DIGICEL CAYMAN TERMS AND CONDITIONS - MOBILE TELEPHONE SERVICE
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
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.
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.
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.
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.
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.
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
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.
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.
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.