Terms & Conditions for Digicel Telephone Services

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Terms & Conditions for Digicel Telephone Services

 

(Our Terms & Conditions have been updated - June 22, 2017)

 

1. Agreement

These terms and conditions shall govern the relationship between Digicel (Jamaica) Limited (hereinafter referred to as "we", "us" "our" “Digicel” or "the company") and the user (hereinafter referred to as "you", "your" "the customer") of telephone services (hereinafter referred to as "Service(s)", "Telephone Service(s)").  By using the Services after activation of your SIM Card, you have agreed to these Terms and Conditions which shall thereafter constitute legal and binding obligations on the parties. Your registration form shall form part of these Terms and Conditions. These Terms and Conditions annul all prior understandings between you and us. We reserve the right to amend or unilaterally change any of the Services and or the terms and conditions of this Agreement subject to notifying you of such amendments by way of advertisement in the national media, our website and/or text message to your device. If the Service is used after notice of amendment, then it shall be deemed accepted. This agreement is governed by the Laws of Jamaica. 

2. Information Disclosure

We reserve the right to refuse any request for account information where we are unable to verify that the requester is in fact the account holder, authorized user of the account. The company may however, disclose any information about you and your accounts

  • if the company, in its discretion, deems such disclosure necessary; 
  • pursuant to legal process or subpoena
  • pursuant to a request from a duly registered Credit Bureau
  • if disclosure is necessary to protect the company’s interests. 

By using the Service you consent to and authorize any such disclosure. The company shall not become liable by reason of the giving of such information or of it being inaccurate or incomplete. 

3. Provision of Service

Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of the Services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects in the Network. Digicel shall not be liable for any alleged losses suffered as a result of your inability to make or receive calls or for call interruptions or failure.

4. Service Charges

The company’s charges for the Services, as amended from time to time, also form part of this Agreement. We reserve the right to alter such charges and will notify the Customer of such change by notice in writing, via national media, text message and/or via our website. Service charges shall be subject to GCT, STCT and any other applicable taxes and fees as imposed by the government from time to time.

5. Digicel Numbers

You do not have any proprietary rights, legal interests or goodwill whatsoever to any number allocated to you. We reserve the right at any time to alter or replace a number allocated to you or any other name, code or number whatsoever associated with the Service. 

6. Telephone Directory & Caller ID

Our Network may allow the display of your telephone number in our telephone directory and on receiving handsets, unless you have made a request to prohibit such disclosure. 

7. Accessing the Service

You will need a SIM card and a handset that is compatible with our network in order to access the Service.

8. SIM Card

The SIM card provided by us can only be used on our network. You must not interfere with the SIM card for any reason. SIM cards which are lost, stolen or damaged (through no fault of ours) will require payment for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design will be replaced free of charge once returned within the warranty period specified. 

9. Handsets

Customers may purchase handsets at a subsidized or discounted cost through our authorized dealer channel. These handsets are therefore network locked and Customers are not permitted to remove, or have a third party remove the lock, without explicit authorization from Digicel. Digicel will only provide unlock codes to Customers who have remained active on the network for over a year or upon payment of the difference in the purchase price for the phone and the actual unsubsidized or undiscounted retail price. Handsets purchased may only be returned in accordance with Digicel’s Warranty and Repair Guidelines.

10. Prepaid Accounts Top Up Terms

10.1 Using your Account

You will need to top-up your account with credit in order to use it.  As you make calls or send messages from your pre-paid account, charges are incurred and will be deducted from your account. If you make a call and your credit expires during the call, the call will be terminated. Your account balance is available by dialing the customer help line created for that purpose or by dialing the Fast Balance code from your phone. There will be no refund for your recharge card. If you have a problem with your recharge card, please call the customer care centre.

10.2. Top-up Your Account

You may add credit to your account at any time by using any available pre-paid top-up methods. Each top-up voucher has an expiry date which indicates the time in which you have to use the credit added. Each time you top up your account, the new expiry date on your account will be the higher of the vouchers loaded on your account. Your account will go through the Prepaid Subscriber Life Cycle that consists of 4 different states: 

State 1: Active – Your account becomes active once you have made or received your first call using your preinstalled credit given by Digicel. You must thereafter recharge/top up your account to keep it active. The number of days your account remains active is dependent on the value of the top-up purchased. Each top-up denomination has a defined number of days before the top-up voucher expires. 

State 2: Inactive – Your account becomes inactive when you have utilized all the credit added to your account/the entire value of your top-up. In this state, you can receive calls or SMS (text messages) but you cannot use a paid Service. You can only call emergency numbers, toll free numbers and Customer Care as well as your fast recharge number to top up your account, 

State 3: Deactive – Your account moves into this state when your credit has expired. In this state, you can receive calls and SMS (text messages), however you cannot use a paid Service. You can only call emergency numbers, toll free numbers and Customer Care as well as your fast recharge number to top-up your account.  You must top up your account within sixty days to reactivate it, otherwise, your account will become expired. Once you have moved into the active state any money remaining on your account, will be added to your new balance. The new balance is verified by an announcement from the network. 

