- These terms and conditions (“Terms”) govern the use of the APUA Telecom website or any part of it (“the Site”). APUA Telecoms may modify the Terms from time to time and you are advised to keep up to date with any changes by regularly reviewing the Terms. By using the Site you agree to be bound by the Terms.
- Any reference to product(s) includes service(s).
- USE OF THE SITE
- The Site may contain links to other APUA sites or to third party sites, which may be subject to separate terms and conditions.
- Any links to third party websites from the Site do not amount to any endorsement of that site by APUA Telecom and any use of that site by you is at your own risk.
- Some pages are only available if you register first but you do not have to register to access most of the pages on the Site. If you do register, we may ask you to provide personal details such as name, address, e-mail address, telephone number and, where appropriate, APUA Telecom account number.
- You are responsible for the proper use and security of any passwords. APUA takes reasonable steps to ensure that its websites are protected against unauthorised or unlawful access. However APUA does not guarantee that its security cannot be breached against unauthorised or unlawful access. APUA strongly recommends that users implement their internet mitigation risks such as firewall, antivirus, malware and anti-phishing software on the devices used to access the site
- APUA Telecom may delete a registration (and any associated information or data) without notice if it has not been used for more than 12 months.
- Our site may be subject to infrequent faults. In the event of a fault, APUA Telecom will attempt to restore the Site as soon as is reasonably practicable.
- Access to the Site may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products.
- APUA Telecom reserves the right at any time and without notice to modify, edit, delete, suspend, discontinue, temporarily or permanently, any content, including any products available through the Site, or the Site or any part of it.
- Third Party Products – Where APUA Telecomallows third party sellers to sell their products on the Site and you buy from a third party seller, the contract is between you and the seller. APUA Telecom is not a party to this contract and is not the seller’s agent. You agree that the seller is responsible for the sale of the products and for dealing with all issues (including claims) in connection with the sale and on-going support.
- APUA Telecom Products – Products provided by APUA Telecom (where the contract is between you and APUA Telecom,) are subject to separate terms and conditions.
- APUA TELECOM CONTENT AND COPYRIGHT
- Content provided by APUA Telecom including information, data, material, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files, and their selection and presentation, is owned by APUA Telecom or licensed to APUA Telecom by third parties. It is protected by copyright, trademark and other intellectual property rights as applicable and provided solely for your own use. Republication or redistribution of the content, including by framing or similar means, is prohibited.
- Inaccuracies – If APUA Telecom is informed of any inaccuracies in the content, APUA Telecom will use reasonable endeavours to correct the inaccuracies as soon as reasonably practicable.
- YOUR CONTENT
- You are responsible for all content including comments, files, material, suggestions and ideas, you upload or post on the Site or communicate to other users through the Site. If you did not create the content, it is your responsibility to ensure that you have all necessary consents from the owner.
- You agree to give APUA Telecom (as provider of the Site), a non-exclusive, transferable, royalty-free, worldwide licence to use or publish any content that you upload, post or otherwise make available on the Site. This includes free use by APUA Telecom to make improvements to the Site or any product.
- CUSTOMER OBLIGATIONS
- You must not permit or make any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with the Site.
- You must not use the Site:
- to gain unauthorized access to other computing systems;
- in any way that may damage, disable, overload or affect the operation of the Site;
- to solicit participation in public discussion, debate, comment or activity outside the Site;
- to provide false or misleading information about yourself or your business, or create a false identity;
- in contravention of any license, code of practice, instructions or guidelines issued by a regulatory authority, third party’s rights, or any APUA Telecom guidance or policies;
- fraudulently or in connection with a criminal offence or in any way that is unlawful or in breach of any legislation and you must make sure that this does not happen; or
- to send, communicate, knowingly receive, upload or download any material or content that is offensive, abusive, indecent, defamatory, libelous, obscene, menacing, or that causes annoyance, inconvenience, needless anxiety or that is intended to deceive.
- SUSPENSION AND TERMINATION If APUA Telecom, at its sole discretion, believes that you have: (a) misused the Site (or any part of it) in any way; or (b) breached any of the Terms, or any contract with APUA Telecom, APUA Telecom may, without notice, terminate your registration, or suspend or terminate your access to the Site. APUA Telecom will be under no obligation whatsoever to reinstate your registration.
- INDEMNITY You will keep harmless, defend and indemnify APUA Telecom against any claims, losses, costs and liabilities arising from any claims by any third party, in connection with the use or misuse of the Site in breach of the Terms.
- NO WARRANTIES Unless otherwise expressly specified in these Terms or separate terms and conditions, the material on the Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, APUA Telecom provides you with the Site on the basis that APUA Telecom excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, merchantability and fitness for purpose) which, but for this legal notice, might have effect in relation to the Site.
- APUA TELECOM’SLIABILITY
- APUA Telecom is not liable whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for:
- any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with the Contract or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or corruption or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
- any indirect or consequential loss or damage whatsoever, resulting from your use of or inability to use the Site, or from your relying on the accuracy or completeness of the Site content.
- Nothing in these Terms:
- applies to APUA Telecom’s liability in respect of products sold under APUA Telecom’s standard terms and conditions; or
- excludes or restricts in any way APUA Telecom’s liability for death or personal injury caused by its negligence or to any extent not permitted by law.
