Terms & Conditions

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Digicel Prepaid Plan Terms & Conditions

1.1 These words mean the following: "Account" the account where we record your credit and charges and personal details; "Content" all information whether textual, visual, audio or otherwise, appearing on or available through the Service including information suppliedbetween content providers; "Contract" the application form (it any), these terms and conditions and our current Price List; "IP Rights" means copyrights, trademark and other relevant proprietary and intellectual property rights; "Optional Services" all goods, products and value-added and other services provided by us in addition to cellular telephone services as set out  in the application form; "Phone" a mobile phone and SIM approved by us for connection to the Network; "Price List" a periodically updated publication which lists our current Tariffs for Services; "Network" the mobile telecommunications  system run by us in Antigua and Barbuda ; "Registration" the crediting of call time to your Account through a Voucher "Register", "Registering" and "Registered" have a corresponding meaning; "Roaming" making and receiving calls whilst abroad via a local network operator; "Service" the cellular telephone services and the Optional Services provided by us to you; "SIM" a card or other device (which remains our property) bearing a unique telephone number and which is programmed to allow you to access the Network; "Suspension" the temporarydisconnection placed by us on some and/or ali the Services you normally use (except calls to emergency services). "Suspend"  and "Suspended"  has a  corresponding  meaning; "Tariffs" all  charges  for  Service  as published in our periodically updated Price List; "User Guide" any guide or documentation supplied with your Phone either by us or the manufacturer of your Phone explaining how the Service works, how to purchase a Voucher and/or how to use your Phone; "Voucher" our call time voucher that you can purchase from us or authorised merchants; "we", "us" and "our" Antigua Wireless Ventures Limited trading as Digicel, having its principal place of business on Friar's hill road in the parish of St. John, registered in Antigua and Barbuda;  and "you" and "your" the person to whom this Contract applies including persons we reasonably believe are acting with your authority or knowledge.

1.2 The Price List contains explanations, notes and conditions that form part of this Contract a copy of which is available when you purchase your Phone or may be obtained from us.

1.3 This Contract constitutes a legally binding agreement between you and us that will be effective on the date you purchase a SIM or first use the Service, whichever occurs first.

2 PROVISION OF SERVICE

2.1 Service is not available in ali parts of Antigua and Barbuda, nor in all other countries. The quality and availability of Service may vary from place to place, and time to time. Service is not fault free and may be affected by factors outside our control, including but not limited to physical obstructions, geographic and atmospheric  conditions,  radio interference  and  faults  on  other  telecommunications  systems connected to our Network.

2.2 The Network and the Services may from time to time require upgrading, modification, maintenance or other work, which may result in partial or complete non-availability of Service.

2.3 We may vary Content or the technical specification of Service from time to time.

2.4 We will use reasonable endeavors to maintain Content, but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access Content that you accept that we will not be liable for any action you or any other party take in reliance on the Content or the accuracy, completeness or continuous supply of the Content.

2.5 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.

2.6 You may only use Content in a way that does not infringe the IP Rights of others ("Approved Use") and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast or publish any part of the Content other than for an Approved Use. The reselling, copying or incorporation into any other work of part or all the Content in any form is prohibited save you may print or download extracts of Content for your personal use only.

3 PAYMENT FOR THE SERVICE

3.1 You pay for the Service by purchasing a Voucher and registering it with us. We are not under any obligation to make a refund to you if you purchase more call time than you intend for whatever reason.

3.2 Each time you incur Charges, the credits that are registered on your Account will be reduced according to the duration of the call/message and the type of call/message by reference to the Charges set out in the Price List. If you have selected a Service with recurring service Charges, the Charges will be deducted at the time(s) and for the period(s) set out in the Price List.

3.3 If at the time we attempt to deduct recurring service Charges for a Service you subscribe to and you do not have enough credit on your Account, Services will be suspended. Once you credit your Account we will deduct the relevant recurring service Charges and reinstate your Service.

3.4 When credits on your Account have been used up Services will be suspended.

3.5 If you are using the Service and the credits on your account expire during your use of the Service, the Service will be terminated.

3.6 No bills or records of Services used, including but not limited to calls made or received will be provided to you. It for whatever reason you are not able to obtain your current Account balance by using the Service we are not obliged to provide that information in another format.

