
the minimum period that you must keep a service(s), starting from the service start date or such other minimum period as you have agreed with us. For example, unless you are told otherwise by us, you must keep the service(s) for a period of three (3) months from the service start date and, in the case of other service(s), for at least thirty (30) days. We may change the minimum period for any service(s) but this will not affect you if you have already subscribed to that service(s).
'Normal Working Hours'
these are 8am to 5pm on Monday to Friday. These hours may change.
as well as the terms and conditions set out in this agreement, the service(s) are subject to other policies such as the acceptable use policy and you may find these on the Digicel Smart Home website or they can be accessed through the service(s), as updated by us from time to time.
the Smart Station device that controls all installed devices and sensors.
'Service Start Date'
the first date on which each service(s) is available for you to use or, where no installation is required, the earlier of the date your service(s) is activated or seven days from the date you ordered the service(s) from us.
Smart Home service and/or the monitoring, and/or rapid response security services which you have ordered under this agreement including any new, extra or substitute service(s) which we agree to supply you at a later date.
means Digicel’s Smart Home alarm panel, smart phone application, ancillary devices and alarm monitoring network
'Digicel + Website'
The website at https://www.digicelgroup.com/jm/en/digicel-plus or any other website address we may tell you about.