These Terms and Conditions govern the provisioning of Subscriber Television Services (hereinafter referred to as “STV Services”), Fixed Data Services (hereinafter referred to as “Internet Services”), Fixed Telephone Services (hereinafter collectively referred to as “the Service” or “Services”) and facilities to residential and business customers by Cable & Wireless Jamaica Limited, Columbus Communications Jamaica Limited and Dekal Wireless Limited (hereinafter collectively referred to as “FLOW” or “the Company”).
These Terms and Conditions are agreed between the Company and the person or business named on the Application Form provided by the Company (hereinafter referred to as “the Customer” or “the Applicant”).
Existing Contract
These Terms and Conditions shall become effective on December 1, 2020 (“the Effective Date”).
These Terms and Conditions supersede the previous Terms and Conditions for the Services.
All Customers shall, in accepting or continuing to use any current Service, be deemed to have consented to such Services on these Terms and Conditions. For existing Customers Clause 13.1 shall only apply for Services acquired as at the Effective Date.
Unless expressly incorporated in the specific Terms and Conditions, these Terms and Conditions shall not apply to:
The leasing of lines for data services.
Trunk line service.
Mobile telephone and data service.
Any Services provided by the Company, not referred to in 1.1 above.
The existing Terms and Conditions for the Services listed in paragraph 2.4 shall remain in force until superseded by new Terms and Conditions for these Services.
The Company has the right to modify these Terms and Conditions from time to time upon reasonable notice to the Customer. If the Customer continues to use the Service after such notice, then he shall be deemed to have accepted such modification.
Notice to Customers may be by one or more of these methods:
Publication in a daily newspaper circulated in the island, placement in our Business Offices or dealer locations;
on our website at www.discoverflow.co, sent by email, Interactive Voice Response which is an automated calling message system to Customer’s Fixed Telephone Service number or other contact given on the Application Form.
Application For Service
Application for Service to be provided, or for an installation to be altered or removed, should be submitted to the Company by the Applicant in any manner prescribed, or on a prescribed Application Form provided by the Company. The Applicant for post-paid Services will be required to enter into a contract for a period specified by the Company. This contract shall renew automatically until terminated by the Customer or the Company. All Applicants for Services are required to present a valid form of government issued identification and Tax Payer Registration.
The Customer agrees to execute and submit to the Company the Customer’s written authorisation that the Company shall be entitled to disclose and obtain the Customer’s credit history from any credit bureau legally operating in Jamaica any and all credit information relating to the Customer's business including without prejudice to the generality of the foregoing information relating to the history of financial transactions and payment history of the Customer for the life of the Customer’s contractual relationship with the Company in accordance with the Credit Reporting Act 2010 (hereinafter referred to as “The Consent Form”).
The Company shall notify the Applicant, either on the relevant Application Form or by other notice in writing of the rate or amount of any rental or other charges, which are to be borne by the Applicant in respect of the Service to be provided.
The Company is not obliged to provide Service to any individual or firm that owes for any Service already rendered by the Company, whether or not such Service is governed by these Terms and Conditions, until arrangements have been made to liquidate the unpaid account.
Application Of Residential Rates
Residential Rates will apply to the Service provided under the following conditions, that is, in:
A private residence used for residential purposes only.
The residential portion of hotels, apartment houses, boarding houses, churches or institutions where the use of the Service is confined to the social and personal use of the Customer.
The residence of a person practising a recognized profession provided that profession, is not practised there and the use of the Service is confined to social and personal use.
Application Of Business Rates
Business rates will apply to the Services provided:
In offices, stores, factories, educational institutions, clubs, hospitals, private and public institutions.
At locations where the Service is used substantially for business and is so advertised.
Conditions Relating to the Installation of Services
All related hardware for the provision of the Company’s Services shall hereinafter be referred to as “Equipment”. Where any privately owned Equipment is intended to be connected with the apparatus provided by the Company, the Customer shall ensure that all such Equipment is fully compliant with the certified standards as advised by the Company from time to time.
Where the circumstances are such that the Company considers that special Terms and Conditions should apply for the protection of an installation, the Company may from time to time determine such Terms and Conditions and notify the Customer in writing.
During installation of Services to the Customer's premises, the Company may connect the sheath of one or more cables to a ground reference either by integrating into the Customer's ground of the building or premises in which the Equipment is being installed or by installing a separate ground electrode to facilitate this connection. In either case the Company will not be responsible for any damage or injury that occurs as a result of electrical storms, power outages, power surges or any other power anomaly. The installation of this ground connection may reduce the likelihood of any damage caused by such power anomaly and it is the responsibility of the Customer to ensure that this ground connection is not disconnected or damaged. The Customer is advised to further protect electronic Equipment through appropriate power related Equipment.