3.7 Charges for using a Service will be calculated using the details we have recorded.

3.8 Call charging rates that vary according to time of day ("Band"). Calls which extend across more than one Band are billed according to the duration of the call in each Band multiplied by the applicable tanff for the Band.

3.9 Calls are charged in 1 second increments rounded up to the nearest second and then to the nearest cent (unless otherwise stated in the Price List).

3.10 You will be responsible for paying all charges on your Account, whether or not incurred by you personally.

3.11 While roaming you will be charged for incoming calls, to send text messages and you may be charged to receive text messages. Roaming charges may include minimumcharges and vary depending on the foreign network used and exchanqe rates.

4 YOUR RESPONSIBILITIES

4.1 You agree: (a) and warrant that all factual information provided by you is correct; (b) to take adequate precautions to prevent damage to, or unauthorised use or theft of the Phone; (c) that the telephone number and SIM allocated to you remains our property; (d) not to interfere with the SIM for any reason; (e)at our request, to return the SIM to us, or anyoneacting on our behalf; (I) to comply with all reasonable requests by us (or our agents), particularly in relation to the investigation of fraud or other offenses or as required by law or in legal proceedings; (g) not to act in a way, whether knowingly or otherwise, that will impair the operation of the Network or any part of it, or put it in jeopardy; (h) to give us (or our agents) information we (or our agents) reasonably ask for, including but not limited to, security checks before providing you with information about the Account; (i) to follow reasonable instructions we give you; U) to use the Phone exclusively with our Service; (k) not to do anything intended to avoid or evade our legitimate charges; (I) not to do anything that is intended to, or results in, or is likely to bypass our Network and/or Service; (m) to inform us in writing if any information on your application form (if any) changes; (n) to exclusively use the Phone and SIM in Antigua and Barbuda other than when Roaming with our Service; (0) not to export the Phone for profit.

4.2 You agree not to use the Phone or Services: (a) other than as described in the User Guides or instructions issued by us (or our agents) from time to time; (b) for anything unlawful, immoral or improper; (c) with equipment we have not approved for use with our Network; (d) other than in accordance With all relevant laws and regulations; (e) to send, receive, upload, download or otherwise facilitate material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy or unlawful; (f) to access or use Content that infringes the rights of others; (g) other than in accordance with acceptable use policies of any connected systems and (if appropriate) any relevant Internetstandards; and (h) in a fraudulent or improper manner.

4.3 If the Phone or SIM is lost, stolen, damaged or destroyed or used without your authorisation you agree to inform our customer care department immediately and confirm the same in writing within 3 days. In such an event we will be under no obligation to replace the Phone or SIM and if we do so a charge may be imposed.

4.4 You must tell us immediately by advising us in writing if anyone makes or threatens to make a claim or issue legal proceedings against you relating to your use of the Service or the Content

5 OUR RIGHT TO SUSPEND OR TERMINATE SERVICE

5.1 If you do not make a call (excluding calls to emergency numbers) at least once in any 3month period the SIM may (at our absolute discretion) be disconnected from the Network.

5.2 Each Voucher has a date by which you must Register the Voucher and use the amount credited to your Account ("Expiration Date"). In the event that the Expiration Date lapses (even if your Account is in credit): (a) and you do not credit your Account with a new Voucher within 60 days of the Expiration Date, the SIM may (at our absolute discretion) be disconnected from the Network. During this period Services may be suspended at our absolute discretion; (b) and you credit your Account with a new Voucher within 60 days of the Expiration Date, the amount of the new Voucher will be credited to your Account along with any credit that existed in your Account before the Voucher lapsed, these credits will expire the day the new Voucher lapses.

5.3 In addition to anything else we can do we can terminate this Contract or at our absolute discretion Suspend Service without warning if: (a) you fail to comply with this Contract in a material way; (b) you report your Phone lost, stolen, damaged or destroyed; (c) you do not comply with the provisions of Clause 4 and/or 9; (d) we have reasonable cause to believethat the Service was obtained fraudulently.

5.4 If your Phone is disconnected or this Contract is terminated any credits in your Accountwill be forfeited. If you are disconnected and wish to be reconnected, you will require a new SIM that can be obtained from us for a charge. On disconnection the telephone number associated with the SIM will be lost and we will be under no obligation to make any refund to for the cost of the Phone.

