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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 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. 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. The
company may however, disclose any information about you and your accounts: to any authorized
personnel or third party; in response to credit inquiries; 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 and as disclosed in our Privacy Policy. The company
shall not become liable by reason of the giving of such information of it being inaccurate or
incomplete. 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
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, in addition to the company’s
tariffs. 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 allocated to you or any other name, code or number
whatsoever associated with our Service.
8. MOBILE TELEPHONE DIRECTORY & CALLER ID
Unless indicated on 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 the company’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
I 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. I
authorize Digicel to: (a) compile this information, (b) disclose my account information including my
payment history and confidential information to credit reporting agencies or private credit
reporting associations, and (c) periodically obtain and use my credit report and other credit
information for any source in connection with Digicel’s offering of wireless and other services. All
bills payable in full within 30 days from invoice date. I authorize Digicel Cayman to deduct the full
payable balance on the 15th day of the month from my provided credit card. If the transaction is
unsuccessful, Digicel Cayman reserves the right to charge my credit card again once before the end
of the month. I understand that if fail to fulfill the terms of my credit obligations under this
Agreement, Digicel may report my failure to credit reporting agency. I will be responsible for all
charges associated to use of this 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 the company 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 the company, should this method of payment be dishonored.
The company 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 the Company. The company reserves the right to charge interest
on overdue amounts - at the minimum rate of $3 or 2% per month on any open balances. We are
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, we reserve 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.
We may require you or your estate to pay your total debt immediately if you do not carry out your
obligations under this Agreement; if you become bankrupt or insolvent, or die, or upon legal
attachment, levy or execution against you, your estate or your property or if your SIM Card is used
contrary to this Agreement. Invoices will be sent 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.