Network Demarcation/Termination Point
The Company may install Equipment to indicate the termination of its network for Fixed Telephone Services and the beginning of the Customer’s in-house facilities for which the Customer is responsible for Fixed Telephone Services (hereinafter referred to as “The Master Jack”). This Master Jack, may be owned and maintained by the Company as a part of its network. Master Jacks may be deployed in new Customers’ premises during installation visits.
A Customer’s access to the Master Jack is permitted only to:
Connect a Fixed Telephone Service instrument, to the socket labelled “phone”, for normal operation;
Facilitate self-testing as part of the fault resolution procedure;
Allow connection to the in-house wiring facilities by a qualified contractor.
The Equipment
The Customer understands and agrees that all the Company’s Service and related Equipment shall include but is not limited to any set-top boxes, modems or other Equipment which may be either purchased (hereinafter referred to as “Customer Owned Equipment”)or rented by the Customer. All Equipment whether purchased or rented must remain on the Customer’s premises in order to obtain Services for the duration of the period in which the Company is providing any of its Services. Save and except for Customer Owned Equipment the Customer shall not remove or transfer the Equipment without the prior written consent of the Company.
All repairs and modification of the Company’s Equipment shall be made only by the Company or its employees or authorized agents. Equipment which shall include Customer Owned Equipment and Services provided by the Company are for use at the premises where installed and shall not in any way be rerouted, diverted, split or broadcast by the Customer.
The Customer is responsible for all Equipment provided by the Company to receive the Services and shall ensure upon the Customer’s termination of Services that arrangements are made with the Company's retail stores to return the Equipment in excellent working condition failing which the Customer shall pay to the Company a sum equal to the replacement value of the Equipment as determined by the Company. The Company shall not be in any way responsible for the repair of any Customer Owned Equipment including but not limited to the Customer’s television, stereo, computer or telephone.
Any unauthorized connection to or modification of the Equipment installed will be considered a breach, entitling the Company to terminate same forthwith and to cease providing the Services to the Customer.
The Company shall be entitled to recover damages for any loss or injury resulting from the breach by the Customer of any obligation of the Customer or any applicable law including the obligation of the Customer not to tamper with the Equipment.
Save and except for any Customer Owned Equipment purchased by the Customer for STV and Internet Services, all Fixed Telephone Services Equipment and apparatus beyond the Master Jack shall be provided by, be owned by and be the sole responsibility of the Customer.
The Company owns all facilities and Equipment, up to and including the Master Jack, used to provide Service to Customers. A Customer who itself, himself or his agent, willfully or through negligence causes damage to the Company’s Equipment, shall reimburse the Company for the installed replacement and removal cost of such Equipment.
Upon initial provision of the Internet Service, the Company may provide a modem and splitter/filter kit which will be billed to the Customer’s Service account for the Minimum Period of Service as defined in Clause 13 herein.
If Equipment is purchased from the Company, title to the Equipment will pass to the Customer upon the Company’s receipt of full payment therefor. Risk of loss for or damage to each item of Equipment will pass to the Customer upon its delivery to Customer.
The Customer shall be responsible for obtaining and installing all other software or Equipment necessary to access the Internet Service and to operate the Customer’s computer.
The Company’s Internet Services provides dedicated connections from a Customer's premises to the Company’s network. At the originating Customer’s premises, the Customer's Equipment places data into Internet Protocol packets ("IP") and gives each packet a terminating address, and the Company routes registered IP packets over its Internet network to the terminating Internet location or peering point with another Internet Service provider.
“Device” shall mean a wireless local area network compatible device for the provision of Internet Services. The Internet Service may not be compatible with Devices such as home security systems, medical alerts, doorbell answering service, or other similar automatic reporting systems using telephone lines.
The provision of the Internet Service may be dependent upon the provision of other Services to the Customer (such as Fixed Telephone Services) and to the extent that the Service to Customer is facilitated by such other Service, the Terms & Conditions of such other Service may be applicable, in whole or in part, to the provision of this Service.
The Warranty on Equipment
Customer Owned Equipment which is purchased by the Customer directly from the Company is covered by a ninety (90) day warranty. This warranty shall only cover manufacturers' and workmanship defects and defects in materials under normal consumer use. This warranty shall only apply if the Customer uses the Equipment for its intended use and in accordance with the manufacturer's instructions and recommendations. This warranty is not transferable. In the event that there is any defect or there is any damage to the Equipment which is covered by this warranty, the Company at its sole option, may at no charge repair, replace or refund the purchase price of the Equipment.