6 THINGS WE MAY HAVE TO DO

6.1 Occasionally we may have to: (a) alter the telephone number associated with the SIM, or any other name, code or number associated with the Service; (b) Suspend the Service for operational reasons, in an emergency, or for your security; (c) bar certain numbers from the Service in order to prevent fraud or in circumstances where we would suffer direct loss.

7 LIABILITY

7.1 Nothing in this Contract removes or limits our liability for death or personal injury to any person resulting from our own negligence.

7.2 We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage (whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.

7.3 We have no liability to you (or anyone  claiming through you) if we are unable to carry out our duties or provide Service because of factors beyond our control including, but not limited to, the following: (a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any license or consent); (d) power failures, failure of telecommunica­tions lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.

7.4 We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.

7.5 If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the Voucher Registered and being used by you at the time when the liability arises, except under Clause 7.1.

 7.6 We, our 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.

7.7 All conditions, warranties, terms and undertakings expressed or implied by statute,common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.

7.8 Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.

7.9 This Clause will apply even after this Contract has ended.

8 CHANGES TO THE CONTRACT

8.1 We may modify this Contract and the Tariffs at any time (including introducing charges for aspects of the Service previously provided for free). Such modification becomes effective immediately upon our having notified you. If Service is used after notification you will be deemed to have accepted the change. If we vary any of the Charges or change the Contract to your disadvantage you may stop using the service. If you stop using the Service we will be under no obligation to make any refund to for the cost of the Phone and credits in your Account will be forfeited.

9 PHONE LOCKING

Your Phone is locked to the Network. You agree not to unlock or have a third party unlock the Phone without our express prior written consent. In addition, attempting to unlock your Phone may result in your Phone becoming permanently blocked. We accept no responsibility for any Phone blocked in this way.

10 USE AND DISCLOSURE OF INFORMATION

10.1 You authorise us to (a) obtain any information required relative to your credit history or application for credit and any source is authorised to provide such information; (b) to disclose to, debt collection agency, credit reference agency, credit bureau, security agency, credit provider, other communications companies, or any other business or person in any jurisdiction information about you, your use of the Service, how you conduct your Account and details of you performance in meeting your obligations hereunder; (c) make any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority. You agree to indemnify and save us from any and all claims and damages resulting from such disclosures.

10.2 You agree personal data provided by you to us can be used, analysed and assessed by us and selected third parties for marketing purposes, including amongst other things, to identify and offer you by any means, products, services and offers that we think might interest you. If you do not wish your details to be used in such a manner notify us in writing stating your name, address and mobile telephone number.

11 INTERNET ACCESS

11.1 If you have a Phone that enables access to the Internet ("Internet Phone") the followingterms and conditions also apply to you: (a) Certain parts of the Service may only be available by registering with us or an ISP; (b) we or our contractual partners may providelinks to other web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their Content: (c) you understand that all the Content made available (directly or indirectly) on the Internet using the Service whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, email or otherwise transmit via the Internet Phone or the Internet; (d) your dealingswith, and interest in, promotions, services, or merchants found by using your Internet Phone on or via the Internet are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any suchdealings with third parties; (e) access to secure financial transactions will be dependent on the make and model of your Internet Phone and the third party supplier of Content. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.

12 GENERAL

12.1 This Contract supersedes all prior representations, arrangements, understanding and agreements between ourselves (whether written or oral) relating to the subject matter hereof and sets forth the entire and complete understanding between ourselves relating to the subject matter hereof.

12.2 You agree that the telephone number associated with the SIM may be displayed by our Network on receiving handsets and that unless you inform us in writing to the contrarystating your name, address and mobile telephone number we may include said number in directories.

12.3 You warrant to us that you have not relied on any representation, arrangements, understanding and agreements between ourselves (whether written or oral) not expressly set out in this Contract.

12.4 You may not or try to transfer any of your rights and responsibilities hereunder unless we agree in writing beforehand. We may transfer any of our rights and responsibilitieshereunder without your permission.

12.5 We or our agents may record or monitor any conversation between you and us (or our agents) for training quality, control or our lawful business purpose.

