Bring Your Own Device Terms and Conditions

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BRING YOUR OWN DEVICE

DIGICEL’S BRING YOUR OWN DEVICE TERMS AND CONDITIONS

1. To qualify

  •  You can qualify for this plan once your device is a ‘grey market’ device. This means that your device cannot be a device purchased at one of Digicel’s dealer store. Any device sold by Digicel is NOT eligible for this plan. 

2. How it works

  •  You will be allowed to activate one of Digicel’s postpaid plans or one of Digicel’s 4G Smart Plans without having to agree to a minimum service period (i.e. no contract period). You will therefore be allowed to terminate / downgrade your plan without incurring any penalties at any time you chose. 
  •  You will not be required to pay a Security Deposit in order to activate the postpaid plan of your choice.
  •  You will be able to activate any postpaid plan of your choice.
  •  You can also benefit from the handset upgrade option once you meet Digicel’s handset upgrade criteria. 

3. Please be aware

  •  Subject to the above, the standard Postpaid terms and conditions apply. 
  •  To the extent permitted by law, Digicel reserves the right to amend or unilaterally change any of the above terms and conditions subject to notifying customers of such amendments. Such notification may be by way of text message, advertisement in the national media and/or our website. If after notice of amendment the Digicel Service is used (whether by placing a call, sending an SMS or otherwise), then the amendment shall be deemed as accepted.
  •  Handsets must be compatible with Digicel’s network and capable of using a Digicel SIM Card. If necessary, you should unlock their handset so that it can use a Digicel SIM Card prior to subscribing to the Service. Digicel does not guarantee the performance of non-branded Digicel handsets.
  •  Digicel will not be responsible for the repair of any handset that is not a Digicel supplied handset. If you have brought your own device to connect to Digicel’s service you will not benefit from the twelve month manufacturer’s warranty against production defects.
  •  These terms and conditions are governed by the Laws of Trinidad and Tobago.

Digicel Fourth Generation (4G) Data Plans Service – Terms & Conditions

1. Agreement

These terms and conditions shall govern the relationship between Digicel (Trinidad & Tobago) Limited (hereinafter referred to as “we”, “us”, “our” and “the Company”) and the customer (hereinafter referred to as “you”, “your” “the Customer”) subscribed to a Digicel Fourth Generation (4G) Dongle/MiFi Data Plan (hereinafter collectively referred to as “the Data Plan”) and shall constitute legal and binding obligations on the parties once the Customer subscribed to a Data Plan at a Partner Dealer Store or through Digicel’s 4G Self Care service. These Data Plan terms and conditions are supplementary to the Digicel prepaid or post-paid Terms and Conditions (“the Agreement”) (whichever is applicable) and for the purposes of these terms and conditions the Data Plan shall be deemed to be part of the Service under the Agreement. Where any conflict arises between these terms and conditions and the Agreement with respect to the Data Plan these terms and conditions shall prevail. We reserve the right to amend or unilaterally change the Data Plan and/or these terms and conditions subject to notifying you of such amendments by way of advertisement in the national media, SMS/text messaging and/or our website. If the Data Plan is used after such notice, then the amendment shall be deemed to have been accepted by you. These terms and conditions are governed by the Laws of Trinidad and Tobago. 

2. Service Description 

What is a 4G Data Plan?

  •  4G Data Plans allows you to access high-speed internet using fourth generation technology from your 4G capable device. 4G Data Plans allow data uploads and downloads and allows you to access the World Wide Web at 4G speeds anywhere a 4G signal can be received. 