Without prejudice to the generality of the foregoing, this warranty shall not include or cover:
Normal and fair wear and tear;
Improper use, operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse;
Contact with fluids, liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat or food;
Situations where the Equipment is subjected to abnormal usage or conditions;
Other acts which are not the fault of the Company;
Damage caused to the Equipment by lighting or surges or fluctuations in the electricity supply.
This warranty shall be void in the event that any person other than a person authorized by the Company performs or attempts to perform any technical Service to the Equipment or opens or attempts to open the case of the Equipment.
The Company may use functionally equivalent reconditioned refurbished/pre-owned or new Equipment or parts in order to fulfill this warranty.
Part II
Refusal /Disconnection Of Service/Removal of Equipment
The Company may refuse to render new Service, disconnect existing Service or enter the Service premises and remove its own Equipment which shall include but is not limited to set top boxes, modems or any other Equipment provided by the Company, for any of the following reasons:
When the Applicant or Customer has failed to pay amounts that are past due and owing to the Company for any Services previously rendered whether or not those Services governed by these Terms and Conditions;
When the Customer fails to comply with the terms of any agreed payment plan;
When a bankruptcy petition has been filed against the Customer or if, the Customer being a corporate body, a resolution is proposed or a petition filed for it to be wound up or a receiver, or administrator receiver, temporary manager or judicial manager or similar officer is appointed over the whole or any part of its assets; or if the Customer shall propose a composition with its creditors, or if distress or other similar process shall be levied against the Customer and same is not discharged within thirty (30) days;
When the Customer’s premises are unsafe, or are used in violation of any act or regulation as stated herein;
When the Services are used in violation of any statute or of any regulations, rules or order made under any statute;
When the Customer has, in relation to any Service, defrauded the Company or committed a breach of any Agreement which shall mean any Application Form, Consent Form, contract and/or supporting appendices thereto together with these Terms and Conditions;
Where the Company has reasonable grounds to believe that the Services and facilities are being used in a manner resulting in, or likely to result in the evasion or avoidance of the Company’s legitimate charges, or in other circumstances that indicate an intention to defraud;
When the Customer uses or permits the use of abusive, profane or offensive language, or pretends to be another person for the purpose of defrauding, or uses the Service for the purpose of threatening, or unreasonably interferes with the Service of another user or with another user’s private rights or commits any similar offence;
When the Customer abandons the premises where the Service is installed and has not paid for the Service;
When the Customer attaches, installs, or connects (directly or by induction) to facilities or Equipment, the property of the Company, any instruments, apparatuses, or mechanisms of any kind that are not compliant with the certified and approved standards or otherwise tampers with the installation;
When the Customer refuses to allow the Company to install the Master Jack.
Where the Company declines to provide a Service notwithstanding the availability of facilities, it shall provide the Applicant with a written reason.
Installation Or Restoration Of Service
The Company may provide and/or restore Service that had been refused or disconnected due to any of the conditions outlined in 10.1 above, once the unsafe conditions are overcome and/or there is compliance with the laws, regulations and any relevant Customer contracts to its satisfaction, subject to the availability of facilities for the provision of such Service.
Termination Of Service At Customer’s Request
The Customer may, by giving fourteen (14) days notice in writing, require the Company to cease the provision of Service. This notice relieves the Customer from liability to pay any further Service charges on the expiration of fourteen (14) days from the date on which the Company receives the notice or on expiration of the notice, whichever is later. The notice does not relieve the Customer from any other liability that has accrued prior to the date of termination whether billed or not.
Effects Of Termination During Minimum Period Of Service
The Company will determine in respect of any Service a period of not less than two (2) years as the minimum period for providing this Service (hereinafter referred to as “The Minimum Period of Service”). The Minimum Period of Service will begin on the day the Service was ready for use. Where The Minimum Period of Service is determined to be more than two (2) years, the Company shall notify the customer thereof by notice in writing.
The termination of a Service before the end of The Minimum Period of Service or a specified contract period will result in the Customer being charged as follows:
Where the Customer terminates a contract within the first twelve (12) months after commencement, the Customer will pay for each of the remaining month’s recurring charge from the effective date of cancellation up to the end of the twelve (12) month period;
Where the Customer terminates the contract any time after the twelve (12) month period after the commencement of Service as set out in 13.2.1, the Customer will pay one (1) month’s recurring charge.