State 4: Expired – Your account becomes expired if you fail to recharge your account before the 60 days given in the Deactive state. At this point your account will be terminated and you will be removed from the Network. Your number and any credit on your account will be lost. You may not transfer any credit balance to a third party and Digicel will not be liable to compensate you for this loss.  

10.3. Reactivation

If you wish to regain access to the Network, you will need to purchase a new DigiFlex SIM Pack. 

10.4. Invoice

No invoice, including the provision of periodic or itemized statements of account, or record of calls made and/or received will be sent to a prepaid customer. Digicel has no obligation to give you proof of the current state of your pre-paid account, how your credit is used or prima facie evidence of the state of your account or of any other matters recorded. 

11. Postpaid Account Deposit & Payment Terms

11.1Security Deposit

You will be required to make a security deposit in order to be connected or reconnected to the Network. The company may, at its absolute discretion opt to pay interest on the security deposits received. This security deposit is refundable after this Agreement is terminated and all outstanding monies due to us have been collected. A security deposit does not negate you from your liability to pay for the Services rendered through the SIM Card assigned to you, including all costs associated with its unauthorised use.

11.2 Roaming

You are required to pay a deposit on an amount to be specified by the company for the ability to roam or use your phone whilst travelling abroad on another network with which the company has a roaming agreement.

11.3 Credit Limit

You will be notified of your credit limit when your application is accepted. We reserve the right to increase or lower your credit limit at any time, without prior notice. You agree that your debt will not exceed your credit limit. Your credit limit, established at the discretion of the company, relates to your current usage. Service may be suspended if your account usage exceeds your credit limit.

11.4 Payment

When you use the SIM Card and/or Digicel Mobile Services, you will be charged for the Services in accordance with the prevailing rates and taxes which may be amended from time to time. Service charges, subscription fees and any other charges incurred in relation to the Services provided to you by us under this Agreement will become a debt owed by you to the Company. You agree to repay this debt to the company at any designated collection centre. If payment is made by cheque or any other instrument, a return fee may be charged by the company, should this method of payment be dishonoured. The company reserves the right to reject and/or disallow cheque payments from you once dishonoured cheques have been processed through your account. You will be charged for the right to use any technology developed by the company. The company reserves the right to charge interest on overdue amounts. We are not liable for any loss or damages suffered as a result of the use of, or failure in any bill payments services. We are in no way obligated to provide Service to you if you have defaulted in payment of any sums due by you. In this event, we reserve the right to charge a reconnection fee and/or revise your payments terms and/or restrict your Service/feature types, prior to restoration of Service. Should you refuse to accept the Terms and Conditions of Service, we reserve the right to refuse to reconnect you. We may require you or your estate to pay your total debt immediately if you do not carry out your obligations under this Agreement; if you become bankrupt or insolvent, or die, or upon legal attachment, levy or execution against you, your estate or your property or if your SIM Card is used contrary to this Agreement. Invoices will be sent in the form of an electronic bill (‘eBill’) only. Your eBill will be sent to your email inbox via the email address on record that is provided at the time your account is activated unless otherwise specified. You agree to accept our records of a transaction as accurate unless you can provide contrary evidence that is satisfactory to us. Payment is due upon invoice presentation date, i.e. once the invoice is available to you. You are responsible for ensuring that the email address provided at the time of activation is accurate and for updating your email address as necessary by contacting the Customer Care Centre. You are responsible for adding ebill@digicelgroup.com to your email account’s ‘Safe Sender’ list and address book and we will not be held responsible for customers’ non-receipt of invoices where an incorrect email address is provided. You will be deemed to have received an invoice on the day that the email is sent to your email address on record. Invoices can otherwise be obtained by contacting the Customer Care Centre. We reserve the right to contact you to seek payment of amounts due. All invoices generated will be available for reprint on request. You may be required to pay for reprints. We reserve the right to change billing cycles and/or to issue interim invoices.

11.5 Foreign Currency Transaction

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

12. Customer Obligations

You have consented to: 

  • only use Digicel’s recommended equipment and facilities with the Network and comply with laws and regulations governing its use; 
  • use the Digicel’s technology on terms specified by us when it is made available; 
  • comply with laws and regulations governing this network and the Services; 
  • follow our reasonable instructions related to your use of equipment, handsets or Services issued by us; 
  • comply with all reasonable requests by us, or others on our behalf, particularly in relation to the investigation of fraud or other offences or as required by law or in legal proceedings. 

Should the company deem it necessary to enforce its rights hereunder in any legal action you will reimburse the company for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action. 