3. Subscriptions

i. If you wish to subscribe to the eighteen (18) month Data Plan you can visit a Digicel Partner 

ii. If you are a Digicel prepaid customer you may subscribe to a Data Plan on Digicel’s 4G Self 

iii. if you are a postpaid customer you must ensure that you have sufficient credit in your 

iv. if you are a current postpaid customer your account must be in good standing and must Dealer Store to activate the Data Plan of your choice. The Data Plan will automatically be activated once you have met our relevant criteria, subject to verification by Digicel’s Customer Care and/or the Partner Dealer. Care Portal found on (insert correct hyperlink here)  or through My Digicel App from your handset. Account to cover the related tariffs; and have an unexpired credit limit sufficient to cover the tariff; 

v. You may during an on-going Service Period of a Standard 4G data plan add a Data Refill to vi. If you have exceeded the allotted bundle size of the Data Plan to which you are subscribed, their existing 4G data plan by visiting the 4G Self Care Portal or through the My Digicel App on your handset. you will be charged a rate of Fifty 950) cents (VAT exclusive) for each additional megabyte (MB) of data used outside the relevant Data Plan during the Service Period (“the Out of Bundle Rate”).

4. Tariffs

  •  The relevant tariff for the Data Plan (“the Tariffs”) will be deducted from your prepaid account balance or charged to your postpaid account when you subscribe to the Data Plan of choice. If there is an insufficient credit balance on your prepaid account, or where a your postpaid account is not in good standing or where the unexpired credit limit on your postpaid account is insufficient to cover the Tariff then the Data Plan will not be activated.
  •  Digicel hereby reserves the right to alter these Tariffs and will notify you of such a change by notice in writing via advertisement in the national media, SMS text messaging and/or via our website. All prices quoted are VAT Exclusive

5. Service Period

  •  The Data Plan will be valid for use throughout the selected service period from the time of subscription by you, subject to the terms and conditions set out herein (“the Service Period”).
  •  All Data Plans, shall automatically renew at the end of the Service Period. You must have sufficient credit balance on your prepaid account to cover the renewal subscription at the end of the current Service Period, in order for the automatic renewal subscription to take effect. 
  •  You will receive one (1) SMS/text message within the last forty-eight (48) hours preceding the expiration time for the Data Plan reminding you of the expiration date and providing instructions on how you may cancel your subscription to the Data Plan. 
  •  You will also receive one (1) SMS/text message twenty-four (24) hours preceding the expiration time for the Data Plan reminding you of the expiration date and providing instructions on how you may cancel your subscription to the Data Plan. 
  •  If you are subscribed to an eighteen (18) month contract you will not receive the SMS/text messages described herein as your Data Plan will be automatically provisioned for the duration of the eighteen (18) month period. 

 

  •  If you have added a Data Refills at any time during the Service Period your Data Refill shall expire at the end of the current Service Period of the primary Data Plan. For the avoidance of doubt all Data Refills shall only remain valid for the existing Service Period of the current primary Data Plan.

6. Postpaid Minimum Service Period 

By signing the postpaid Mobile Services Agreement, you have agreed to a minimum service period of eighteen (18) calendar months from the date on the Mobile Services Agreement (“the Minimum Service Period”). Should you terminate the Data Plan during an active Minimum Service Period, you shall be liable to pay to Digicel the subscription fees that would have been payable for the remainder of the Minimum Service Period.

7. Data Plan Changes 

  •  You may, during an existing Service Period or at the expiration of an existing Service Period change your existing Data Plan by subscribing to a Data Plan that is of a different bundle size and tariff from your existing Data Plan. 
  •  If you are subscribed to an eighteen (18) month plan described you must contact Digicel’s Customer Care to request a downgrade or upgrade of your existing Data Plan. Once approved such plan changes shall take effect on the expiration of the Service Period of your existing Data Plan.
  •  When a Data Plan is changed during an existing Service Period, any data from the existing Data Plan that is not used at the time of the upgrade or downgrade shall roll over to the new Data Plan. This roll over data will expire….

8. Data Usage

  •  If you have data remaining at the end of the Service Period the data shall not roll over or accumulate for usage after expiry of same.

10. Approximate Data Usage

  •  You can, at any time during the Service Period, check your approximate data usage by visiting the My 4G Self Care Service (insert hyperlink here) or through the My Digicel App on your handset.

11. Roaming

  •  Digicel’s Data Roaming rates as amended from time to time, will apply when you are roaming. 

For further details on Digicel’s roaming rates visit (insert hyperlink to roaming page here). For the avoidance of doubt, the tariffs for the Data Plan only include usage in Trinidad & Tobago.