Where Service at a particular location is cancelled by the Customer before the Minimum Period of Service, no charge will be made against the original Customer for having terminated service before the Minimum Period of Service, if:
The Service is taken over in its entirety by a new Customer without interruption of said Service and the new Customer assumes responsibility for all unpaid charges on the original contract;
Where Service is forced to be terminated, before the Minimum Period of Service at a particular location, no charges will apply against the Customer excepting any other liabilities that may have accrued up to the time the Service was terminated, if the termination is due either to:
An act of God
Or other cause deemed by The Company to be beyond the control of the Customer.
Temporary Disconnection At Customer’s Request
For Fixed Telephone Services a Customer may be granted temporary disconnection at a discount of 50% on the regular rate (the discounted rate being termed the vacation rate) under the following conditions:
The Customer applying for this facility must have had Service continuously for a period of not less than six months and must not be indebted to the Company at date of application;
Service and charges at the vacation rate will be allowed for no less than one month, nor more than three months and on no more than one occasion in any calendar year;
Charges at the vacation rate, for the entire period, must be paid in full at the time the application is accepted by the Company;
Service will be restored on the last day of the vacation period, unless the Customer has made request for restoration of Service in advance of that date. Notification should be given sufficiently in advance of the desired date for the restoration of Service. Any extension of temporary disconnection beyond three months will be at the regular rental rate;
In the event of advance restoration of Service, the Customer will be billed at the regular rate from and including the date following that on which Service is restored.
The Customer may activate a Vacation Plan which means a temporary disconnection of the said Services for a period of up to four (4) months in any calendar year at a rate to be determined by the Company. Where the Customer does not own the Equipment, the Customer shall return any rental set-top boxes and modem. Where the Customer owns the Equipment the Customer will be required to provide the Company with notice of disconnection, and the Customer shall reapply for the Service upon return.
Cancellation Of Application For Service
If an Applicant requests cancellation before the Company has begun installation, the Company will cancel the application and no charges will be made against the Applicant except as specifically covered by written contract or as provided for in these Terms and Conditions.
Where an application is cancelled at the request of the Customer after installation has begun but before installation is completed, the customer shall pay a charge to the Company not exceeding the total amount which would have been payable by way of installation charges, removal charges and rental for the Minimum Period of Service. In assessing the charges, the Company shall consider and take into account the use it is able to make of the Equipment and materials recovered.
Where an application, involving Equipment specially purchased for a Customer at the Customer’s request, is cancelled by the Customer before installation starts, then the customer may be asked to pay such charges as the Company had incurred. The Company will take into consideration the use it is able to make of the Equipment elsewhere.
Disconnection
Subject to the provisions of the Telecommunications Act 2000 and Telecommunications (Amendment) Act 2012 (hereinafter referred to as “the Act”, the Company may disconnect the Service and enter the Service premises to remove its Equipment if there shall be attached (whether physically or by induction) to any line or facility provided by the Company to the Customer any non-compliant Equipment, or any Equipment which is intended to permit any person to defraud the Company; or to use the Company’s facilities:
To avoid, evade or minimise any of the Company’s charges;
For a purpose other than the Service which the Customer contracted;
To transmit any unauthorised message over the Company’s network;
To bypass the Company’s network;
Disconnection of Service shall not affect the obligation of the Customer to pay any amount owing to the Company.
Part III
Establishment of Credit And Call Charge Limits
The Customer’s Credit Limit or Financial Cap which is the maximum monthly allotted future recurring Service charge (exclusive of roaming charges) to be incurred for new and existing Customers, may be established at the discretion of the Company and the Customer shall be required to either opt out or pay the sum as determined by the Company. Where a Customer’s established Credit Limit or Financial Cap has been exceeded without an additional sum paid or other arrangements acceptable to the Company being made, the Company may disconnect the Customer’s Service. An Applicant or a Customer may be requested by the Company to establish and maintain a Credit Limit or Financial Cap in one or any combination in the following ways:
By payment of a sum based on the monthly recurring Service charges as determined by the Company;
By furnishing credit references and a credit report acceptable to the Company;
By providing a suitable written guarantee in a form prescribed by the Company, renewable on expiration respect of which the Company shall be the sole judge as to whether or not the guarantee is acceptable.
Notwithstanding the provisions of 17.1 above, a Credit Limit or Financial Cap will be limited to an amount agreed with the Customer or on the basis of the Customer’s average monthly bill.
Where the Customer opts out of a Credit Limit or a Financial Cap, charges for services will be billed at out of plan rates and become due and payable in full upon presentation of a bill.
