Digicel Cayman Terms and Conditions

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DIGICEL CAYMAN TERMS AND CONDITIONS - MOBILE TELEPHONE SERVICE

1. Agreement

These Terms and Conditions shall govern the relationship between Telecommunications (Cayman and West Indies) Ltd trading as Digicel Cayman (hereinafter referred to “Digicel Cayman”, “we”, “us” “our” and “the company”) and the subscriber (hereinafter referred to as “you”, “your”, “the customer”) of Mobile Telephone Service (hereafter 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 subject to satisfactory risk assessment, credit rating and/or receipt of a deposit. The minimum deposit amount required will be determined at the sole discretion of Digicel Cayman. 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 these Terms and Conditions subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media and/or our website. When we give notice to the main account holder, notice to all users shall also be deemed effected. 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. You and all the users under your account are jointly and severally liable for performing all of the obligations under this Agreement.

2. Rebate Policy & gifts

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 Cayman from any third party claims.

We may at our discretion include as part of our Services gift items. Such gift items are provided on an as is basis, without any warranties and are only available while stocks last. We shall not be liable to the Customer with respect to the free gift. The free gift has no monetary value and cannot be exchanged for discount on any services.

3. 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. Digicel may however, disclose any information about you and your accounts: to any authorized personnel or third party; in response to credit inquiries; if Digicel, in its discretion, deems such disclosure necessary or desirable; pursuant to legal process or subpoena; if disclosure is necessary to protect Digicel’s interests and as disclosed in our Privacy Policy. In addition, you agree that we may contact any person or reference provided by you to verify accuracy of account details.

4. 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 in the Network.

5. Fair Usage Policy

This Fair Use Policy applies to our Services (unless we have specifically stated otherwise) to ensure that all our customers are able to access our Services. We may apply this Fair Use Policy where in our reasonable opinion your usage of the Service is excessive and/or unreasonable as detailed in this clause. We have developed this Fair Use Policy by reference to average customer profiles and estimate customer usage of our Services. If your usage of a particular Service materially exceeds estimated use patterns over any month or is inconsistent with normal usage patterns, then your usage will be excessive and/or unreasonable. If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after we ask you to stop or alter the nature of such usage, we may without further notice, suspend, modify or restrict your use of the Service(s) or cancel your access to the Service(s).

6. Service Charges

Digicel’s tariffs for the Service may be as amended from time to time and form part of this Agreement. Such tariffs may include in addition to our cost, other charges, fees levied or charged from third party providers. 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 Cayman Mobile Numbers

Digicel Cayman has proprietary rights to any mobile number allocated to you. We reserve the right at any time to, alter or replace a mobile number, name, code or identifier associated with our Service and allocated to you for your use.

8. Mobile Telephone Directory & Caller ID

Unless indicated on you application or otherwise specified in writing, our Network may allow the display of your telephone number in our telephone directory and on receiving handsets.

9. Roaming

International roaming makes use of third party providers. Any billable incident which occurs while roaming will incur roaming charges in addition to Digicel’s cost. Billable incidents include, but are not limited to: placing an outgoing call, accepting an incoming call, checking voicemail, receiving a voicemail (even if the voicemail is not checked), receiving an email or an instant message (even if these are not read), sending an email or instant message, browsing, sending SMS, and receiving SMS. Airtime, SMS, and data used while roaming are not included in the Customer’s monthly plan and therefore will not be deducted from the Customer’s monthly plan. Digicel reserves the right to provide roaming service based on credit rating and credit history.

10. Credit Check Consent and Reporting Authorization

You authorize any person, or consumer or banking institution, or credit reporting agency, to provide Digicel with any information it has on me or the entity on whose behalf I make this application. You hereby  authorize Digicel to: (a) compile this information, (b) disclose your account information including payment history and confidential information to credit reporting agencies or private credit reporting associations, and (c) periodically obtain and use your credit report and other credit information for any source in connection with Digicel’s offering of wireless and other services.