12.6 Any concessions of extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this Contract in any other way.

12.7 Any notice you are required to send to us must be sent in writing to the address set out above.

12.8 Any notices we are required to send you may be provided, without limitation, by (a) national advertising campaigns, (b) messages on our system when you call it, (c) the issue of messages to you by means of the Service, or (d) advertisement on our website.

12.9 If either you or us fail to enforce any rights under the Contract. It shall not prevent either you or us (As the case may be) from taking action later.

12.10 If a clause in this Contract is found to be invalid or unenforceable in whole or in part for any reasons whatsoever It shall not affect the validity and enforceability of the remainder of this Contract and shall whenever allowed by the context be deemed to be replaced by such valid and enforceable clause whose contents are as close as permissible to those of the invalid or unenforceable clause.

12.11 You acknowledge that we are the owner or licensee of IP Rights and that nothing herein contained shall be construed as conferring upon you any right, title or interest in any IP Rights owned or licensed by us.

12.12 The laws of Antigua and Barbuda to terns Contract and dispute will be settled in the court of Antigua and Barbuda.

 

Digicel Terms and Conditions for all Promotions

What criteria does a customer have to fulfil to be able to enter a Promotion?

  1. Winner must be a legal resident of relevant island

  2. Winner must be 18 years of age or older to claim prize.  In the instance where the winner is less than 18 years, the prize will be awarded to a legal guardian

  3. Winner must have an active Digicel prepaid or postpay account to claim their prize.

  4. Customer must permit photographs to be taken for PR purposes in order to be eligible to win.

 

Are there any persons who are not eligible to enter the promotion?

 

Persons in any of the following categories are NOT eligible to participate or win prizes:

  1. Any person who at any time on or after commencement date of promotion  was or is a director, officer, employee, agent of Digicel St. Lucia (or the relevant island) or any of their respective parents, subsidiaries, divisions, or affiliated companies, franchisees or service agencies or independent contractors.

  2. Individuals engaged in the development, production or distribution of materials for the Promotion (collectively the Promotion Entities).

  3. Persons who are or purport to be immediate family members (defined as biological parent, step-mother, step-father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e. who have lived in the same household for at least three (3) of the twelve (12) months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories.

1. Agreement

These Terms and Conditions shall govern the relationship between New Millennium Telecom Services N.V., (hereinafter referred to as “Digicel”, "we", "us" "our" and "the company") and the subscriber (hereinafter referred to as "you", "your", "the customer") of Mobile Telephone Service (hereinafter referred to as "Service(s)", "Digicel Mobile Service") and shall constitute legal and binding obligations on the parties once we have accepted your Application for the provision of Mobile Telephone Service. Your Application form shall form part of these Terms and Conditions. Connection and activation are conditional on Digicel obtaining a satisfactory risk assessment, credit rating and/or receipt of a deposit from the customer. The minimum deposit amount required will be determined at the sole discretion of Digicel. These Terms and Conditions supersede all prior understandings and/or terms and conditions between you and us. By using our Services, you have agreed to these Terms and Conditions.The company’s tariffs, for the Service, as may be amended from time to time, also form part of the Agreement.  We reserve the right to amend or unilaterally change any Services and general conditions of this Agreement subject only to notifying you of such amendments. Such notifications may be by way of advertisement on our website or otherwise. If a Service is used by the customer after notice of amendment, then the amendments shall be deemed accepted by the customer.

2. Return Policy

You may return your handset within three (3) calendar days of the date of purchase to the original place of purchase in case of a technical problem with the handset for a full refund, provided that all contents are returned in reasonable condition, free of damage.

3. Rebate Policy

In case you have accepted a one-off offer to obtain a discount on the purchase price for a cellular phone that meets specified requirements, you, by signing the discount receipt, accept all liabilities associated with the phone that was traded in and you have indemnified Digicel from any third party claims for direct or indirect damages pertaining to (the use of) the handset.

4. Information Disclosure

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

  • to any authorized personnel or third party;
  • in response to credit inquiries;
  • the company, in its discretion, deems such disclosure necessary or desirable;
  • pursuant to legal process or subpoena;
  • if disclosure is necessary to protect the company’s interests.

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

5. Provision of Services

Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of our Services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects as may occur from time to time in the Network.