Security Deposits
New Applicants for Services will be required to pay installation charges for the Services to be provided, a Security Deposit to be determined by the Company plus any applicable General Consumption Tax or other tax.
In cases where the Applicant is a Customer or former Customer, who had defaulted on payment to the Company, a Security Deposit will be required for restoration of Service or for provision of new Service.
The Company will pay simple interest on all Security Deposits, at the average savings rate of the Company’s principal banker(s) for the immediately preceding 12-month period. Interest shall be computed on the basis of a calendar year or part thereof and shall be accrued annually to the Customer’s account, or at the time of discontinuance of the Service.
Upon final discontinuance of Service, the Security Deposit and any accrued interest will be applied firstly to the Customer’s account and the balance, if any, refunded to the Customer.
Effect Of The Security Deposit
The fact that a Security Deposit has been made, shall in no way relieve the Customer from complying with the Company’s requirements as to prompt payment of bills on presentation, nor, shall it constitute a waiver of the regular practices of the Company providing for the discontinuance of Service for non-payment of any sum due to the Company.
Presentation Of Bills
Bills will be presented and itemized as follows:
Rental charges: access to the Company’s network;
Other charges: network features and other Services including installation, reconnection, removals and transfers;
Subscriber Television and Internet Service charges;
Late Fees;
Any billing adjustments.
The Company shall normally bill for its Service on a 30-day period according to the established billing system.
Charges for monthly rental Service and directory inserts shall be billed in advance.
Charges for calls shall normally be billed monthly in arrears.
Special bills for accumulated calls may be presented when justified.
Payment Of Bills
All bills are due and payable upon date of presentation, that is, the date of the bill, except where special payment arrangements have been made in agreement with the Customer. Notwithstanding anything contained in any other Agreement which shall mean between the Company and the Customer, the Company may send a single composite bill for more than one Service or for all Services provided to the Customer.
Bills will be sent via electronic mail, post, or any other means approved by the Company. The Company shall not be responsible for and shall not be faulted for Customers’ non-receipt of bills delivered by any of the means approved by the Company. Billing details may be obtained directly from the Company by either contacting the Customer Care Centre, visiting our website at www.discoverflow.co or via other facilities and, accordingly, non-receipt of a bill is not an excuse for non-payment.
The Company shall not be obliged to provide any Service to a Customer who has failed to pay any bill due and owing to the Company.
The Company shall be entitled to consolidate all bills in the name of the same Customer regardless of the Service and transfer balances to or from accounts for Fixed Telephone Services or any other Services to any other account of the same Customer for Services not covered under these Terms and Conditions.
The Company reserves the right to have balances collected from Customers by a third party Agent.
The Company shall have the right to charge interest on past due amounts, commencing on the effective date of these Terms and Conditions, provided that the rate of interest shall not exceed the rate payable by the Company on Security Deposits.
In the event that the Company disconnects the Customer’s Service in error, the Company’s liability shall be limited to a rebate of rental charges for the period of disconnection and the reconnection charge.
Notwithstanding any other clause herein, if in addition to the Fixed Telephone Service, the Customer applies for and receives any Service that is:
facilitated either partly or entirely by the Fixed Line Telephone Service;
expressly approved by the Company for prepayment, the Customer may prepay all charges for such additional Service(s), by any prepayment method authorized by the Company from time to time.
The Company may from time to time and without prior notice alter, replace or reduce the number of channels provided as a part of its STV Services where such amendment is beyond the reasonable control of the Company including channels which were previously advertised as a part of the Company's channel offerings. Any such amendment shall in no way affect the subscription fees payable by the Customer to the Company for the Services. For the avoidance of doubt, the fees charged for its STV Services are not calculated on a per channel basis as some channels are provided on a complimentary basis and such fees are charged based on the package(s) of channels selected by the Customer.
In the event that the Services are discontinued due to default in payment of subscription fees, the Customer must pay the following before Services are restored: any arrears, a re-connection Service charge or a month's recurring charge for the relevant Service.
In the event that the Customer is making a payment for the Services at a location other than one of the Company’s offices or retail stores, the Customer shall allow five (5) extra Business Days which shall mean Monday through Friday from 8:30 a.m. to 5 p. m excluding public holidays for processing to ensure payment reaches the Company within the aforementioned time allowed. In relation to any bank returned items or credit card charge back the Company will be entitled to charge the Customer a fee determined by the Company plus General Consumption Tax.
The Company will only refund a credit for STV or Internet Services where applicable if contacted by the Customer within ten (10) business days of the disconnection. Refunds may take up to ten (10) business days to be processed once requested.