12. Availabilty of Service

  •  Digicel does not guarantee the availability of the Service. The availability of the Service is subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Service and features are only available in select Digicel service areas. While outside of a select Digicel 4Gservice area, you shall seamlessly transition to 2G (EDGE) coverage within Trinidad and Tobago. Use of the Service when roaming is dependent upon the Digicel roaming partner’s support of applicable network technology and functionality. You may receive unsolicited text messages from third parties as a result of visiting internet sites and a per message charge may apply whether the text message is read or unread, solicited or unsolicited.

 

  •  The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, transmission or correct sequencing of any information or downloaded data is not guaranteed by Digicel. 
  •  All download speeds experienced depend on device characteristics, network availability and coverage levels, tasks, file characteristics and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and other capacity constraints.

13. Fair usage

  •  Digicel reserves the right to terminate the Data Plan forthwith if in its sole opinion the Data Plan is being abused, such abuse to include but not be limited to the following:-

a. commercial use of the Data Plan;

b. peer to peer file sharing;

c. restricting or inhibiting any other Customer from using the service; 

d. any use that infringes uponothers’ intellectual property rights;

e. posting, publishing, reproducing, distributing or transmitting any unlawful, threatening, abusive, libellous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability; 

f. posting or transmitting any information or software that contains a trojan, worm, virus or other harmful component; 

g. avoiding, bypassing, removing, deactivating or circumventing by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner; 

h. sending large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as "spamming" or "mailbombing'); 

i. making any unauthorized attempt to gain access to any account or computer resource not belonging to that Customer(also known as 'spoofing', ‘phishing’)

j. subscribing or attempting to subscribe to a Data Plan with intent to avoid payment;

k. making any unauthorized access, alteration, destruction, or any attempt, of any information of any Digicel Customers or end-Customers by any means or device;

l. running programs or servers that provide network services to others through the Data Plan ("webhosting"), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections;

m. reselling or providing access to the service or to any other Digicel service to any third party, without the prior express written consent of Digicel. Breach of this provision may result in immediate suspension of the Data Plan until the problem is corrected; 

n. any use deemed by Digicel to interfere with Digicel’s ability to fairly allocate capacity among other Customers or that otherwise degrades service quality on the network and

 o. Digicel further reserves the right to take measures to protect its network and its Customers from harm, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate the service, with or without notice, to any Customer we believe to be using the Data Plan or features thereof in a manner that adversely impacts on the Digicel network.

p. Digicel may monitor the your compliance with these terms and conditions but we will not monitor the content of communications except as otherwise expressly permitted or required by law. 

14. Your Obligations

In addition to the obligations under the Agreement, you agree to:

a. abide by all these terms and conditions of use of the Data Plan as outlined herein;

b. comply with laws and regulations governing the Digicel network ;

c. utilize the Data Plan for personal use only and not for commercial and/or business purposes;

d. immediately report and confirm in writing, loss, theft, damage of any device that prevents your use of the Data Plan;

e. comply with all reasonable requests 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 legal proceedings. Should the 

Company deem it necessary to enforce its rights hereunder in any legal action you agree to reimburse the Company for all costs and expenses including reasonable attorney’s fees as a result of such legal action.

f. be solely responsible for keeping your 4G device properly secured and for all activations and other activities that occur on or through your 4G device. Digicel shall not be responsible for any losses arising out of the unauthorised use of your 4G device.

Digicel Home Service - Terms and Conditions

1. Agreement

1.1 These terms and conditions shall govern the relationship between Digicel (Trinidad & Tobago) Limited (“Digicel”, "we", "us" "our", “the company") and the user ("you", "your" "the customer") of residential telephone service over our mobile telecommunications network (“Network” and "Service(s)" or "Digicel Home Service" respectively) and shall constitute legal and binding obligations on the parties once we have accepted your application for the provision of Service through our authorised device ( “Digicel Home phone”, “equipment”, “phone”, “device”) purchased from us together with a Subscriber Identity Module Card (“SIM Card”) both belonging to Digicel. 