13. Equipment & Connection To Network

Only equipment that is approved by the company shall be used by you to connect to the Service and the company may from time to time specify the type of equipment that may be connected to or used by you in respect of the Service. You shall immediately disconnect any equipment or device to the company’s network which is not approved or does not comply with the company’s specifications upon demand. The company’s representative shall have access to your premises to verify that only approved and compliant equipment or devices are used in connection with the Service. In no event shall you interfere with any equipment provided to you by the company for use with the Service. The company accepts no responsibility for the maintenance repair or condition of equipment or devices which are not the company’s property and you will maintain all equipment and devices in good condition which are used or connected to the Service. 

14. Suspension & Termination.

This Agreement may be suspended and/or terminated without the need for prior written or verbal communication: 

  • if you breach any statutory restrictions/regulations/ procedures that govern this network and service;
  • if you do not comply with and/or breach any of the Terms and Conditions of this Agreement; 
  • if intermittent checks, modifications and/or maintenance is deemed necessary by the Network; 
  • if you notify us that your handset has been lost or stolen; 
  • if we have reasonable cause to believe that Service was obtained fraudulently or fraudulent or improper use of your handset or SIM Card is taking place against us or a third party; 
  • if you commit a trespass on the Network or any equipment owned by the company; 
  • if you conspire to defraud the company; 
  • if, in the sole opinion of the company you should do anything which would or is detrimental to the operation of the Network or the company;
  • if you are abusive or threatening to the company or to any member of staff or agent of the company, where abusive and threatening behaviour will be determined solely in the company’s discretion
  • if services rendered to you in the sole opinion of the company may cause the Operation of the Network to be jeopardized or impaired, or allow others to do any of the foregoing with your equipment or any act which does not comply with relevant legislation and regulation; 
  • if we are unable to provide the Services to you; 
  • if you do anything to avoid or evade the company’s charges; 
  • if you do anything which in the opinion of the company is intended to or result in the evasion or avoidance of the company’s legitimate charges or defraud the company; 
  • if you do anything which is intended, or results in or likely to bypass the service.

Should your access be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide service to you or compensate you for the loss or interruption of the Service. We however reserve the right to levy a fee for reconnection to the network. 

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

Your Service may be temporarily disconnected or suspended in the event of excessive use of the Service, Digicel has the sole right to determine what excessive use of the Service is.

15. Exclusion of Liability

We shall not be held liable for any direct, indirect, or consequential loss suffered by you (or anyone claiming through you) due to any of the following: 

  • suspension or non-availability of any Service; 
  • suspension or termination of this Agreement; 
  • interruption of or failure to connect any call made to or by the equipment; 
  • interruption of or failure to connect any call due to failure of a third party; 
  • any call made to or by the equipment being overheard or intercepted by any third party; 
  • any data/information transmitted to or by the equipment being altered or lost;
  • inability to port to another network

We will have no liability to the customer for any claims whatsoever resulting from the inability to provide the Services due to factors beyond our control, including, but not limited to, Acts of God and the Queen’s enemies, weather events, civil disturbances, industrial action, war, governmental action, force majeure, the act or omission of any other telecommunication carrier, default or failure of a third party.  Digicel, its associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected, (altogether, "claims whatsoever") arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents. 

16. Hold Harmless

You will indemnify and hold harmless the company against the following:

  • All damages or injury caused to the company’s service and network as a result of your negligence or failure to abide by your obligations hereunder; 
  • All claims arising out of your act or omission in conjunction with the service provided by the company. 

17. Unenforceability

If any part of this Agreement shall be deemed invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired. 

18. Customer Information

Digicel will send you information from time to time that is deemed relevant to you, which may include surveys or offers for products and/or services from Digicel and/or its third party partners. If you do not wish to receive this information you may notify Digicel in writing. Once this request is received, you will no longer be able to participate in offers, services, competitions or other promotions that require activation or engagement via SMS (text messages)

19. Data Protection and Privacy

You acknowledge and agree that we may collect information about you when you use the Service and that by providing your personal information to Digicel you consent to the processing of your information in accordance with our Privacy Statement which outlines how we collect, use, protect and deal with your personal information.

20. Notices

Any notices that need to be sent to Digicel should be delivered to Customer Care, Digicel (Jamaica) Limited, 14 Ocean Boulevard, Kingston, Jamaica.

21. Waiver

If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.

22. Inconsistency

In the event of any inconsistency between these Terms and Conditions and any other terms and conditions for any of our products or promotions then these Terms and Conditions shall prevail to the extent of the inconsistency,

23. Other Terms and Conditions

You understand and agree that in addition to these Terms and Conditions you will be bound by the terms and conditions of any other service, promotion or plan to which you subscribe or participate. 

 

If you have any queries or concerns, please dial 100 from your handset to reach our 24 hour customer care centre.

 

 

Updated Version June 2017

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Terms & Conditions for Digicel Telephone Services