In the event that the Customer requires a change of Service address, the Customer understands and agrees that a minimum of thirty (30) days written notice is required for all changes of Service address.
Non-Payment Of Bills: Procedure And Disconnection
The Company may, on default of payment of any bill or part thereof by the final payment date shown on the bill or on the occurrence of a credit limit or financial cap breach, disconnect the Service or Services.
The Customer shall have no right to rebate of any charges incurred for the duration of any temporary disconnection resulting from non-payment of amount billed.
The Company shall use best efforts to restore Service within twelve (12) hours, after the Customer pays:
the bill;
a reconnection fee, and
any required Security Deposit.
Permanent Disconnection
The Company may permanently disconnect the Service and remove the installation from Customer’s premises, for non-payment hereinafter referred to as “the Debtor”.
If the Debtor reapplies for Service after a permanent disconnection, he shall pay the debt and apply for Service as stated in Part 1 Section 3 and part III Section 17.1 in these Terms and Conditions of Service.
Procedure On Contested Charges
The Customer shall notify the Company (by any means acceptable to the Company) of any contested charges, within 30 days of the date shown on the bill and he shall pay the non-contested charges on the bill by the final payment date. Failure to pay the non-contested charges may result in the Service being disconnected.
The Company shall investigate the contested charges and notify the result or progress of the investigation to the Customer within 30 days after receipt of complaints. If it is established that these are legitimate charges, the Customer shall pay the charges on presentation of the next bill.
The Company shall not disconnect the Service to the Customer for non-payment of the disputed amount before the result of the investigation has been notified to him, provided that the Customer has given the Company proper notification in accordance with clause 24.1 above.
Part IV
Duties And Responsibilities Of The Company For Providing And Maintaining Service
The Company shall use its best endeavours to provide a reliable, safe and efficient Service within the limits of its resources and in pursuance thereof shall:
Promptly investigate complaints from Customers;
Maintain a programme of periodic tests, inspection and preventative maintenance;
Use its best endeavours to prevent interruptions of Service;
In the event that any Service is interrupted for more than seventy two (72) consecutive hours through no fault of the Customer, the maximum liability to the Customer shall be a proportionate credit in respect of the monthly recurring charge for the period of Service interruption. This provision shall not apply where interruption is attributable to:
Customer’s actions;
The theft or vandalism of the Company’s property;
Damage to the Company’s property by any third party;
Hurricane, earthquake, fire or other Act of God;
The liability of the Company for damages arising out of defects in transmission, mistakes, omissions, interruptions, delays or errors occurring in the course of providing Service, and not caused by negligence of the Customer, shall in no event exceed an amount equivalent to the proportional charge to the Customer for the period of Service during which such defects in transmission, mistakes, omissions, interruptions, delays or errors occur.
The Company shall operate and maintain the Services, contingent upon:
the Company’s ability to maintain necessary licenses or permissions;
availability of network capacity and connections.
The Company is not responsible for the installation, maintenance, compatibility or performance of any third party Equipment or software not provided by the Company. In the event that either:
such Equipment or software impairs the Service, the Customer remains liable for payment; or
is likely to cause hazard or service obstruction, the Customer will eliminate such likelihood at the Company’s request.
It is acknowledged and agreed by the parties hereto that the bandwidth for each Internet Service is the maximum bandwidth which can be achieved on the circuit and cannot be guaranteed by the Company. The Company will however use all reasonable efforts to achieve the highest possible level of service at all times.
In the event that the Customer provides router(s) to interface with the Internet Service, upon request by Customer confirmed in writing, the Company may assist Customer in configuring the router(s) in order to implement and operate the Service. If such router(s) are not recommended by the Company nor certified by the Company as compatible for use with the Internet Services, the Company may refuse such assistance and will not be responsible for the performance of the Internet Service.
The Company has no obligation to monitor the Services however, the Company may monitor the Services and disclose information gained from such monitoring in order to:
satisfy any law, regulation or other governmental request;
operate the Service and administer the Company networks;
protect itself or its subscribers.
Duties And Responsibilities Of The Customer
The duties and responsibilities of the Customer shall include but not be limited to the following:
To use the Services, lines, set- top boxes, modems, remote controls and facilities provided with due care and protection;
To provide all Equipment, instruments and wiring beyond the Master Jack in addition to such electrical outlets and protective Equipment necessary for the installation, operation and maintenance of the Services provided;
To bear full responsibility for the repair, care and protection of all Equipment, wiring and other apparatus located beyond the Master Jack;
To use or connect only compliant instruments or apparatus;
To accept legal liability for rental and charges due, regardless of the persons using the Service provided;
To report Service interruptions to the Company’s Customer Care Centre promptly;
To permit persons engaged in the business of the Company who produce, if required, some duly authenticated document showing their identity, to enter at all reasonable times upon the Customer’s premises for the purpose of constructing, inspecting, maintaining, altering or removing the installation.