1.2 Your application form shall form part of these Terms and Conditions.

1.3 Connection and activation are subject to satisfactory risk assessment, credit rating and/or receipt of a deposit. The minimum deposit required will be determined at the sole discretion of Digicel.

1.4 These Terms and Conditions annul all prior understandings between you and us.

1.5 By using the Service, you have agreed to these Terms and Conditions. 

1.6 To the extent permitted by law, we reserve the right to amend or unilaterally change any of the Digicel Digicel Home Service 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 and/or SMS. If Service is used after notice of amendment, then it shall be deemed accepted. 

1.7 These Terms and Conditions shall be governed and construed in accordance with the laws of Trinidad and Tobago. Each party agrees to bring any legal actions regarding this Agreement in a Court of Trinidad and Tobago only.

2. Warranty Policy

2.1 All Digicel devices come with a twelve (12) months manufacturer warranty against production defects 

2.2 Warranty conditions are available at any Digicel store or you can call customer care.

3. Information Disclosure

3.1 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, authorised contact or user of the account.

3.2 We may however, disclose any information about you and your accounts:- 

I) to any authorised personnel or third party;

II) in response to credit enquiries;

III) if Digicel, in its discretion, deems such disclosure necessary or desirable;

IV) pursuant to legal process or subpoena;

V) if disclosure is necessary to protect our interests. 

3.3 By using the Service you consent to and authorise any such disclosure. We shall not become liable by reason of the giving of such information or 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 Service

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. Service Description

Digicel Home Phone is a device that is provided to you with a voice plan which will allow you to be able to have the access of a landline. 

6. Service Charges

Digicel’s tariff for this Service shall be a fixed rate for bundled minutes as well as specified charges incurred for calls outside of the bundled minutes. These tariffs, as amended from time to time, also form part of this Agreement. We reserve the right to alter such tariffs and will notify you of such a change by notice in writing and/or via national media and/or via our website and/or via SMS.

7. Subscription

 You will be able to subscribe to either:

a. Digicel Home Phone; or

b. Digicel Talk and Surf Service;

  •  You may also during an ongoing Service Period purchase additional bundles to your existing package
  •  If you exceed your allotted minutes during a Service Period you will be charged out of bundle

8. Digicel Numbers 

Digicel reserves the right at any time to alter or replace a home number allocated to you or any other name, code or number whatsoever associated with our Service.

9. Caller  ID

Our Network shall allow the display of your telephone number on our receiving handset.

10. Security Deposit

10.1 You shall be required to make a security deposit in order to be connected or reconnected to the Network.

10.2 This security deposit will be released upon termination of this Agreement provided that all outstanding payments have been collected.

10.3 No interest is paid upon the return of the security deposit.

10.4 The security deposit may be used to settle any outstanding debts owed to us at anytime.

10.5 You may be required to pay a further deposit as is reasonable in the circumstances. 

10.6 A security deposit does not absolve you from your liability to pay for the Services rendered through the SIM Card, including all costs associated with its unauthorised use.

11. Credit Limit

You will be notified of your monthly credit limit when your application is accepted. We reserve the right to increase or lower your monthly credit limit at any time and from time to time, without prior notice. You agree that your monthly debt will not exceed your monthly credit limit, Your credit limit, established at our discretion, relates to your current usage. Service may be suspended if your account usage exceeds this limit.

12. Payment

12.1 When you use the SIM Card and/or Services, you incur a debt. Service charges, subscription fees, VAT 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 are responsible for paying all charges on your account whether or not they were incurred by you personally. You agree to repay this debt to the company at any designated collection centre 

12.2 We reserve the right to:

A) reject and/or disallow cheque payments made otherwise than by certified or company cheque;

B) reject and/or disallow cheque payments from you once dishonoured cheques have been processed through your account;

C) charge a fee should any payment made by you be rejected, regardless of the reason and the method of payment.

D) charge interest on overdue amounts at a rate of 5% per annum over the prime lending rate as instructed by the Central Bank of Trinidad and Tobago. 

12.3 We are not liable for any loss or damages suffered as a result of the use of, or failure in any bill payments services. 

12.4 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. 