All bills are payable in full within 30 days from invoice date. You authorize Digicel to deduct the full payable balance on the 15th day of the month from my provided credit card. If the transaction is unsuccessful, Digicel reserves the right to charge my credit card again once before the end of the month. You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, Digicel may report your failure to credit reporting agency. You will be responsible for all charges associated to use of your account, including all later payment fees, debt collection fees, legal fees, disbursements and other expenses incurred in attempting to recover overdue amounts and any fees collected on behalf of the government.

11. Payment

As a Post-pay Customer, if 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 Digicel at any designated collection center within the specified allotted time. If payment is made by check or any other instrument, a return fee (the maximum allowed by law) will be charged by Digicel, should this method of payment be dishonored. Digicel reserves the right to reject and/or disallow check payments from you once dishonored checks have been processed through your account. You will be charged for the right to use any technology developed by Digicel. Digicel reserves the right to charge interest on overdue amounts - at the minimum rate of $3 or 1.5% per month on any open balances. Digicel is not liable for any loss or damages suffered as a result of the use of or failure in any bill payment 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, Digicel reserves the right to charge a reconnection fee and/or revise your payment 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.

Digicel 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 to the billing address of the account holder only unless otherwise specified. 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 not been paid. 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. We will not be held responsible for customer’s non-receipt of invoices delivered by post or any other means of mail delivery. Your statement is deemed to have been delivered to you on the day it has been delivered to your registered address. You must continue to make payments even when postal service is disrupted, as invoices can otherwise be obtained by contacting the Customer Care Center. We reserve the right to contact you otherwise to seek payment of amounts due. Please allow three (3) working days for online payments to be posted to your account. The invoice becomes overdue 30 days from invoice date. It is the responsibility of the customer to maintain up-to-date billing information with Digicel Cayman. Failure to do so could result in loss of service. 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.

As a Pre-Pay Customer you may add value to your account at any time by using prepaid top up vouchers. Each top up voucher has an expiry date which indicates the time in which you have to use the value on the voucher. No invoice, including the provision of periodic or itemised statements of account, or record of calls made and/or received will be sent to you. We are in no way obligated to give you proof of the current state of your prepaid account, how your credit is used or prima facie evidence of the state of your account or of any other matters recorded. Once you purchase a new top up voucher, 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 as below:

State 1: Active – Your phone becomes active once you have made or received your first call. The number of days your phone remains active is dependent on the value of the top up voucher purchased. Each denomination has a defined number of days before the voucher 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, toll free numbers and Customer Care as well as your fast top up number to top up your account, which will move 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 60 days before you move into the expired state. You can also receive calls, however you cannot make paid calls. You can only call emergency numbers, toll free numbers and Customer Care as well as your fast top up number to top up your account. You will lose any credit that was on your account before you became deactive.

State 4: Expired – Your account becomes expired if you fail to top up your account before the 60 days given in the Deactive

12. Foreign Currency Transaction

The amount of any transaction charged in any currency other than Cayman currency will be billed and payable by you in Cayman currency. We will make conversion from a foreign currency to Cayman currency, 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.

13. SIM Card

Digicel are and remain 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. 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

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 Cayman.

15. 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.

16. Settling Disputed Charges

We should be advised in writing of any disputed charge(s) occurring 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.

17. Customer Obligations

By signing the application to receive our Services, 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 approved 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 requests and/or instructions related to your use of equipment, handsets or Services issued by us; immediately report and confirm in writing and 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; 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 Digicel deem it necessary to enforce its rights hereunder in any legal action you will reimburse us for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action.

 18. Equipment & Connection to Network

Only equipment that is approved by us shall be used by you to connect to the Service and we 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 upon demand disconnect any equipment or device from the Network which is not approved or does not comply with our specifications. In no event shall you interfere with any equipment provided to you by us for use with the Service. We accepts no responsibility for the maintenance repair or condition of equipment or devices which are not our property and you will maintain all equipment and devices in good condition which are used or connected to the Service.                                                                     

19. Package Transfer, Suspension & Termination

This Agreement has a Fixed Term of twelve (12), twenty-four (24) months or as specified on the order form. The Agreement begins on the date this document is signed by you, and will continue until terminated by you or us in the manner provided below. Notwithstanding termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination, whether the Agreement is ended by you or us. You must remain on the specified package selected for duration of the agreement.
You can at any time change to a higher plan, however you may not change to a lower plan while within your Fixed Term contract period. At the expiration of a Fixed Term, the Agreement will continue on a month to month basis unless we terminate Service for any reason upon three (3) days’ notice other than for breach (in which case we may terminate without prior notice), or unless you terminate Service for any reason by providing thirty (30) days’ notice to us.

