|
Terms and Conditions applicable to the provision of WestStar TV Limited (“WestStar”) services or WestTel Limited (“WestTel”) services, as appropriate:
1. The Service; Acceptance By Customer.
WestStar and WestTel shall hereinafter each be referred to as the Service Provider solely with respect to any services that either of them provides to You. The Service Provider agrees to provide to You such service(s) as are specified in the Application Form (the “Service”), subject to these terms and conditions, which shall take effect from the date that You sign the Application Form. The Service Provider however reserves the right to require credit references and/ or a security deposit prior to activation of the Service, if in the Service Provider’s sole discretion, it is deemed appropriate. In the event a security deposit is required due to credit concerns, the amount of the deposit shall be based on Your use of the Service Provider’s equipment, Your credit worthiness or other such similar reasons, all of which shall be in the sole discretion of the Service Provider. Upon termination of service, the Service Provider shall within a 120 days refund to You all monies deposited, including interest thereon, less any monies owed by You for unpaid bills. The Service Provider shall keep all deposits in a separate trust account established by the Service Provider with the beneficial right to the monies in such account designated in favour of subscribers making security deposits.
2. Installations, Maintenance and Repair.
(a) You shall, at your expense, arrange for the selection, installation, operation, and maintenance of any necessary telecommunications equipment to connect Your premises and Service Provider’s ICT network. Service Provider shall not be responsible for testing, certifying or inspecting customer owned equipment and shall not be responsible if such equipment becomes obsolete or requires modification due to changes in Service Provider’s equipment, ICT network or operations. Inasmuch as the telecommunications equipment or link will be provided by a third party telecommunications service provider, You acknowledge and agree that Service Provider shall have no liability whatsoever to you for any loss, cost or damage to person or property, in any way arising from installation or use of Service Provider equipment or Service (including, without limitation, any special, indirect or consequential damages) related in any way to a failure or deficiency in the installation or use of such telecommunications equipment or link. You hereby authorize Service Provider and its installer to use any existing antenna leads or pull wires in any manner necessary to install a coaxial cable in the outlet location or locations requested by You. You further agree to relieve the Service Provider from any and all liability to reinstall or replace any existing antenna leads or pull wires used in connection with the installation of the Service. You hereby grant to Service Provider the right to enter upon and over the premises at reasonable times at the address indicated on the Application Form at any time during this agreement to install, connect, disconnect, inspect or alter the service facilities. If You are not the owner of such premises, You agree to defend, indemnify and hold the Service Provider harmless from any and all claims of the owner arising out of the performance of the Agreement.
(b) Service Provider shall not be liable for any inconvenience, loss, liability, or damage resulting from any failure or interruption of signal service, directly or indirectly caused by circumstances beyond its control; including, but not limited to, failure of the signal at the transmitter from any cause whatsoever, labor dispute, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting operation of the ICT network by Service Provider.
(c) Service Provider shall not be responsible nor liable for the operation or maintenance of the television receiver (WESTSTAR ONLY), or for signal failure or damage to Your property due to power failure, natural causes, or other events beyond its control.
3. Fees and Charges.
(a) You agree to pay, within thirty (30) days from the date of the invoice, the following:
(i) a set up fee in accordance with the Service selected on the Application Form (if any)
(ii) a monthly fee in accordance with the Service Provider’s published rates for the Service selected at sign up and connect time over and above any minimum hours included within the Service, and/ or the monthly invoiced amount payable for the Service
(iii) cheque handling fees, if you elect to pay your fees and/or charges by cheque.
(b) Charges for Telephony and Data Services (WESTTEL ONLY) shall begin when calls are answered, that is, when a connection is made between Your telephone and some other device (including, without limitation, a person, an answering machine, wrong number, a voicemail box, or fax machine). Charges cease upon disconnection of the calls. Minimum connection time is one (1) minute.
(c) Monthly invoices shall be sent to You at the mailing address designated on the Application Form, or subject to presentation by You of such appropriate identification as may be required by Service Provider, to such other mailing address as you may subsequently advise the Service Provider in writing. The Service Provider shall not be held responsible for the receipt of mail by You. Mail is sent via the postal service and You should contact the customer care department if Your bill is not received.
(d) You shall be responsible for all charges and fees incurred on and billed to your account, whether with or without your knowledge and consent, therefore you are advised to take all such steps necessary to safeguard access to the Services to prevent unauthorized use.