12.5 We may require you or your estate to pay your total debt immediately if you do not carry out your obligations under this Agreement or if you become bankrupt or insolvent, or die, or upon legal attachment, levy or execution against you, your estate or your property or if the SIM Card is used contrary to this Agreement. 

12.6 Invoices will be sent to the billing address of the account holder only unless otherwise specified. 

You will not receive a printed invoice if you have signed up for our Ebill service. 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. VAT will be added on charges where applicable. 12.7 You agree to accept our records of a transaction as accurate unless you can provide contrary evidence that is satisfactory to us.

12.8 Payment is due upon the invoice presentation date, ie. once the invoice is available to you and must be paid by the date specified on the invoice. We will not be held responsible for customers’ non-receipt of invoices delivered by post. Your statement is deemed to have been delivered to you on the day it is available for you to pick up, whether or not you do so. You must continue to make payments even when postal service is disrupted, as invoices can otherwise be obtained by contacting the Customer Care Centre or by signing up for our Ebill service

12.9 If you have signed up to receive your invoice via our EBill service you are required to pay whether or not you have received your invoice via email, as you may call our Customer Care Centre to find out your outstanding balance.

 

 

 

 

12.10 We reserve the right to contact you otherwise to seek payment of amounts due.

12.11 All invoices generated will be available for reprint on request. You may be required to pay for reprints. 

12.12 We reserve the right to change billing cycles and/or to issue interim invoices. 

12.13 Any disputed amounts on your invoice can only be queried by you within 3 months of the date specified on that invoice.

13. SIM Card

13.1 We claim ownership of all SIM Cards provided for Service to our Network and they must be returned intact with the device to us, or anyone acting on our behalf, on request. 

13.2 You must not interfere with the SIM Card for any reason or attempt to remove it from the device.

13.3 Any attempts to remove the SIM card from the device and/or to use it in a mobile handset will render you liable to have your account terminated by us. 

13.4 Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge at the sole discretion of Digicel.

14. Digicel Home Phone Devices

All Digicel Home phones sold through Digicel and our authorised dealer channel:

I) remain the property of Digicel and are to be returned together with the SIM Card to us, or anyone acting on our behalf, on request; and 

II) are Network locked. Customers are not permitted to remove, or have a third party remove the lock.

15. Reporting Responsibility

Your Digicel Home phones and the SIM Cards are your responsibility. You must take every precaution to keep them safe. You shall immediately report and confirm in writing any loss, theft, damage or unauthorised 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 unauthorised use. If you have previously authorised someone to use your device and have subsequently withdrawn your authorisation, you will continue to be held liable for all charges and costs incurred by their use until we have been notified in writing.

16. Settling Disputed Charges

16.1 We must be advised of any disputed charge(s) that occur on an Invoice within sixty (60) days of the date of the disputed invoice. 

16.2 You will still be held liable for non-contested charges on the invoice which are deemed payable by the due date. 

16.3 We will investigate the disputed charge(s) and notify you of the outcome of that investigation. Non-payment of charges deemed to be valid after the investigations are completed 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 this application, you have consented to:

A) provide valid proof of your identity that we deem acceptable;

B) only use our authorised equipment and facilities with the Network and comply with laws and regulations governing its use;

C) use our technology on terms specified by us when it is made available;

D) inform us in writing five (5) days prior to billing if any of your customer data, contact information or financial information has changed

E) comply with laws and regulations governing this Network and Service;

F) follow our reasonable instructions related to your use of the equipment or Services issued by us;

G) immediately report and confirm in writing, if your equipment inclusive of SIM Card is lost, stolen or damaged. We will replace your equipment but there may be a charge;

H) comply with all reasonable requests 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 legal proceedings.

I) reimburse us for all costs and expenses including reasonable attorney’s fees incurred as a result of legal action that the company deems necessary to enforce its rights hereunder .

18. Replacement Costs

You will be held responsible for any costs and related expenses for the replacement of your Digicel 

Homephone Device or Digicel Talk and Surf Device should either of the devices be damaged as a result of your negligence.

19. Equipment & Connection to Network

A) Only the authorised equipment shall be used by you to connect to the Service. 

