T & C: BlackBerry Messaging Bundle

Blackberry Messaging Bundle – Terms & Conditions

1.      Agreement

These terms and conditions shall govern the relationship between Antilliano Por N.V., d.b.a. Digicel Bonaire  (hereinafter referred to as “we”, “us”, “our” and “the Company”) and the user (hereinafter referred to as “you”, “your” “the Customer”) of the Blackberry Messaging Bundle (hereinafter referred to as “Service(s)”, “Digicel Mobile Service”) and shall constitute legal and binding obligations on the parties once you have used your phone. Where applicable your registration form shall form part of these terms and conditions. The Service is available to both Prepaid & Postpaid Customers. These Terms & Conditions annul all prior understandings between you and us. By using Services, you have agreed to these Terms & Conditions. We reserve the right to amend or unilaterally change any of Digicel Mobile Service products and/or Digicel Mobile Service services and/or the Terms and Conditions of this Agreement subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media, SMS text messaging and our website. If the Service is used after notice of amendment, then it shall be deemed accepted. All users are liable for performing all of the obligations under this agreement. This agreement is governed by the Laws of the Netherlands Antilles.

2.      Maintenance of Existing Terms & Conditions

You agree to continue to observe and abide by the Standard digiFLEX and digiSELECT terms and conditions of service established at the activation of prepaid and postpaid mobile services respectively. For the avoidance of doubt, these Terms and Conditions are in addition to any other terms and conditions of use of any of the Company’s other services.

3.      Service Charges

The Company’s tariffs for the Service, as amended from time to time, also form part of the Agreement. We reserve the right to alter such tariffs and will notify the Customer of such a change by notice in writing via advertisement in the national media, SMS text messaging and on our website.

4.      Service Description

The Company shall provide the Service as described in Schedule 1.

5.      Service Period

For prepaid customers the service period is either:

a.       Weekly (7 days) counted from the time of day that the Customer is activated (for instance, if the Service is activated at 9:00 am the Service will be deactivated at 8:59 am 7 days later).

b.      Bi-Weekly (14 days) counted from the time of day that the Customer is activated as per (a) above.

c.       Monthly (30 days) counted from the time of day that the Customer is activated as per (a) above.

For postpaid customers the service period is monthly, with a 2-year contract to be signed.

6.      Roaming

Digicel’s Data Roaming rates, as amended from time to time, will apply when the Customer is roaming. The tariffs for this Service only apply to usage in Bonaire.

7.      Payment

For Prepaid Customers payment for the Service will be deducted from the Customer’s account balance when the Customer subscribes to the Service. If there is an insufficient balance on the account the Service will not be activated.

For Postpaid Customers charges for the Service will be added to their monthly service bill.

8.      Customer Obligations

You consent to and agree to:

a.       abide by all the terms and conditions of use of the Service as outlined herein;

b.      comply with laws and regulations governing this network and service;

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

d.      immediately report and confirm in writing, loss, theft, damage of handset and/or SIM Card preventing your use of the Service;

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 will reimburse the Company for all costs and expenses including reasonable attorney’s fees as a result of such legal action.

9.      Suspension & Termination

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

a.       if any information supplied by you is found to be false or misleading;

b.      if you do not comply with and/or breach any of the Terms and Conditions of this Agreement;

c.       if we have any reasonable cause to believe that you are abusing the service or are unable to pay for Service;

d.      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;

e.       if you commit a trespass on the Network or any equipment owned by the Company

f.       if you conspire to defraud the Company

g.      if, in the sole opinion of the Company, you should do anything which could be or is detrimental to the operation of the Network or the Company

h.      if Services rendered to you in the sole opinion of the Company 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 that does not comply with relevant legislation and regulation;

i.        if we are unable to provide Service to you;

j.        if you do anything which in the opinion of the Company is intended to result in the evasion or avoidance of the Company’s charges or defraud the Company;

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

 

10. Customer Information

Digicel will send you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify Digicel in writing.

11. 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.