If you breach the Agreement or attempt to terminate Service prior to the end of the Fixed Term, you agree to pay us, as the remaining sum that you would have paid until completion of the Fixed Term.

This Agreement may be suspended and/or terminated by us 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 any information supplied by you is found to be false or misleading;

·         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 any reasonable cause to believe that you are unable to pay the charge;

·         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 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 wish to temporarily deactivate your service for a selected period but maintain your current mobile number, charges will still exist depending on your contract status. Customers within an existing contract period will be required to honour their monthly plan payments. Customer without an existing agreement may hold their number for a monthly fee set by Digicel. Should your access be interrupted, suspended and/or terminated in any of the circumstances outlined above, you shall remain liable for your debt and any other amounts you owe us in full. Furthermore, 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.

20. Exclsion 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:

 

·         Inability to make or receive call as a result of your account balance or  for failure to keep your account in a state that will allow you to use the Service;

·         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 Cayman or elsewhere and/or default or failure of any third party. Digicel Cayman, 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 provider(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.

21. Technology changes

Digicel may change its Service delivery methods or platforms from time to time which may require you to change Equipment and/or Equipment settings to continue to avail of the Services. You  agree that such changes do not constitute changes to the conditions of the Service. We will not liable for any costs incurred as a result of any changes required to be made by you.

22. Service modifications

We have the sole discretion to modify the standard settings and/or features of the Service from time to time. The parties agree that such changes do not constitute changes to the conditions of the Service.In the event that we withdraw a Service, we will move you to, or make available, a comparable replacement Service and/or plan only where possible. Where we withdraw a plan (but the Service remains available), we will always move you to a comparable plan where possible. If no comparable plan is available, we will move you to the most comparable plan to ensure you continue to receive the Service.  We may also move you to another Plan at any time if you will be better off. We will provide you with notice of Service modification. In the event that you do not agree with the Service or plan we have moved you to, you must terminate your agreement with us.

23. On Demand Terms and Conditions

Any services which we have not committed to providing you with for the entire duration of your contract with Digicel are called “On Demand Terms and Conditions”. On Demand Services include but are not limited to the following which is not an exhaustive

a)       Content services;

b)       Roaming services;

c)       Directory Enquiry rates and services;

d)       Premium Rate Services.

These and other are services which we are not in a position to guarantee at the time of entry into these Mobile Telephone Service  terms and conditions and relate to services which we have not agreed to provide for the duration of your minimum contract term. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services. We may amend, vary or withdraw the terms of any On-Demand, ancillary services from time to time, without any notice to you and you will not be entitled to terminate your Contract if we do so. For example, from time to time we may increase the price of On-Demand Services or we may withdraw these Services without notifying you of such changes.

24.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.

25. Claims

You shall indemnify and hold Digicel harmless against all claims for libel, slander or infringement of copyright arising from any material transmitted or recorded over our Network, claims for infringement of patent arising from, or in connection with your use of our facilities or apparatus and systems and against all other claims arising out of your act or omissions.

You will indemnify and hold us harmless against the following all damages or injury caused to our 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 us.

26. Customer Information

The collection and use of data collected is an integral element of the Services, and you expressly consent to such collection and use in accordance with our privacy policy, as may be amended from time to time .A current copy of our privacy policy is available at http://www.digicelgroup.com/content/digicel/digicelgroup/en/privacy-policy.html (the “Privacy Policy”).  Part of our Privacy Policy commitment is to never disclose any Personal Data or Information that Digicel may receive from you and through your use of Service to third parties or use your Personal Data for any purpose other than as provided in the Privacy Policy. Digicel Cayman 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 Cayman in writing.

