GENERAL TERMS AND CONDITIONS APPLICABLE TO THE USE OF DIGICEL’S DATA SERVICES
1. DIGICEL’S DATA SERVICES are available to all existing and new Digicel customers.
2. The service applies to the use of WEB and WAP features including Digicel Live (“Data Services”).
3. Data Services only apply to handsets which are capable of accessing the Data Services. Data Services will comprise of 4G Mobile and / or EDGE/2G data services depending on the handset and type of plan which the Customer subscribes.
4. Data Services are accessible via or 4G Mobile (HSPA+ network) or EDGE/2G. The data speeds received by the Customer will be dependent on the handset or device, network conditions, location and the network to which the Customer is connected and the specific plan which the Customer may be subscribed.
5. Access to 4G Mobile data speeds requires the Customer to have a data enabled handset /phone or device which is compatible with Digicel’s 4G (HSPA+) mobile network. EDGE/2G devices will connect to Data Services at EDGE/2G speeds.
6. Devices which are compatible with Digicel’s 4G (HSPA+) mobile network, must be set to 3G/2G or 3G/4G network setting to pick up 4G Mobile data speeds. The setting is device dependent.
7. In order for Customers to access 4G Mobile services Customers must opt in and either subscribe to a 4G Mobile Data Bundle plan as set out in the Digicel Data Bundle terms and conditions or opt in to the service by subscribing to the prevailing Pay As You Go (PAYG) rates per MB/GB for 4G data usage.
8. Customers may avail of non 4G Mobile Data Services by selecting such Data Bundle Plan or pay such PAYG rates as may be specified from time to time by Digicel for the associated EDGE/2G Data Services.
9. The Digicel Data Bundles and PAYG rates applicable to Customers are as specified on Digicel’s website.
10. The Customer is liable for any Pay As You Go (PAYG) charges incurred on the account whether or not the Customer is subscribed to a Data Bundle Plan.
11. Digicel does not guarantee that 4G mobile data speeds will be available in all locations in Jamaica and where Customers seek to utilize data services outside of the 4G Mobile coverage area, Customers will be able to access data via Digicel’s EDGE/2G network.
12. The Customer agrees not to use the Data Services for any purpose that is immoral, illegal or tortious, including but not limited to, the use of the Data Services to transmit material protected by copyright, trademark, trade secret or other intellectual property right without authorization or to harass, threaten or otherwise offend individuals. Sending unsolicited mail messages (SPAM), is explicitly prohibited.
13. The Data Services are not fault free and it may be impaired by physical obstructions, geographic and atmospheric conditions, other causes of radio interference and circumstances beyond Digicel’s control, including but not limited to, defects on other telecommunications systems or internet service systems not owned by Digicel but to which Digicel’s Network is connected.
14. Digicel is not liable to Customers for any loss whatsoever incurred as a result of the network or the Data Services not being operational or having delays.
15. If calls to a Customer’s phone number are barred, where service to a Customer’s number has expired or has been deactivated or where a warning has been issued to a Customer in relation to any service to their number the Customer will not be able to access the Data Services.
16. This Service is subject to a Fair Usage Policy which prescribes that the Services are shared and Digicel reserves the right to manage the Network to ensure that all Customers get fair access to the Network. If Customers are deemed by Digicel to make excessive use of their Service, the Service may be (i) restricted, either in terms of general access or the download speeds at which the Customer is permitted to access the Service, or (ii) the Customer may be asked to subscribe to an alternative Service package more suitable to their usage. Digicel, at its sole discretion, will determine from time to time what constitutes excessive use of the Service. In the event that the Customer refuses to comply or neglects Digicel’s Fair Usage Policy, Digicel has the right to unilaterally terminate or modify the Service to the Customer.
17. Blackberry smartphone users are not eligible to access Data Services other than through a dedicated Blackberry Service Plan which the Customer must subscribe. Postpaid and Prepaid Blackberry Service Plans provide such Customers with Data Services subject to such usage restrictions as may be imposed under the applicable Blackberry Service Plan.
18. The Data Services are offered for personal use by individuals and is not designed for commercial use. Digicel reserves the right to terminate the Data Services forthwith if in its sole opinion the Data Services are being abused, such abuse to include but not be limited to, unreasonable levels of usage, reselling or attempts to resell the Data Services, whether on a commercial basis or otherwise, general abuse deemed to attempt to undermine Digicel’s network.
19. Digicel hereby specifically reserves the right to terminate, cancel, suspend and/or modify the Data Services if any fraud, virus or other technical problem corrupts the administration, security, safety or proper use of the Data Services, as determined by Digicel in its sole discretion.
20. Digicel reserves the right to at any time vary the terms of the Data Services, to amend its Terms and Conditions, or to withdraw the Data Services. In any of these events notice will be given via media advertisements or messages to subscribers or notification on our website and will be effective immediately or as of the date referred to in such notifications.
21. The rates for Data Services are only applicable for use in Jamaica. Roaming data rates, as prescribed on Digicel’s website, will apply when the Data Services are accessed and used by the Customer while outside of Jamaica.
22. You agree to continue to observe and abide by the standard Digicel FLEX and Digicel SELECT terms and conditions of service established at the activation of prepaid and postpaid mobile service. For the avoidance of doubt, these Terms and Conditions are in addition to any other terms and conditions of use of any of the Digicel’s other services.
23. Data sessions of under 100 KB will be rounded to 100 KB, data sessions of over 100 KB will be rounded to 1 MB and thereafter to the next MB