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, 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.
h) Should you wish to dispute any invoice, statement or charge, you shall do so in writing to email@example.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 firstname.lastname@example.org. 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 email@example.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.
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.
5.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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
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).
14. Equipment & Connection to Network
a)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.
b)Where Digicel provides you with Equipment or Devices (“Digicel Equipment or Device”) then you must not add to, modify or in any way interfere with Digicel Equipment or Devices. You will be liable for any loss of or damage to any Digicel Equipment or Device caused by you, your agents, employees or subcontractors. Digicel shall have the right to charge you for any damage to Digicel Equipment/Device. You are not be authorized to carry out maintenance and repair of Digicel Equipment or Devices and should such Digicel Equipment/Device be faulty, you shall contact Digicel for purposes of repairs or replacement at your cost notwithstanding any other payments you are required to make under this terms. Where Over The Top services are used on non-Digicel Internet connections. (e.g. By Softphone users or when the Over The Top service is used overseas and uses another ISP Network), Digicel will not be responsible for issues caused by other ISP’s that affect access to Over The Top service.
c)Where you obtain any Digicel Equipment or Device at a discounted price or for free, during a promotion or otherwise, (i) If you terminate the contract before the Fixed Term, you must return the Digicel Equipment/Device immediately and in full working order. If you fail to return the Digicel Equipment or Device within three (3) day of termination, you will liable to pay Digicel for the pro-rated value of the Digicel Equipment or Device at the time of termination. If you return the Digicel Equipment or Device after within 7 days of termination of the contract (ii) If you received a discounted or free Digicel Equipment or Device on the basis of a specific Service plan or package and you downgrade that plan or package during the Fixed Term, you will be liable to pay Digicel for the pro-rated value of the Digicel Equipment or Device.
e)Equipment or Device shall includes any CPE Self Install Modem, USB Dongle, peripheral hardware and any associated software owned and placed on the premises by Digicel for the provision of the Services or used by you in connection with the Service.
All charges connected with any Digicel Equipment/Device shall be billed in accordance with clause 3 above.
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.
If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
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
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.