6. Service Charges

The company’s tariffs, for the Service, as amended from time to time, also form part of the Agreement.  Such tariffs may include in addition to our cost, other charges, fees as from time to time may be applicable, levied or charged from third party providers and/or Authorities. We reserve the right to alter such tariffs and will notify the Customer of such a change by way of advertisement in the national media or on our website. If a customer doesn’t wish to accept the modification he can terminate the agreement in writing, with effect from the date on which the new tariff has entered into force. The withdrawal shall be affected in a timely manner. The cancellation is only in a timely manner when the communication for the latter is received by Digicel within two (2) weeks after notification. With regards to the aforementioned rates changes this is only applicable in so far the overall charges results in a higher balance for the customer.

7. Digicel Mobile Numbers

The company has proprietary rights to any mobile number allocated to you whether requested by you or otherwise. We reserve the right at any time to alter or replace a mobile number allocated to you or any other name, code or number whatsoever associated with our Service.   

8. Mobile Telephone Directory & Caller ID

Our network may allow the display of your telephone number in our telephone directory and on receiving handsets, unless otherwise specified on the application form.

9. Security Deposit

You will be required to make a security deposit in order to be connected or reconnected to the Network. This security deposit is refundable after this Agreement is terminated and all outstanding monies due to us have been received by Digicel. The security deposit may be used to settle any outstanding debts owed to us. A security deposit does not negate you from your liability to pay for the Services rendered through the SIM Card, including all costs associated with its unauthorized use.

10. Roaming

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

11. Credit Limit

You will be notified of your credit limit when your Application is accepted. We reserve the right to increase or decrease your credit limit at any time and from time to time, without prior notice. You agree that your debt will not exceed your credit limit. Your credit limit, established at the discretion of the company, relates to your current usage.  Service may be suspended if your current usage exceeds this limit. You will remain responsible for incurred service charges in excess of your credit limit.

12. Payment

When you use the SIM Card and/or Digicel Mobile Services, you incur a debt. Service charges, subscription fees and any other charges incurred in relation to the Services provided to you by us under this Agreement will be added to your debt and will form part of it. You agree to repay this debt to the company at any designated collection centre. If payment is made by cheque or any other instrument, a return fee maybe charged by the company, should this method of payment be dishonored. The company reserves the right to reject and/or disallow cheque payments from you once dishonored 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 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 feature types, prior to restoration 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 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 id your SIM card is used contrary to this agreement. Invoices will be sent to the e-mail address of the account holder only unless otherwise specified and agreed by customer.  Invoices will include: fixed charges and credits that are one month in advance; Call charges and credits that are one month in arrears or more if previous bills have been not paid. The company reserves the right to charge interest on overdue amounts – at a minimum rate of 1.5% month on any open balances. Interest will be charged from the moment the amount is due to Digicel until the date of payment (whether before or after judgment).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 by e-mail. We will not be held responsible for customers’ non-receipt of invoices delivered by post. Your statement is deemed to have been delivered to you on the day it is available on our website. Electronic invoices are free of charge. All invoices generated will be available for (re) print on request and will cost ANG. 5,00 (US$ 2.80) each. Payment can be done by filling in the Direct Debit form, via Pagomatiko, through the MCB, Banco di Caribe, Giro, SFT, RBTT, ORCO bank and at the Digicel stores. You must continue to make payments even when our service is disrupted, as invoices can otherwise be obtained by contacting the Customer Care Centre. We reserve the right to contact you otherwise to seek payments of amounts due. We reserve the right to collect the outstanding amounts through our collection agency charging a collection rate of 15% of the principal sum with a minimum of Naf. 100,--.We reserve the right to change billing cycles and/or to issue interim invoices.  

13. Amendment of the general terms and conditions

The general terms and conditions can be amended by Digicel from time to time. The amendments of these general terms also apply in respect of the existing Agreements. The amendments shall enter into force 14 days after the notification or, on an earlier or later date in the notification. Such notification may be by way of advertisement in the national media or on our website. If a customer doesn’t wish to accept the modification he can terminate the agreement in writing, with effect from the date on which the new terms and conditions come into force. The withdrawal shall be affected in a timely manner. The cancellation is only in a timely manner when the communication for the latter is received by Digicel within two (2) weeks after notification.