27. Trademarks

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

28. 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.

29. Headings

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

30. Governing law

This Agreement shall be governed, interpreted and construed by, through and under the laws of the Cayman Islands. Disputes shall be submitted exclusively to the competent court(s) of the Cayman Islands. These Terms and Conditions are accurate as the publication date.

 

 

 

Digicel Internet Terms & Conditions

1. The Service: Acceptance by Customer

Digicel Cayman agrees to provide to the Customer (“You”) Internet Services (“the Services”) subject to the terms and conditions set below and any terms provided in your Service order form. You understand and expressly consent that the Service is governed by these terms and conditions.  We will make reasonable commercial efforts to notify you of any updates to these terms and conditions. Notwithstanding the foregoing, your continued use of the Services will be deemed acceptance to amended or updated terms and conditions. As such, you should frequently check the Digicel website. If you do not agree to any of these terms and conditions, do not commence use of the Service. If you do not agree with amended terms and conditions you must discontinue use of the Service. Digicel reserves the right to require credit references and/or a security deposit prior to activation of the Service, if in our sole discretion, it is deemed appropriate.

2. Local Telecom Services

Where applicable, you shall, at your own expense, arrange for the installation and maintenance of any necessary telecommunication equipment and link between your location and Digicel’s network. Digicel  shall have no responsibility for the through transmission of signals, or for the quality of such equipment or link. Digicel is not responsible in any way for any customer owned equipment. Inasmuch as such equipment or link will be provided by a third party telecoms provider, you acknowledge and agree that Digicel shall have no liability whatsoever to you for any loss, cost or damage (including, without limitation, any special, indirect or consequential damages) related in any way to a failure of deficiency in the installation or use of such equipment or link.

3. Charges and Fees; Payments, Disputes, Suspension and Termination of Services

a) You agree to pay, at the beginning of each service period, the following: full charges relating to the services you have subscribed to including any installation, setup fees as agreed or based on usage. The service period for the first month of service is defined as a full month of service which starts on the day that you signed up for our Services and continues until the end of that month. Service is paid in advance and Digicel reserves the right to change the billing period. For hardware charges such as modems, filters, routers etc. that have been purchased through your corporate account with Digicel, you may apply these charges to your corporate account with Digicel. These charges will appear on your next statement, or shall be applied to a credit card on the day you take possession of the equipment. Residential customers are required to pay in full upon receipt of any hardware.

b) Monthly statements are sent to you at the email address provided on the sign up form. Statements are for your records only and in the case of residential and DSL customers, [DS1] payment for services will either be taken directly from the credit card supplied on the sign up form or accepted from you in  cash or cheque payment. In the event you change or no longer check the email you initially provided to us or that we have on file, you are still obligated to pay the charges. Failure to receive or loss of a bill does not constitute a valid claim for failure to make payment.

c) You are responsible for all charges and fees related to your account and charged to you, therefore you should take all steps necessary to safeguard your access to Services which include your login and password.

d) Business accounts may be sent monthly invoices by which to pay by. For Business accounts that do receive a monthly invoice, payment is due within thirty (30) days from the date of the invoice. Payment is to be made directly to Digicel Cayman.

e) You shall ensure that adequate funds are in your bank account on the date payment is due so as to ensure that the card is not declined. In the case of a declined card, failure to pay by cash or cheque, or in the event your account is suspended, you will be responsible for all and any late charges and charges in arrears including a1.5% per month or minimum $3 late payment charge that will be applied to your account.

f) You will be responsible for notifying Digicel in the event you wish to use an alternate credit card for monthly payment. This information, including expiry date and billing address, must be received by Digicel in advance of the billing date (which is the first day of the month you initially subscribed for service).