(e) Invoices not paid within thirty (30) days shall be subject to a late payment charge of CI$5 monthly on the unpaid amount. Further a processing fee of CI$25 shall be charged to your account if your payment is rejected for any reason. Service Provider also reserves the right to continue provision of the Service on a prepaid basis only or to impose a credit limit on your account with respect to usage charges (billed and unbilled) as is reasonable in the circumstances. Service Provider may suspend the Service if you exceed such credit limit, until Service Provider has received full payment of the outstanding charges.
(f) In the event that your account is thirty (30) days or more overdue, it [may] be deactivated or suspended by Service Provider.
(g) Service Provider reserves the right to revise its published rates of fees and charges applicable t the service from time to time. Notice of any change may be sent by email, fax or mail and shall be deemed sufficient if printed on or separately included with your monthly invoice. Your continued use of the Service shall constitute your acceptance of any such changes.
(h) Dispute Procedures: Should You dispute any amount set forth in the invoice, You shall be required to send written notice to the Service Provider within ten (10) days of the date of the invoice; otherwise the invoice will be deemed accepted by you as correct. Service Provider will investigate the matter and notify You of its findings. Should you wish to dispute the invoice after ten (10) days, Service Provider may charge a reasonable fee for carrying out an investigation. If following investigation Service Provider finds your account was in fact incorrect, that fee will be refunded to You. A charge being disputed by you shall not be considered past due unless the Service Provider has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
4. Customer Warranties and Representations.
You hereby represent and warrant to Service Provider as follows:
(a) that the Service will only be used for lawful purposes and that the transmission of any material or information arising from the use of the Service will not violate any applicable law or regulations of the Cayman Island or any other jurisdiction;
(b) that the Service will not be used in any manner to access Service Provider’s computer installations for any purpose other that obtaining the Service in accordance with the terms and conditions of this Agreement;
(c) that You are at least eighteen (18) years of age and that You consent of any disclosure of your personal information between WestStar and WestTel.
(d) THAT THE SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(e) that Service Provider shall not be liable for, and is excused from any failure or delay in performance that is due to acts of God, acts of civil or military authority, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, hurricanes, floods, unusually severe weather, epidemics, or due to any other cause beyond its reasonable control.
(f) THAT UNDER NO CIRCUMSTANCES SHALL SERVICE PROVIDER OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM YOUR OR YOUR USERS’ USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS, THEFT, OR DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
(g) that You shall not open, service, remove from the premises, or make any alterations in the Service Provider’s equipment or permit anyone other that authorized Service Provider personnel to do so. You agree to pay for any repairs or replacements of the Service Provider’s equipment or ICT network that are caused by any act or omission of Yours and to indemnify and hold Service Provider harmless from any and all claims, actions, costs, expenses, damages and liabilities at law or in equity, including legal costs, arising in any way from any act or omission of Yours.
5. Termination.
(a) Either party may terminate this agreement at any time on 90 days notice to the other party unless terminated as provided herein.
(b) In addition to any other remedies available to it, Service Provider may, at its absolute discretion and without notice or liability to You effective immediately suspend or terminate the Service:
(i) if, after 30 days from the date of Your invoice You fail to pay any charge or other amount hereunder;
(ii) should Service Provider, in its sole opinion, determine that activity has occurred which constitutes inappropriate, fraudulent or inappropriate use of the Service, or which interferes or may create an unreasonable risk of interference with Service Provider’s ICT network or equipment;
(iii) if the Service Provider receives complaints or claims from a third party regarding Your use of the Service;
(iv) if the Service Provider is directed by the ICT Authority to do so;
(v) in order to otherwise protect Service Provider, its equipment or facilities;
(vi) if You fail to comply with the warranties set forth in this Agreement or You otherwise commit a breach of any term of this Agreement.
(c) If you have committed to a term commitment period, after the expiration of that period, the Agreement will automatically renew for successive thirty (30) day term periods at Service Provider’s then-current month-to-month rates, regardless of the original term period, unless either party provides the other party thirty (30) days prior written notice that it does not wish to renew this Agreement.
(d) You may terminate Service at any time on thirty (30) days prior written notice and will be liable for any charges due for the Service that has been furnished up to the time Service is terminated and any applicable early termination charges as set forth in this Agreement.