14. Foreign Currency Transaction

The amount of any transaction charged in any currency other than Aruban currency will be billed and payable by you in Aruban currency. We will make conversion from a foreign currency to Aruban currency at a rate of exchange determined by the Central Bank of Aruba, including all foreign currency charges and/or taxes required by law, on the date we receive notification of the transaction and the relevant amount to be charged to your account.

15. SIM Card

Digicel is and shall remain the sole owner of all SIM Cards provided for Service to our Network and they must be returned to us, or anyone acting on our behalf, on request. You must not interfere or tamper with this card for any reason and you are not allowed to let third parties interfere or temper with the SIM Cards and/or use the SIM Cards for any other purposes then our Services to you. Any SIM Card found defective (through no fault of ours) will require payment by you for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.

16. Digicel Device

Where the customer obtains a Digicel Device at a discounted price or for free, as part of a promotion or otherwise, the following shall apply. If the customer terminates the contract before the end of the minimum contract period the customer will be liable to pay Digicel for the pro-rated value for the device calculated at the time of termination. For example a customer signs up for 12 months and the current cost of the phone is $ 1,060 including tax. if the contract is broken in the 8th month then the cost the customers will pay will be calculated as follows:$ 1060/12= $88.33 x 4 months = $ 353.33. If the customer obtains the discounted of free Digicel Device in the basis of a specific Service plan or package and the Customer downgrades that plan or package during the Minimum Period, the customer will be liable to pay Digicel for the pro-rated value of the Digicel Device.

17. Reporting Responsibility

Your handsets and SIM Cards are your responsibility. You must take every precaution to keep them safe. You will immediately report and confirm in writing any loss, theft, damage or unauthorized use of your equipment and/or SIM card. You will remain liable for all charges and costs related to and/or incurred by your SIM Card, including all costs associated with its unauthorized use. If you have previously authorized someone to use your handset and/or SIM card and have subsequently withdrawn your authorization, you will continue to be held liable for all charges and costs incurred by their use until we have been notified.

18. Settling Disputed Charges

We should be advised in writing of any disputed charges(s) that occur on an invoice within 5 working days of receipt of invoice. You will still be held liable for non-contested charges on the invoice which are deemed payable by due date. We will investigate the disputed charge(s) and notify you of the results. Non-payment of valid charges within 48 hours after investigations are complete may result in suspension of Service. If the disputed charge(s) are indeed errors, a credit of the amount disputed will be applied to your account.

19. Customer Obligations

By signing the Application, you have consented to:

  • provide valid proof of your identity that we deem acceptable;
  • inform us in writing if any of your customer data has changed;
  • only use company GSM-recommended equipment and facilities with the Network and
  • comply with laws and regulations governing its use;
  • use the company’s technology on terms specified by us when it is made available;
  • follow our reasonable instructions related to your use of equipment, handsets or Services 

issued by us;

  • immediately report and confirm in writing, if your equipment and/or SIM Card is lost, stolen or damaged. We will replace the SIM Card but there may be a charge;
  • comply with all reasonable requests and/or instructions 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 any 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.

 

20. Service Period

By signing the application form you have agreed to a fixed minimum service period of twelve (12) calendar months (the “Fixed Term”). The service period may be extended in writing at any time for a period of twenty-four (24) months or any longer as may be specified on the executed application form. At the expiration of the Fixed Term, the agreement will automatically be extended for twelve (12) calendar months unless you notify us in writing that you do not wish to extend the Services at least thirty (30) days prior to the expiration date. In case of early termination the charges which would have been payable by the customer for the Service for the remainder of the minimum period as if the agreement had not been terminated are due to be paid to Digicel by you in order to successfully unbind you from this Agreement.

21. 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 NetworkAnd Service;  
  • if you do not comply with and/or breach any of the enlisted Terms and Conditions of this
  • Agreement; 
  • if intermittent checks, modifications and/or maintenance is deemed necessary by the Network; for non-payment of overdue amounts under this agreement
  • if you fail credit checks that may be performed from time to time;
  • if we have reasonable cause to believe that you are unable to pay the charge; 
  • 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 services rendered to you 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;

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. In this event, we reserve the right to levy a fee for reconnection to the Network. Should you refuse to reconfirm acceptance of the Terms and Conditions of Service, we reserve the right to refuse to reconnect you. 

