GENERAL TERMS AND CONDITIONS OF SERVICE
- The Customer named in this Official Receipt (the "Customer") understands that the Customer is responsible for all users of Columbus Communications Trinidad Limited (CCTL) services (the "Service") and equipment, accessories, remotes (hereinafter collectively referred to the "Equipment") at his/her premises (the "Premises"), identified in this receipt, and is liable to CCTL for any damage or loss to its Network, Service or Equipment resulting from any acts and/or omissions of such users. Customer acknowledges and agrees that the Customer is solely responsible and liable to CCTL for any and all breaches of these Terms and Conditions of Service (the "Agreement") whether such breach is the result of use of the Service and/or Equipment by Customer or by any other user. Customer agrees to indemnify and hold harmless CCTL against all and any claims and expenses (including reasonable attorney fees) arising out of the unauthorised use of the Service and/or Equipment by any other user or person at the Premises or elsewhere.
- Customer agrees not to authorise, consent to or cause (directly or indirectly) the distribution and transmission of the Service at any place other than the Premises and understands that to do so may result in the immediate termination of the Service.
- Customer acknowledges that the Premises to which the service shall be connected, are Premises that he is authorised to make such connection of the service.
- OWNERSHIP OF THE EQUIPMENT. Customer acknowledges that all the Equipment and accessories for use and operation of Equipment provided by CCTL shall remain at all times the property of CCTL or its designee and the Customer warrants and undertakes not to sell, transfer, lease, encumber, assign or otherwise dispose of all or any part of the Equipment to any third party or otherwise. Customer shall be liable to CCTL for the replacement costs of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or any part thereof, together with any incidental costs reasonably incurred by CCTL in the replacement or recovery thereof.
- CARE OF EQUIPMENT AND REPLACEMENT FEES.
- Customer shall at all times use the Equipment with due care and in a proper manner. Upon the termination of this agreement for whatever cause Customer shall return any/ all decoders, converters, STBs (whether used for service or otherwise) or other unattached terminal equipment to CCTL in the same state and condition as when received from CCTL, reasonable wear and tear expected. Without prejudice to any other rights CCTL may have in law, CCTL retains the right to charge Customer for the cost of repairing and/or replacing any Equipment damaged while in possession of Customer.
- Decoders, Converters and other Terminal Equipment are for use exclusively at the Premises by the Customer or anyone authorised thereby to receive Service and any other video, audio or other programming services offered by CCTL.
- Customer shall be responsible for the care and maintenance of the Equipment whilst in his/her possession and liable for any damage resulting from negligent handling, misuse or abuse of the Equipment (except for normal wear and tear). Customer shall not try, facilitate or permit any other person to reverse-engineer, open, alter, repair, decompress, disassemble, modify or tamper with the Equipment.
Customer understands that failure to observe the requirements in paragraphs 2. b (i), (ii) or (iii) above will be grounds for termination of Service without notice by CCTL. CCTL reserves the right to pursue any legal recourse to recover any damages incurred.
- Stolen Equipment. If any of the Equipment is stolen or otherwise removed from Customer’s premises, the Customer would be liable for payment of any unauthorised use of equipment unless the Customer do the following: -
- notify CCTL service center by telephone or in writing immediately, but in any event not later than three (3) business days after such removal; and
- makes a report to the nearest Police Station within 24 hours of discovery of that the Equipment was stolen and obtains from the relevant Police Station written evidence that a police report was made.
- INSTALLATION AND ACCESS TO THE EQUIPMENT. Customer authorizes CCTL and its duly authorised agents, servants and workmen at all reasonable times upon due notice being given to enter the Premises and install, substitute maintain, inspect, repair or remove all or any Equipment.
- TAMPERING OF EQUIPMENT. CCTL or its authorized agents shall have the sole and exclusive rights to make all repairs and modifications to the Equipment and provide the Service to the Premises. Customers, whether by themselves or through facilitating, permitting or assisting any third person, shall not disturb, tamper with, re-route or in any way interfere with any Equipment or any component, installation and/or equipment necessary for the provision of the Service, nor attach any unauthorised device to any Equipment or to the Network. All connections to and from the Network to the Premises must be made by or with the prior written consent of CCTL or its duly authorised agents. Customer shall not authorise, agree to and/ or permit any unauthorised connection being made from the Premises and any Equipment or transmit and / or distribute the Service or any signals or benefits therefrom via any unauthorised device or unauthorised connection to any location whether on or off the Premises. Customer understands that a breach of this provision entitles CCTL to terminate this agreement and disconnect the Service without notice to the Customer. CCTL shall at all times have the right to disconnect any unauthorised device or connection to the Equipment or Network without notice to the Customer.