The Customer shall not assign, dispose of or part with the Services except with the written consent of the Company.
The Customer agrees not to use or attempt to use the Internet Services, the Company network or website, or a Device for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
Violating any applicable law or regulation;
Posting or transmitting content Customer does not have the right to post or transmit;
Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in the Company’s sole discretion;
Attempting to intercept, collect or store data about third parties without their knowledge or consent;
Deleting, tampering with or revising any material posted by any other person or entity;
Accessing, tampering with or using non-public areas of the Service, the Company’s computer systems and network or any Company website;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
Attempting to access or search the Service, the Company network or any Company website with any engine, software, tool, agent, Device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browser;
Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or Services, "spam", "chain mail" or "junk mail";
Using or attempting to use the Service, the Company network or any Company website to send altered, deceptive or false source-identifying information;
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service, the Company network or any Company website;
Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service, the Company network or any Company website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service, the Company network or any Company website;
Impersonating or misrepresenting Customers affiliation with any person or entity;
Using the Service to make fraudulent offers to sell or buy products, items, or Services or to advance any type of financial scam;
Excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server or any other server, and non-traditional end user activities.
The Customer shall not use the Services for the purpose of bypass (as defined in the Act, nor for any other purpose prohibited by the said Acts.
If the Company suspects violations of any of the above, we may:
Institute legal action;
Immediately, without prior notice to you terminate the Agreement and the Service;
Terminate any other Company Agreements between us and you and the Company’s Service provided under those Agreements;
Cooperate with law enforcement authorities in bringing legal proceedings against violators. Customer agrees to reasonably cooperate with us in investigating suspected violations.
The Company reserves the right to install, implement, manage and/or operate one or more software, monitor or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms and Conditions including but not limited to any of the activities described in this section. The Company may, but is not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms and Conditions, including but not limited to those activities described in this section and any other activities that may subject the Company or its Customers to harm or liability. The Company disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into Customer’s Device.
In the event that Customer purchases an internet voice service (“VOIP Service”) which also requires the utilization of this Service, then these Terms and Conditions with respect to such VOIP service shall apply.
The Customer shall give the Company and its agents reasonable access to its premises at all reasonable times for purposes related to the provision of the Service.
Although the Company may configure the Internet Service so as to provide some security features, Customer shall be solely responsible for providing any security or privacy desired for its computer network and any data stored on that network or accessed through the Internet Service. The Customer acknowledges and assumes all liabilities relating to, and risks associated with, unauthorized access by a third party via the Internet Service to such computer network and data.
The Company may communicate security issues to the Customer from time to time when misuse is observed or reported by others.
Customers who subscribe to the Services agree to comply with the Company's Acceptable Use Policy, which is posted on the Company's website at www.discoverflow.co.
Telephone Number Changes
Customers shall have no proprietary rights in telephone numbers or other numbers or designations assigned to them by the Company. The Company may make reasonable changes to such numbers or designations and to Central Office assignments provided that it shall give reasonable notice of such changes to Customers.
Telephone Directory
The Company may publish a telephone directory which shall exclude numbers which, at the Customers’ request are unlisted.
The Company shall not be liable for errors or omissions in the free listing of the Directory. In the case of paid listings, The Company shall only be liable for a sum not exceeding the amount paid for such listing.
Every Customer may be provided with one telephone directory for each Fixed Telephone Service, free of charge.
Part V
Save Harmless Cause
The Customer indemnifies and saves the Company harmless against the following:
Acts or omission of other companies when their facilities are used in connection with the Company’s facilities to provide Service;
Any defacement or damage to the Customer’s premises resulting from the existence of the Company’s instruments, apparatus and associated wire on such premises, or from the installation or removal thereof, when such defacement or damage is not the result of the negligence of the Company or its employees;
Any accident, injury or death occasioned by its Equipment or facilities, when such is not due to negligence of the Company;
Claims for libel, slander or infringement of copyright arising from the material transmitted or recorded over its facilities;
Claims for infringement of patent arising from combining with or using in connection with, facilities of the Company any apparatus and systems of the Customer;
Claims arising from the collection of balances from Customers by third party agents;
All other claims arising out of any act or omission of the Customer in connection with facilities provided by the Company;
any liabilities, actions, losses, costs, or claims incurred by the Customer as a result of any use or misuse of the Service (whether by the Customer or any other party);
any claims arising out of the use of any third party Equipment or software with the Service based on the alleged infringement or misappropriation of any intellectual or other property rights of any third party.