22. Exclusion of Liability

We shall not be held liable for any direct, indirect, or consequential loss suffered by you (or 

anyone claiming through you) due to any of the following:

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

We will have no liability to you or any joint user for any claims whatsoever resulting from the inability to provide the Services due to factors beyond our control, including but not limited to, Acts of God, Acts of war, Acts of terrorism and other enemies, weather events, civil disturbances, industrial action, governmental action, force majeure, power failures, accidents, the act or omission of any other telecommunication carrier in Bonaire or elsewhere and/or default or failure of any third party.

Digicel, its associated or affiliated companies, their respective officers, agents, managing-directors, supervisory-directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature or kind whatsoever whether known or unknown, suspected or unsuspected, (altogether, "claims whatsoever") arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment.

If we offer goods and/or services as agents of any principal 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.

23. 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.

24. Hold Harmless

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

All damages or injury caused to the Services(s) 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(s) provided by the Company.

25. Customer Information

Digicel will send you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify Digicel in writing.    

26. Trademarks

You acknowledge that Digicel is the owner or licensee of a number of trademarks including Digicel, digiSELECT and that nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright.

27. Headings

The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.

28. Governing law

This agreement is governed by the laws of Aruba. Any dispute arising out or in connection with this agreement must be subject to the Court of First Instance in Aruba.

NEW MILLENNIUM TELECOM SERVICES N.V.

Terms & Conditions of Prepaid Mobile Telephone Service

1.    Agreement

These Terms and Conditions shall govern the relationship between New Millennium Telecom Services N.V., d.b.a. Digicel Aruba (hereinafter referred to as “Digicel”, "we", "us" "our" and "the company") and the user (hereinafter referred to as "you", "your", "the customer") of Mobile Telephone Service (hereafter referred to as "Service(s)", "Digicel Mobile Service") shall constitute legal and binding obligations on the parties once you have made or received your first call from your prepaid phone.   

These Terms and Conditions annul all prior understandings between you and us. By using Services, you have agreed to these Terms and Conditions.

We reserve the right to amend or unilaterally change any of Digicel Mobile Service products and/or Digicel Mobile Service services and or the Terms and Conditions of this Agreement subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media and/or our website. If Service is used after notice of amendment, then it shall be deemed accepted and the Terms and Conditions of this Agreement shall be applicable.

2. Return Policy 

If you have a problem with your recharge card please call Digicel Customer Care.  No refund will be given for your recharge card from the dealer.

3. Rebate Policy 

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

4. Information Disclosure

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

  • if the company, in its discretion, deems such disclosure necessary or desirable;
  • pursuant to legal process or subpoena;
  • if disclosure is necessary to protect the company’s interests.

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. 

Any inquiries or changes to your phone account can only occur once you have registered with the company having completed and submitted a registration card provided by the Digicel dealer at the point of sale.

5. 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 our Services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects in the Network.

6. Service Charges

The company’s tariffs, for the Service, as amended from time to time, also form part of the Agreement.  

Such tariffs may include in addition to our cost, other charges, fees as from time to time may be applicable, levied or charged from third party providers and or authorities. We reserve the right to alter such tariffs and will notify the Customer of such a change by notice in writing and/or via national media and / or via our website.

7. Digicel Mobile Numbers 

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

8. Mobile Telephone Directory & Caller ID

Our Network may allow the display of your telephone number in our telephone directory and on receiving handsets, unless otherwise specified.

9. Using your Account

As you make calls or send messages from your pre-paid phone, charges are incurred and will be deducted from your account. Your account balance is available by typing *142# and then pressing send on your phone. If you make a call and your credit expires during the call, the call will be terminated.

10. Recharging Your Account 

You may add value to your account at any time by using the MCB & Giro ATM’s and by using the pre-paid vouchers (flexcard). Each Digicel flexcard has an expiry date in which you have to use the value on the voucher. Once you purchase a new Flexcard, the new expiry date on your account will be the higher of the vouchers loaded on your account. 

Based on circumstance, your account will go through the Prepaid Subscriber Life Cycle that consists of 4 different states:

State 1: Active - Your phone becomes active once you have made or received your first call using your preinstalled credit given by Digicel. The number of days your phone remains active is dependent on the value of the Digicel prepaid card (recharge card) purchased.  Each denomination has a defined number of days before the card expires.  