g) In the event that you have not notified us with the renewed credit card expiry date in advance of your card expiring, you authorize The Service Provider to change your expiry date to a date that is known to be common for all other cards changing on the same date and general information that would have been obtained from the bank.[DS2]

h) Should you wish to dispute any invoice, statement or charge, you shall do so in writing to        cayman.customercare@digicelgroup.com within 10 days of incurring the charge otherwise Digicel will deem the charge valid. If the dispute is valid and Digicel has incorrectly charged your account, credits will be applied back to your Digicel account to be applied to future charges. Customers requiring a credit to be applied directly to a credit card supplied at time of sign up will receive such credits in the week following resolution.

i) Customers wishing to voluntarily suspend accounts must do so in writing to cayman.customercare@digicelgroup.com. Digicel does not temporarily suspend accounts for purposes of holidays and vacation. In the event you are off the island and not actually using the services you have subscribed to, you will still be responsible for all charges and payments during the time you were away and not actually using the service. If Digicel does temporarily suspend your account and charges, we will do so in writing.

j) In the event you choose to terminate your account for any reason, you must do so in writing to cayman.customercare@digicelgroup.com not less than 30 days in advance of the start of your next monthly service period. You may only terminate your account if you are outside of any initial term period agreement and if your account is current and paid to date. Termination can only be accepted in writing so it is suggested that you keep a record of your sent mail, as proof, until such times as we have terminated your account.

k) In the event you choose to terminate your account, for any reason, before the initial term period that was agreed upon by you, you will be responsible to pay Digicel the equivalent of the monthly service fee for the number of months remaining in your initial term. In addition, if you terminate your account, for any reason, before the initial term period that was agreed upon by you, and if you received a DSL modem from Digicel at no charge, you shall pay us the value of the modem which is currently set at C$ 99. This amount will be charged directly to your credit card supplied at time of sign-up, or in the case that credit card is no longer valid or is returned as declined. You agree to pay all charges to Digicel along with any third party collection fees that are incurred during the collection process.

3.Term:
Our agreement with you starts when you first take up any Service with us, as will be indicated in the order form and will end when you no longer have any Services with us.

4.Customer Warranties and Representations

You hereby represent and warrant to The Service Provider as follows:

That the Service will only be used for lawful purposes and the transmission of any material or information arising from the use of the Service will not violate any applicable law or regulation of the Cayman Islands or any other jurisdiction; that the Service will not be used in any manner to access Digicel’s computer installations for any purpose other than obtaining the Service in accordance with the terms and conditions of this Agreement; that you are at least eighteen (18) years of age.

5.Customer Information

The collection and use of data collected is an integral element of the Services, and you expressly consent to such collection and use in accordance with our privacy policy, as may be amended from time to time .A current copy of our privacy policy is available athttp://www.digicelgroup.com/content/digicel/digicelgroup/en/privacy-policy.html  (the “Privacy Policy”).  Part of our Privacy Policy commitment is to never disclose any Personal Data or Information that Digicel may receive from you and through your use of Service to third parties or use your Personal Data for any purpose other than as provided in the Privacy Policy.

6. Termination; Suspension of Service

a)Either party may terminate this Agreement at any time with no less than 5 days’ notice in advance of the start of your next monthly service period. Notice must be provided in writing as detailed in Section 3(i),(j) and will be subject to clause 3(k).

b)Digicel may, at its absolute discretion and without notice effective immediately suspend or terminate the Service;

(i)                   if you fail to pay any charge or other amount due hereunder; should Digicel, in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service, interferes with Digicel’s network or equipment; if you otherwise commit a breach of any term of this Agreement.

(ii)                 If you (or any third party, with or without your knowledge) use your Services in a way which we reasonably think may damage or negatively impact the operation of our Network, the Services, other users of the Service or a third party’s network;

c) No suspension or termination of the Service will terminate your obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. In the event that action is required to recover outstanding amounts, you shall be liable for all costs of collection, including legal fees and expenses.

d) Should the Service be suspended or terminated for any reason and should Digicel subsequently agree, in its sole discretion, to reinstate the Service, you shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service. Digicel may choose not to reinstate the Service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension.

d) Digicel does not credit partial service periods or monthly fees. In the event you cancel the Services before the start of your next service period, Digicel is not obligated to refund any prorated amounts of your monthly fee and any fees paid are non-refundable.