(e) If You order Service subject to a term commitment period and if Service is discontinued prior to the end of that term commitment period, You will pay an early termination charge equal to fifty percent (50%) of the total monthly charges for the Service, multiplied by the number of months remaining in the term commitment period; provided, however, that no charges, other than those due up to the time Service is terminated, will apply if, (i) You terminate Service due to Service Provider being in default hereunder, or (ii) Service Provider terminates Service due to any reason other than the Customer being in default hereunder.
(f) No suspension or termination of the Service will terminate your obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amount still become immediately due and payable upon suspension or termination. In the event that action is required to recover any outstanding amounts, You shall be liable for all costs of collection, including legal fees and expenses.
(g) Should the Service be suspended or terminated for any reason and should Service Provider subsequently agree, in its sole discretion, to reinstate the Service, You shall be required to pay the restart fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service. Service Provider may choose not to reinstate the Service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension. Suspension of local voice services will only be done during normal business hours.
6. Service Upgrading.
In order to provide future improvements and/or to upgrade the Service, Service Provider reserves the right to effect changes to the rules of operation, accessibility and security procedures, and the provision, type and location of the Service, Service Provider resources, administration, features and network functionality.
7. Programming. (WESTSTAR SERVICE ONLY)
(a) You acknowledge that Service Provider reserves the right to at any time preempt without prior notice the specific programs previously advertised as available to You and to substitute what the Service Provider deems to be programming of comparable quality. Service Provider also reserves the right to alter its fee structure upon written notice to You in the manner set out in this Agreement. Service Provider shall have no liability of any nature for any failure or interruption, the Service Provider’s sole obligation with respect to Cable TV Services shall be made available comparable alternative programming.
(b) You agree that the programs and/or services provided via the Service will not be duplicated or reproduced except as permitted by law.
8. Conditions of the Service Provision.
(a) Service Provider will provide the Service contingent on Service Provider’s:
(i) ability to maintain necessary licenses or permissions, and
(ii) availability of network capacity and connections.
(b) Service Provider has no obligation to monitor the Service ; however, Service Provider may monitor the Service and disclose information gained from such monitoring in order to
(i) satisfy law, regulation or other government request,
(ii) operate the Service and administer Service Provider’s networks, or
(iii) protect itself or its subscribers.
9. Ownership of Service Provider Equipment
YOU UNDERSTAND THAT ANY SERVICE PROVIDER EQUIPMENT INSTALLED AT YOUR PREMISES UNLESS OTHERWISE SPECIFIED ON THIS FORM OR OTHER SERVICE PROVIDER EQUIPMENT PROVIDED IS AND SHALL REMAIN THE PROPERTY OF THE SERVICE PROVIDEROR ITS AFFILIATES, AND MUST BE RETURNED TO THE SERVICE PROVIDER AT THE TIME YOU DISCONTINUE SERVICE IN GOOD CONDITION. YOU AGREE TO PROMPTLY PAY SERVICE PROVIDER REPLACEMENT COST OF ANY LOST, STOLEN, UNRETURNED OR DAMAGED EQUIPMENT.
10. Disclaimer of Warranties.
SERVICE PROVIDER MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO THE SERVICE, THE SERVICE PROVIDER NETWORK, ANY RELATED SOFTWARE, HARDWARE, OR EQUIPMENT, QUALITY OF TRANSMISSIONS, CONNECTIVITY INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILTY OR INFRINGEMENT OR RELATING TO PATENTS, COPYRIGHTS OR THE LIKE.
Service Provider shall have no liability to You or anyone claiming by or through You for direct, indirect, special, incidental, consequential or any other ancillary damages caused by the Service or by inadequacy, deficiency or defect of the network or equipment or software or hardware used therewith, including loss of data resulting from delays, non-deliveries or wrong deliveries, or service interruptions from any cause whatsoever, loss of income, loss of profit or failure to realize expected savings, whether or not Service Provider is or should have been aware of the possibility of any of the foregoing, and whether or not any of the foregoing results from acts, omissions or negligence. You agree that should Service Provider be liable to You for any damages whatsoever, such liability shall not exceed the amount of the usage charge for the Service paid or payable by You during the calendar month in which the claim that gave rise to the damages arose.