B) In no event shall you interfere with any equipment provided to you by us for use with the Service. 

C) You will maintain all equipment in good condition which is used or connected to the Service. 

20. Service Period

20.1 By signing the Application form you have agreed to a minimum Service period of eighteen (18) calendar months (“Minimum Service Period”). 

20.2 If at any time before the Minimum Service Period has expired you terminate the account you shall be required to pay a pro-rated subsidy fee to offset the loss incurred by your failure to observe the Minimum Service Period.

21. Suspension & Termination

21.1 This Agreement may be suspended and/or terminated without the need for prior written or verbal communication:

A) if you breach any statutory restrictions/regulations/ procedures that govern this Network and the Service;

B) if any information supplied by you is found to be false or misleading;

- If you do not comply with and/or breach any of these Terms and Conditions;

C) if intermittent checks, modifications and/or maintenance is deemed necessary by the Network;

D) for non-payment of overdue amounts under this Agreement;

E) if you fail credit checks that may be performed from time to time;

F) if we have any reasonable cause to believe that you are unable to pay the charge;

G) If you notify us that your Digicel device has been lost or stolen;

H) if we have reasonable cause to believe that Service was obtained fraudulently or fraudulent or improper use of your Digicel device or SIM Card is taking place against us or a third party;

I) if you commit a trespass on the Network or any equipment owned by the company;

J) if we have reasonable cause to believe that you are call routing;

K) if we are required to suspend the account following an order, instruction or request from any governmental body, any emergency service organisation, or any other person or organisation with the appropriate authority to request such suspension;

L) if you conspire to defraud the company;

M) if you use the SIM Card for commercial gain;

N) if, in our sole opinion, you should do anything which could or is detrimental to the operation of the Network or the company (inclusive but not limited to actions causing congestion);

O) if Services rendered to you in our sole opinion may cause the operation of the Network to be jeopardised 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;

P) if we are unable to provide the Services to you;

Q) if you do anything to avoid or evade our charges;

R) if you do anything which in our opinion is intended to or result in the evasion or avoidance of our legitimate charges or defraud the company;

S) if you do anything which is intended, or results in or likely to bypass the Service. 

21.2 Should your access be interrupted or suspended in any of the circumstances outlined above, 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 accept the Terms and Conditions of Service, we reserve the right to refuse to reconnect you.

22. Exclusion of Liability

22.1 We shall not be held liable for any indirect, or consequential loss (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) suffered by you (or anyone claiming through you) due to any of the following:

A) suspension or non-availability of any Service;

B) suspension or termination of this Agreement;

C) interruption of or failure to connect any call made to or by the equipment;

D) interruption of or failure to connect any call due to failure of a third party;

E)any call made to or by the equipment being overheard or intercepted by any third party;

F) any data/information transmitted to or by the equipment being altered or lost. 

22.2 We will have no liability to the customer 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 and the State’s enemies, weather events, civil disturbances, industrial action, war, governmental action, force majeure, the act or omission of any other telecommunication carrier, default or failure of a third party.

22.3 Digicel, its associated or affiliated companies, their respective officers, agents, 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 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.

22.4 If we offer goods and/or services as agents of any principal providers(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 so long as we have identified the providers to you and identified ourselves as agents. 

22.5 Nothing in this Agreement shall limit our liability for (a) fraud or other criminal act (b) personal injury or death caused by our negligence or (c) any other liability that cannot be limited or excluded by law. 

23. Hold Harmless

You will indemnify and hold us harmless against the following:

A) all damages or injury caused to the Service(s) and Network as a result of your negligence or failure to abide by your obligations hereunder; 

B) all claims arising out of your act or omission in conjunction with the Service(s) provided by us.

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. We may replace any terms found to be invalid, illegal or unenforceable with a similar term that is valid, legal and enforceable.

25. Waiver

Any waiver of us by a breach of any terms of this Agreement shall not operate as or be construed as a waiver of any other breach of such term in this Agreement. Our failure to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered to be a waiver of any rights under this Agreement or operate to deprive us of the right thereafter to insist upon strict adherence to that term or any other terms of this Agreement.