State 2: Inactive - Your phone becomes inactive when there is zero money in your call account. In this state, you can receive calls but you cannot make paid calls. You can only call emergency numbers and Customer Care as well as *142# recharge number to top-up your account, therefore moving you back into the active state. When your voucher time expires, you move into the Deactive State. 

State 3: Deactive - Your account moves into this state when the time on your voucher has expired. This can occur even with money in the account. When you become deactive, you have a maximum of sixty (60) days before you move into the expired state. In this state, you can send and receive SMS (text messages) until there is zero money in your account. You can also receive calls, however you cannot make paid calls.  You can only call emergency numbers, and Customer Care as well as your fast recharge number to top-up your account. When next you top-up, you will be moved into the active state and any money remaining on your account, will be added to your new balance. The new balance will be provided to you by the Network.

State 4: Expired - Your account becomes expired if you fail to recharge your account before the sixty (60) days given in the Deactive state.  At this point your account will be terminated and you will be removed from the Network. Your mobile number and any credit on your account will be lost. 

11. Reactivation

If you wish to regain access to the Network, you will need to purchase a new Digiflex SIM Pack. You may not transfer any credit balance to a third party and Digicel has no obligation to pay or refund you for the cost of the handset or any credit remaining on your prepaid account.

12. 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. We are in no way obligated 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. 

13. SIM Card

We claim ownership of all SIM Cards provided for Service to our Network and they must be returned to us, or anyone acting on our behalf, on request. You must not interfere with this card for any reason and are not allowed to let third parties interfere with the SIM Cards. Any SIM Card found defective (through no fault of ours) will require payment for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.

14. Handsets

All Digicel authorized GSM handsets sold through our authorized dealer channel are network locked. 

Customers are not permitted to remove, or have a third party remove the lock, without explicit authorization from Digicel.

15. Customer Obligations

Your handsets and vouchers are your property and therefore your responsibility. You must take every precaution to keep them safe. 

You have consented to:

  • only use Digicel Curacao GSM- recommended equipment and facilities with the Network and comply with laws and regulations governing its use;
  • use the Digicel Curacao technology on terms specified by us when it is made    available;
  • comply with laws and regulations governing this Network and Service;
  • follow our reasonable instructions related to your use of equipment, handsets or services issued by us;
  • immediately report and confirm in writing, if your equipment and/or SIM Card is lost, stolen or damaged. It remains the right of Digicel not to replace your SIM Card. If the SIM Card is replaced, you may be charged for that replacement;
  • complete and sign the rebate receipt once trading in a non-Digicel or Digicel recommended phone 
  • 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 eimburse the company for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action.

16. 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 enlisted Terms and Conditions of this Agreement;
  • if intermittent checks, modifications and/or maintenance is deemed necessary by the Network;
  • 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 services rendered to you 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.

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. In this event, we reserve the right to levy a fee for reconnection to the Network. 

17. Exclusion of Liability

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

  • suspension or non-availability of any Service.
  • suspension or termination of this Agreement.
  • interruption of or failure to connect any call made to or by the equipment.
  • 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.

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, Acts of war, Acts of terrorism and the other enemies, weather events, civil disturbances, industrial action, governmental action, force majeure, power failures, the act or omission of any other telecommunication carrier in the this territory or elsewhere and /or, default or failure of a third party.

Digicel, its associated or affiliated companies, their respective officers, agents, managing-directors, supervisory-directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature or kind whatsoever whether known or unknown, suspected or unsuspected, (altogether, "claims whatsoever") arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal 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. We will accept neither responsibility nor mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and such identified ourselves as agents. 

18. 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 you       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.

19. 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. 

20. Customer Information

Digicel will send you information from time to time that is deemed relevant to you.  If you do not wish to receive this information you may notify Digicel in writing.

21. Trademarks

You acknowledge that Digicel is the owner or licensee of a number of trademarks and that nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright.

22. Headings

The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof. 

23. Governing law

This Agreement shall be governed, interpreted and construed by, through and under the laws of the Aruba. Disputes shall be submitted exclusively to the competent court(s) of Aruba.

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Terms & Conditions