Service Agreement Term

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Service Agreement Terms

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.

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Service Agreement Term