26.Assignment

26.1 This Agreement is made with you and you may not transfer any of your rights and responsibilities under this Agreement without our prior written consent. 

26.2 We may transfer any of our rights without your permission provided that the level of service you now receive is not adversely affected by this transfer.

27. Customer Information

By signing the application form you consent to us sending to you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify us in writing.

DIGICEL’S FLEXI PAY PLAN TERMS AND CONDITIONS

1. To qualify:

  •  You can qualify for Digicel’s Flexi Pay Plan by completing the Mobile Services Agreement in FULL at one of our Partner Dealer stores. 
  • You must present a valid copy of Government issued Identification (this can be a Driver’s Licence, National Identification Card or Passport). The Identification must be in your name, valid (expired no more than one month past), containing a visible picture and a legible signature. 
  •  A Copy of your proof of address is to be supplied when signing up. We will accept Utility Bills (TSTT fixed line, T&TEC, Flow, WASA or a printed or mailed bank statement or any credit card statement. The proof of address must be in your name; bank statements cannot be more than three (3) months old. If you submit a document that is not in your name you will need to provide a letter authorizing the use of the address and a copy of the authorizing person’s ID must be provided.

2. How it works:

  •  With Digicel’s Flexi Pay Plan you will receive:
  •  Unlimited Night Digi Talk; 
  •  Unlimited Digi to Digi SMS;
  •  Unlimited Social (Whatsapp, Facebook, Twitter & Instagram);

 1 Golden Number.

  •  You will also receive 350MB of 4G for the first 7 days of the month for the duration of the Flexi Pay Plan
  •  You will be given the added flexibility of topping up your account which can be used similar to how Prepaid credit isused. This credit can be added at any time and can be used for voice calls, texts and to purchase additional data plans.
  •  With the Flexi Pay Plan you will have the option to pay your bill by using a top up voucher.

3. Please be aware

  • These Terms and Conditions are supplementary to the Digicel Post-Paid Terms and Conditions (please see http://www.digiceltt.com/assets/uploads/Digicel_Postpaid_TCs_31_Oct_2013.pdf) and the Digicel Fourth Generation (4G) Data Plans Service Terms & Conditions (please see http://4g.digiceltt.com/en/pricing/plans ) (“the Agreements”) (whichever is applicable) and for the purposes of these terms and conditions the Flexi Pay Plan shall be deemed to be part of the Service under the Agreements. Where any conflict arises between these terms and conditions and the Agreements with respect to the Flexi Pay Plan these terms and conditions shall prevail. 
  •  We reserve the right to amend or unilaterally change the Flexi Pay Plan and/or these terms and conditions subject to notifying you of such amendments by way of advertisement in the national media, SMS/text messaging and/or our website. If the Flexi Pay Plan is used after such notice, then the amendment shall be deemed to have been accepted by you. 
  •  These terms and conditions are governed by the Laws of Trinidad and Tobago.
FREE AFTER 5 TERMS AND CONDITIONS
 

1. To qualify:

 If you are a prepaid or postpaid customer on Digciel’s network and talk for 5 minutes on any local Digicel call or international call or if you send 5 chargable SMS text messages you can qualify for Digicel’s Free After 5 Promotion. 

2. How does it work?

  •  Local Talk
  •  Prepaid-Talk for 5 charged minutes on an On Net (Digi-Digi) call and receive 120 minutes 
  •  Postpaid-Talk for 5 charged minutes on an On Net (Digi-Digi) call and receive 30 minutes 
  •  You can qualify for this Free After 5 Local Talk multiple times per call, per day.
  •  International Talk
  •  Prepaid and Postpaid-Call the USA, Canada, Europe Landlines, Asia or Digicel Caribbean free on that call. free on that call. (excluding Haiti, Jamaica and Guyana) and talk for 5 charged minutes and receive the next 30 minutes of that call free. To see a full listing of countries included please visit (insert FAQ hyperlink here)
  •  You can qualify for the Free After 5 International Talk multiple times per call per day.
  •  Text
  •  Prepaid- Send any 5 charged SMS messages per day, and receive 120 free SMS messages 
  •  Postpaid- Send any 5 charged SMS messages per day, and receive 30 free SMS messages 
  •  You can only qualify for the Free After 5 Text once per day.