- RELOCATION OF EQUIPMENT. Customer shall not relocate the Equipment to any location other than the Premises without first obtaining the approval of CCTL. CCTL may grant its approval subject to such terms and conditions as it thinks reasonably necessary provided that the Customer is not in arrears of any Fees. Customer shall be liable for all or any additional charges incurred in any relocation of the Equipment and Service. In all cases, Customer shall notify CCTL as provided in clause.
- RETURN OF EQUIPMENT. In the event of disconnection of the Service by CCTL for whatever cause, Customer shall return all Decoder(s), Converter(s) or unattached Terminal Equipment to CCTL in good condition (fair wear and tear expected) within twenty-one (21) days from the date of such disconnection, failing which, Customer understands that the Decoder(s), Converter(s) or unattached Terminal Equipment shall be deemed by CCTL to be lost, damaged beyond repair and/or destroyed and Customer shall be liable to CCTL for all costs incurred by CCTL in the replacement thereof. This amount will be billed to the customer’s final invoice on disconnection of the Service. If the Customer returns the equipment within twenty-one (21) days from the date of disconnection the amount will be removed from the final invoice.
- THE CUSTOMER'S EQUIPMENT. CCTL shall not be liable whatsoever for any damage, loss or destruction to Customer's Property, except in cases of negligence or willful misconduct by CCTL, in which case CCTL shall only be liable for the costs of the actual damages. Customer hereby waives all other rights to any other relief or remedy available to him/her for such losses.
- SECURITY DEPOSIT FOR DECODERS, STBs, CONVERTERS, AND UNATTACHED TERMINAL EQUIPMENT. CCTL may require, at its discretion, a refundable security deposit from Customer in an amount deemed adequate by CCTL for Equipment that is misplaced, destroyed, damaged or that has to be replaced for any other reason. Upon disconnection of the Service and return of the decoder in good condition (fair wear and tear expected), CCTL shall refund the security deposit to Customer, provided that there is no outstanding balance on Customer's account. In the event of an outstanding balance the security deposit shall be applied to the liquidation of such outstanding balance on the Customer’s account with any excess being refunded to Customer. Any refund will be in the form of a cheque.
- PROGRAMMING CHANGES:
- The Customer agrees that specific programs on the video line up are subject to change and CCTL reserves the right to replace entire programs at its sole discretion. The Customer is advised that there are many changing considerations affecting the availability, timing, language, cost and quality of programming. CCTL thus reserves the unrestricted right to change, rearrange, add or delete programming channels. Customer agrees that CCTL has no obligation to replace or supplement the programming previously offered that have been deleted or rearranged.
- PRIVATE VIEWING. The programming supplied with Customer’s video package is for Customer’s private home viewing, non-commercial use and enjoyment. Any programming supplied with Customer’s video package shall not be used used or viewed in areas open to the public, commercial establishments or other residential locations. Programming may not be rebroadcast or performed, and admission may not be charged for listening to, using or viewing any programming supplied with Customer’s video package. If any programming supplied with Customer’s video package is used or viewed in an area open to the public, a commercial establishment or another residential location, CCTL may disconnect and or charge the difference between the price actually paid and the commercial rate for like programming supplied with Customer’s video package to Commercial Customers.
- CCTL does not guarantee the timeliness, access to, or recording quality, of any particular Content.
- The Content is copyright material of third parties who supply it, and protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, and to this end, CCTL may be required to restrict the Customer’s ability to record any Content.
- MINIMUM PROGRAMMING LEVELS. Subject to any limitations in law, regulations or other lawful directive from a competent authority, CCTL reserves the right to require and/or change minimum programming requirements at any time. For example, and without limitation, CCTL may require a minimum commitment term and CCTL may require Customer to subscribe to certain programming packages in order to receive additional Services.
- PROGRAMMING RESTRICTIONS. The Customer accepts that certain programming or broadcasts, including without limitation some subscription services, sporting events, live events or shows and broadcast network services, programmes or broadcast may be blacked out where a request for a person with certain Broadcast rights has been made.
- CONTENT RESTRICTIONS. SUBJECT TO ANY LIMITATIONS IN LAW, REGULATIONS OR OTHER LAWFUL DIRECTIVE FROM A COMPETENT AUTHORITY, THE CUSTOMER SHALL CORPORATE WITH CCTL TO LIMIT ANY PROGRAMMING, OR OTHER CONTENT THAT MAY BE UNSUITABLE FOR VIEWING BY CUSTOMER’S FAMILY, HOUSEHOLD AND GUESTS. CCTL SHALL NOT BE LIABLE TO ANYONE DUE TO, OR BASED UPON, ANY SUCH PROGRAMMING OR CONTENT INCLUDING WITHOUT LIMITATION, ANY INACCURACIES, ERRORS IN, OR OMISSIONS FROM SUCH PROGRAMING, OR OTHER CONTENT.