7. Network Maintenance / Upgrading / General Improvements

In order that Digicel can continue to offer the highest of quality Internet access and other related services such as hosting etc, we reserve the right to effect changes to the rules of operation, accessibility and security procedures and the provision, type and location of the Service. General network and other related maintenance will be performed during non-peak times and will generally be communicated to our customers in advance, to the email that was provided at time of sign up. From time to time, network maintenance is performed by our providers and adequate time is not always provided for us to notify our customers.

8. Customer Indemnification

You hereby indemnify and hold us harmless from any and all claims, actions, costs, expenses, damages and liabilities at law or in equity, including legal costs, arising in any way from the Service or your use thereof including without limitation claims of slander infringement of patents arising from combined with, or used in connection with the Service or Digicel’s network system.

9. Technology changes

Digicel may change its Service delivery methods or platforms from time to time which may require you to change Equipment and/or Equipment settings to continue to avail of the Services. You  agree that such changes do not constitute changes to the conditions of the Service. We will not liable for any costs incurred as a result of any changes required to be made by you.

 

10. Service modifications

We have the sole discretion to modify the standard settings and/or features of the Service from time to time. The parties agree that such changes do not constitute changes to the conditions of the Service.In the event that we withdraw a Service, we will move you to, or make available, a comparable replacement Service and/or plan only where possible. Where we withdraw a plan (but the Service remains available), we will always move you to a comparable plan where possible. If no comparable plan is available, we will move you to the most comparable plan to ensure you continue to receive the Service.  We may also move you to another Plan at any time if you will be better off. We will provide you with notice of Service modification. In the event that you do not agree with the Service or plan we have moved you to, you must terminate your agreement with us.

11. On Demand Terms and Conditions

Any services which we have not committed to providing you with for the entire duration of your contract with Digicel are called “On Demand Terms and Conditions”. On Demand Services include but are not limited to the following which is not an exhaustive

a)       Content services;

b)       Roaming services;

c)       Directory Enquiry rates and services;

d)       International Call rates and services;

e)       Premium Rate services.

These are services which we are not in a position to guarantee at the time of entry into these terms and conditions and relate to services which we have not agreed to provide for the duration of your minimum contract term. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services. We may amend, vary or withdraw the terms of any On-Demand, ancillary services from time to time, without any notice to you and you will not be entitled to terminate your Contract if we do so. For example, from time to time we may increase the price of On-Demand Services or we may withdraw these Services without notifying you of such changes.

12.Fair Use

This Fair Use Policy applies to our Services (unless we have specifically stated otherwise) to ensure that all our customers are able to access our Services. We may apply this Fair Use Policy where in our reasonable opinion your usage of the Service is excessive and/or unreasonable as detailed in this clause. We have developed this Fair Use Policy by reference to average customer profiles and estimate customer usage of our Services. If your usage of a particular Service materially exceeds estimated use patterns over any month or is inconsistent with normal usage patterns, then your usage will be excessive and/or unreasonable. If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after we ask you to stop or alter the nature of such usage, we may without further notice, suspend, modify or restrict your use of the Service(s) or cancel your access to the Service(s).

13. Gifts

We may  at our discretion include as part of our Services gift items. Such gift items are provided on an as is basis, without any warranties and are only available while stocks last. We shall not be liable to the Customer with respect to the free gift. The free gift has no monetary value and cannot be exchanged for discount on any services.

14.Waiver

If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.

15.Privacy

Our Privacy Policy forms part of our Agreement with you, and sets out how we collect, use and disclose personal information. It is important that you read the Policy available http://www.digicelgroup.com/content/digicel/digicelgroup/en/privacy-policy.html.
We may monitor and/or record calls made between you and us to ensure that we have a proper record of our dealings with you and also for the purpose of maintaining and improving the quality of our services

16.General

These terms and conditions are accurate as of the date published. Your continued use of the Service after the date the variations and amendments is express consent from you to the varied or amended terms and conditions. In the event that you do not accept any amendments or variation, you must immediately notify Digicel  and terminate your account as provided by these terms and conditions.

 

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Digicel Cayman Terms and Conditions