In no event shall any delay, failure or omission on the part of the Company in enforcing, exercising or pursuing any right, power, privilege, claim or remedy, which is conferred by these Terms and Conditions, or arises under this Terms and Conditions, or arises from any breach by the Customer under these Terms and Conditions of any of its obligations, be deemed to be or construed as:
a waiver thereof or of any other such right, power, privilege, claim or remedy; or
operate so as to bar the enforcement or exercise thereof, or any other such right, power, privilege, claim or remedy, in any other instance at any time or times thereafter.
Warranties and Liabilities
Notwithstanding anything in these terms and conditions to the contrary, the Company, Customer, and their respective affiliates, shall not be liable for any indirect, consequential, special, or punitive damages, or for any lost profits of any kind or nature provided that this limitation shall not apply with respect to the gross negligence, intentional misconduct or fraud of the party.
The Customer assumes total responsibility for use of the services, software and Customer premises equipment (cpe) and accesses the same at its own risk. The Company exercises no control over and has no responsibility whatsoever for the content accessible or actions taken through or by using the services, including content on the internet, and the Company expressly disclaims any responsibility for such content or actions. The Company makes no warranty, express or implied, with respect to the services, software and/or cpe provided by the company and/or its affiliates and underlying service providers expressly disclaims any protections of service including but not limited to the following: error-free availability; security, protection against unauthorized fraudulent access by third-parties to Customer’s systems, and further expressly disclaims any warranty of merchantability, description or fitness for any particular purpose. No advice or information given by the Company, its affiliates or employees or its contractors shall create any warranty.
The Services are provided on an "as is" and "as available" basis without warranties of any kind, expressed or implied, including but not limited to warranties of title, non-infringement and implied warranties of merchantability or fitness for a particular purpose.
The Company shall not be liable for, and is excused from, any failure or delay due to acts of God, acts of civil or military authority, riots, civil unrest, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, floods, unusually severe weather, epidemics, strikes or industrial action or any other cause beyond its reasonable control.
The Company and the Customer expressly agree that these Terms and Conditions do not give rise to any third party being a third party beneficiary or being entitled to any rights whatsoever.
In the event an action is brought by the Company against the Customer to enforce these Terms and Conditions in addition to any other remedy available to the Company, Customer shall reimburse the Company for reasonable attorneys’ fees and expenses of any such action.
Neither party may use the other's name in trademark, tradenames or other proprietary identifying symbols without the prior written approval of the other party.
The Customer may not resell the Service or otherwise assign or transfer these Terms and Conditions or any rights or obligations without the prior written consent of the Company.
In the event that one or more of the provisions herein is for any reason held to be illegal or unenforceable, these Terms and Conditions may be revised only to the extent necessary to make such provision(s) legal and enforceable; provided, however, that these Terms and Conditions as revised is consistent with the parties' original intent.
Neither party's failure to insist upon strict performance of the Terms and Conditions or to exercise any rights or remedies hereunder shall waive any of its rights to require strict performance of such terms, to assert any of the same rights, or to rely on any such terms any time thereafter.
The Company may assign, transfer, novate or subcontract (as the case may be) all or part of the Company’s benefits, responsibilities and obligations under these Terms and Conditions to any of its Affiliates. Affiliate means:
any corporation or other entity of which the Company owns or controls, directly or indirectly, 50% or more of the voting shares; or
any corporation or other entity which owns or controls, directly or indirectly, 50% or more of the voting shares of the Company; or
any other corporation or other entity of which an Affiliate of the Company (as defined above) owns or controls, directly or indirectly, 50% or more of the voting shares.
The Company and the Customer are independent contracting parties, and these Terms and Conditions will not constitute the parties as principal and agent, partners, joint venturers, or employer and employee.
No Customer purchase orders or similar documents will vary or add to these Terms and Conditions.
In the Construction of these Terms and Conditions where the context so admits:
words importing one gender shall include all other genders;
words importing the singular shall include the plural and vice versa.
These Terms and Conditions are governed by and subject to the laws and the jurisdiction of the Courts of Jamaica.
The Customer represents and warrants that The Customer has read and understood the Terms and Conditions of herein and agrees to all the Terms and Conditions set out herein.