Customer agrees to use the service(s) for specific agreed purposes and is not entitled to resell, trade, barter with, bypass CCTL or other networks or redistribute services without the permission of CCTL. CCTL reserves the right to discontinue the provision of service to any customer who uses the service for any other reason other than personal use or as intended by Service Agreement. In instances where a customer is found to be misusing the service of CCTL Customer will be liable and fully responsible towards CCTL and will hold CCTL harmless from any claims of third parties for costs and damages due to abuse.
- MONTHLY SERVICE FEES & CALL CHARGES.
- Customer shall pay monthly fees as may be determined by CCTL and set forth in the CCTL Price List, a copy of which will be furnished to each new customer, displayed at our customer service offices and on the official company website.
- . Prior to installation of the equipment or commencement of the service a customer will be required to make an advanced payment that will be applied against the first month billing.
- All Subscription Fees shall be invoiced in advance on the 1st working day of the month.
- Customer will be invoice monthly. Invoices will be delivered by post and 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 to the post office. Invoice information may be obtained directly from CCTL either via online facilities or by contacting the Customer Care Centre. Accordingly, non-receipt of a bill is not an excuse for non-payment. Copy invoice will be made available upon request at any CCTL payment centre. Fees for copy invoices will be at the prevailing rate.
- CCTL shall be entitled to enforce a minimum subscription period for services of 30 days. Where Customer terminates a subscription service after less than 30 days of use, the applicable charge will be for 30 days.
- Invoices are due and payable within 30 days from the date of the invoice, after which they may be deemed overdue and subject to late payment charge of 2.5% per month of the balance outstanding.
- INSTALLATION CHARGES.
Customer shall pay all charges, including VAT, incurred in the installation of the Equipment and Service at the Premises at the time of installation or in accordance with `CCTL" current billing policies.
- Customer shall pay all installation charges and one (1) month's fee in advance of the connection of the Service.
- A non-refundable administrative service charge shall be payable by the Customers that cancel the Service prior to the installation thereof
- RETURNED CHEQUES. All dishonored cheques or cheques endorsed "Refer to the Drawer" are subject to the banks' returned cheque service charge and an administrative service charge and Customer shall be required to settle all outstanding balances on their CCTL account by cash, certified cheque, postal order or money order.
- PRICE CHANGES. CCTL reserves the right to change prices including the monthly fees and installation charges at any time subject to providing customers with the required 30 days notice as per Concession.
- BILLING ERRORS. Subject to applicable law, Customer may notify CCTL of any billing errors, adjustment or other requests for credit within six (6) months from the month in which the discrepancy, error or loss Service occurred.
- DISCONNECTION FOR NON-PAYMENT. Customer's failure to settle an account within 30 days from the date of the invoice may result in disconnection of the Service to the Customer without any further notice.
- RECONNECTION. No reconnection of the Service by CCTL, in whole or in part, shall be made until the Customer pays outstanding amounts, fees, charges and costs unless waived in whole or in part by CCTL. In the event Customer is disconnected twice within one year, CCTL may, at its sole option, require Customer to pay an additional security deposit prior to reconnection of Service.
- Commercial power failures;
- Cessation of transmission by radio or television broadcasting stations or television satellite programs; Statutory regulations, which may restrict, alter or otherwise eliminate certain kinds of programming;
- The failure or cessation, in whole or part, of signal delivery systems and/or other services provided by common carriers or utilities to " CCTL";
- Battery replacement in remote controls;
- Work stoppage due to labour dispute, strikes or civil unrest;
- Acts of God, including floods, storms, hurricanes, wind, lightning accidents, earthquakes and adverse atmospheric conditions;
- Sabotage, theft or intentional or malicious damage to the CCTL Network or Equipment;
- Negligent acts of the Customer or anyone authorised thereby to use the Service; or
- Any other interruption in the Service not caused by an intentional or negligent act of CCTL or which is beyond the control of CCTL.
The Customer accepts it is sometimes necessary for the technicians or other personnel who are sent to the Customer’s location for the installation of Equipment for the services to make physical attachments to the Customer’s property. The Customer further accepts that such physical attachments may necessitate amongst other things the drilling of holes or insertion of nails into walls or other physical structures to secure the cables and equipment. The Customer shall therefore ensure that it secures any necessary permission or consent from any necessary person (for example the owners of the property or such other persons that the Customer may need to get permission prior to making any physical attachments or drilling of holes to any structure on the property) prior to any installation of Equipment. The Customer shall also ascertain and advise the technician or other personnel who comes on the property to install the Equipment where it is safe to make the physical attachments and to drill holes or insertion of nails onto the walls or other physical structures and where it would not cause any damage to any other equipment, wires, or installations (whether the same is within the wall or physical structure or otherwise hidden). The Customer agrees that where the Customer directs that it is safe, or where the technician or other personnel can make the physical attachment or drill holes or insert nails, or where to lay the cables it shall not hold or make liable for any damage to such equipment, wires, or installations CCTL or the technician or other personnel who are sent to the Customer’s location for the installation of Equipment for the services.
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