11. Customer Indemnification.
You hereby indemnify and hold Service Provider harmless for any and all claims, actions, costs, expenses, damages and liabilities at law or in equity, including legal costs, arising in any way from the Service, or your use thereof including without limitation claims of slander infringement of copyright from material transmitted over Service Provider’s network system or infringement of patents arising from, combined with or used in connection with the Service or Service Provider’s network system.
12. Customer Queries
You may contact the Service Provider at:
Telephone: 1-345-745-5555
Fax: 1-345-745-5554
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
13. Protection of Customer Information
Unless you provide express consent, all information obtained or collected from the Service Provider regarding You other than Your name, address, listed telephone number are confidential and may not be disclosed by the Service Provider to anyone other than:
(a) You
(b) another Service Provider, provided the information is required for the efficient and cost effective provision of Service that has been authorized by You and disclosure is made on a confidential basis with the information to be used only for that purpose;
(c) a public authority or an agent of a public authority, if in the reasonable judgment of the Service Provider it appears that there is imminent danger to life or property which could be avoided or minimized by the disclosure of the information;
(d) an agent retained by the Service Provider in the collection of Your account, provided the information is required for that purpose; and
(e) a company involved in supplying You with telephone or telephone directory related services, provided the information is required for that purpose, and You have not requested not to be listed in the telephone directory, and disclosure is made on a confidential basis with the information only to be used for that purpose. For avoidance of doubt, You hereby expressly consent to the disclosure of all information obtained or collected by the Service Provider regarding You between WestStar and WestTel.
14. Monitoring of Electronic Communications.
The Service Provider monitors email and electronic messages during transmission over an ICT network or by means of an ICT service for viruses and other impediments to the provision of service to You. You agree and consent to the interception and monitoring and interruption of messages sent or received for such purposes.
15. Identification of Service Provider personnel.
Every person who is authorized to perform work on behalf of the Service Provider carries an identification card. If You have doubts, You may ask to see the Service Provider identification card and/or to call the Service Provider’s office.
16. General Provisions
(a) This Agreement contains the entire Agreement between You and Service Provider and may only be changes by a subsequent writing executed by the party against whom enforcement is sought.
(b) No delay or omission of Service Provider to exercise any right or remedy will impair any such right or remedy or be a waiver of any breach or default, nor will a waiver of any single breach or default, which must be in writing, be a waiver of any breach or default.
(c) This Agreement shall be governed by the laws of Cayman Islands, and Service Provider and You agree that jurisdiction shall be had in the Courts of Cayman Islands.
(d) Any provision of this Agreement which is unlawful or unenforceable under any applicable law shall be ineffective as to such applicable law without invalidating the remaining provisions hereof, and shall be replaced with a provision which is valid and enforceable and which mirrors the intent of the invalid or unenforceable provision so that.
(e) If there is a conflict between the Terms and Conditions of this Agreement and those of Your Application Form, the terms and conditions of this Agreement shall control.
(f) Headings in this Agreement are for convenience only and shall not be construed as part of this Agreement
(g) This Agreement shall not be assignable by you; however Service Provider shall be entitled to assign the Agreement in whole or in part without your consent.
(h) Any notice required or permitted hereunder shall be in writing and shall be delivered or sent by mail, or telefax, or courier service to the address designated on the application form. All notices shall be deemed given on the date received by the addressee.
(i) The Services are offered only where available.
(ii) You acknowledge and agree that: (i) WestStar and WestTel each offer Services subject to their individual ICT licenses and that Your Services agreement under this Agreement with WestStar is a separate and distinct agreement from Your Services agreement with WestTel; and (ii) under no circumstances shall WestStar be liable to You in relation to WestTel Services, nor shall WestTel be liable to You in relation to WestStar Services.
* Additional Fees to be charged as appropriate
Insufficient funds penalty CI$25
Restart fee CI$15 charged to all accounts that have been disconnected; reconnection fees may vary depending on the level of disconnection; if equipment is removed there is an additional fee of CI$150; if only the signal has been disconnected there is an additional fee of CI$50.
Lost/ Damaged Remote.............. CI$25
Lost/ Damaged Converter.......... CI$250
Modem Charge....................... CI$200
WMTA (Phone Hook Up).......... CI$200
Disconnection fee.................... CI$25
Service Call fee CI$50
|