3. Please be aware

  •  Subject to the above, the standard Prepaid terms and conditions shall apply if you are a to local Digicel numbers for the rest of that day. to local Digicel numbers for the rest of that day.

Prepaid customer, while the standard Postpaid terms and conditions shall apply if you are a Postpaid customer. 

  •  Promotion ends 1st April, 2015.
  •  To the extent permitted by law, Digicel reserves the right to amend or unilaterally change any of the above terms and conditions subject to notifying you of such amendments. Such notification may be by way of text message, advertisement in the national media and/or our website. If after notice of amendment the Digicel Service is used (whether by placing a call, sending an SMS or otherwise), then the amendment shall be deemed as accepted.
NIGHT PASS TERMS AND CONDITIONS
 

1. To qualify

  •  If you are a prepaid or postpaid customer you can purchase Digicel’s Night Pass for Five Trinidad and Tobago Dollars ($5.00). With the Night Pass you will be able to make unlimited calls to any local Digicel number during 10:00p.m. to 4:59 p.m. 

2. How does it work

  •  If you are a Prepaid customer you must have sufficient credit to cover the $5.00 fee.
  •  If you are a Postpaid customer your account must be in good standing and must have an unexpired credit limit to cover the $5.00 fee.
  •  You can dial the USDD code *399# from your mobile handset to subscribe to the Night Pass.
  •  The Night Pass only applies to calls placed from Trinidad and Tobago and not while you are roaming. 

3. Please be aware

  •  Digicel reserves the right to terminate the Night Pass forthwith and without notice if in its sole opinion the Night Pass is being abused, such abuse to include but not be limited to the following:-

A. Commercial use of the Night Pass;

B. Use of the Night Pass for profit or financial gain;

C. Open circuits without voice conversations;

D. Installation of or use of a Digicel SIM card in a PBX/switchboard,

E. Restricting or inhibiting any other customer from using the service; 

F. Any breach of the Customer Obligations as set out herein;

G. Any use by the Customer that is intended to or results in or is likely to bypass the service;

H. Reselling the service to any third party, without the prior express written consent of Digicel. Breach of this provision may result in immediate suspension of the Night Pass; 

I. Any use deemed by Digicel to degrade the service quality on the network or otherwise interfere with or undermine the Digicel network.J. General abuse intended to undermine the mobile telecommunications network or services provided by Digicel

K. Any other ground for suspension or termination under Digicel’s Standard Prepaid Terms and Conditions or the Standard Postpaid Terms and Conditions as applicable.

  •  By subscribing to the Night Pass you agree to:

A. Abide by all these terms and conditions for use of the Night Pass as outlined herein;

B. Comply with laws and regulations governing the Digicel network ;

C. Utilize the Night Pass for personal use only and not for commercial and/or business purposes;

D. Not bypass the service or engage in any act that is likely to result in bypass of the service;

E. Immediately report and confirm in writing, loss, theft, damage of handset and/or SIM Card preventing use of the Night Pass;

F. Comply with all reasonable requests 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 legal proceedings. 

G. Be solely responsible for keeping your mobile handset properly secured and for all activations and other activities that occur on or through your mobile handset. Any request made for the Service via the use of an USSD code from a mobile handset shall be deemed a legitimate request from the Customer to whom the said mobile handset is registered. Digicel shall not be responsible for any losses arising out of the unauthorised use of your handset.

H. Subject to the above the standard prepaid and postpaid terms and conditions shall apply and the Night Pass shall be deemed to be part of the Digicel Mobile Service thereunder.

I. To the extent permitted by law, Digicel reserves the right to amend or unilaterally change any of the above terms and conditions or terminate the promotion, subject to notifying Customers of such amendments or termination. Such notification may be by way of text message, advertisement in the national media and/or our website and shall take effect on publication of the notification. 

  •  This terms and conditions shall be governed by the laws of Trinidad and Tobago.

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