- APUA Telecom is not liable whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for:
- ADVERTISING AND SPONSORSHIP Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes of practice. APUA Telecom is not responsible for any error or inaccuracy in advertising and sponsorship material.
- TRANSFER OF RIGHTS AND OBLIGATIONS You may not transfer any of your rights or obligations under the Terms to another party.
- WAIVER If APUA Telecom delays in acting upon a breach of these Terms that delay will not be regarded as a waiver of that breach. If APUA Telecom waives a breach of the Terms that waiver will be limited to that particular breach.
- MATTERS BEYOND OUR REASONABLE CONTROL APUA Telecom will not be liable for any breach of the Terms caused by any eventor circumstance beyond APUA Telecom’s reasonable control (including Acts of God, fires, flood, landslide, earthquake, natural disaster, war, national emergency, terrorist acts, epidemics, riots, civil disturbance or governmental action).
- Subject to clause 17.2, you and APUA Telecom will keep in confidence any information of a confidential nature obtained as a result of the use of the Site and will not disclose that information to any person other than their employees or professional advisers (or, in the case of APUA Telecom the employees of widerAPUA or their suppliers).
- Clause 17.1 will not apply to:
- any information which has been published other than through a breach of the Terms;
- information lawfully in the possession of the recipient before the disclosure took place;
- information which a party is requested to disclose which, if it did not it would be required by law to do so.
- VIRUS PROTECTION
- You must take all reasonable steps to ensure that any software you use with or in connection with the Site is not infected by viruses.
- APUA Telecom will take all reasonable steps to ensure that any software used in connection with the Site is not infected by viruses.
- SEVERABILITY If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect.
- APPLICABLE LAW These Terms are governed by the law of Antigua and Barbuda. Any disputes arising out of the use of this Site are to be submitted to the exclusive jurisdiction of the Courts of Antigua and Barbuda.
APUA TELECOM ACCEPTABLE USE POLICY FOR MOBILE DATA
- You may not access or use our service to violate the law or aid another in any unlawful act. You are responsible for any transmission you send, receive, post, access, or store via our network. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
- Restricting or inhibiting any other customer from using the service;
- Posting, publishing, reproducing, distributing or transmitting any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;
- posting or transmitting any information or software that contains a Trojan Worm, virus or other harmful component;
- posting, publishing, transmitting, reproducing, distributing or in any way exploiting any information, software or other material obtained through the service for commercial purposes;
- uploading, posting, publishing, transmitting, reproducing, or distributing in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
- uploading, posting, publishing, transmitting, reproducing or distributing in any way any component of the service or derivative works, as are copyrighted as a collective work under Antiguan or International copyright laws;
- removing or altering copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
- avoiding, bypassing, removing, deactivating or circumventing by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
- sending unsolicited e-mail or any e-mail that causes complaints from the recipients of the unsolicited e-mail;
- sending large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as “spamming” or “mail-bombing’);
- making any unauthorized attempt to gain access to any account or computer resource not belonging to that customer (also known as ‘spoofing’, ‘phishing’ or ‘vishing’);
- obtaining or attempting to obtain service by any means or device with intent to avoid payment;
- making any unauthorized access, alteration, destruction, or any attempt, of any information of any imobile customers or end-customers by any means or device;
- knowingly engaging in any activities that will cause a Denial of service (DoS) (e.g. Synchronized number sequence attacks) to any APUA Telecoms mobile customers or end-Customers, or any other person;
- using APUA Telecoms products and service to interfere with the use of mobile network by other customers or authorized customers or any other person;
- running programs or servers that provide network services to others through the service (“web hosting”), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections, unless that right has been incorporated into this agreement;
- using the service in such a way as to impair or degrade the operation or performance of the mobile network, including but not limited to abusive or excessive use; or
- reselling or providing access to the service or to any other mobile service to any third party not located on the same premises, without the prior express written consent of APUA Telecoms. Breach of this provision may result in immediate suspension of the service until the problem is corrected;
- The internet contains unedited materials that customers may find offensive or objectionable. Customers access such materials at their own risk, APUA Telecoms has no control over and accepts no responsibility for these materials. Customers may wish to utilize software designed to limit access to certain material on the internet.
- As excessive use by individual customers may adversely impact the performance of other customers on the network, APUA Telecom reserves the right to manage the traffic on its network so as to ensure the best use of the resources involved in providing this service.
The service provided is for personal and not commercial use. Commercial use shall include any form of web hosting, hosting of a download server of any nature or hosting of an email server, whether provided for financial gain or not.
The customer shall be entitled to use the service to download material from the internet onto their handset / computer / or any internet ready device and shall be entitled to all reasonable access for this purpose. However the customer acknowledges that the service is a shared service and that all customers are entitled to a reasonable quality of service, and agrees that their usage will be reasonable and undertakes not to do anything that may prevent other customers from having reasonable access to their service.
Reasonable access may be determined by using criteria such as, but not limited to, the daily duration for which the customer downloads material for a continuous period of time, the amount of data downloaded where the average use by the customer exceeds the normal average use for all customers by more than a factor of 5, the length of time that the customer downloads continuously over any period of time, and such other reasonable criteria as APUA Telecoms may develop.
APUA Telecoms may take such measures as it deems necessary, including termination of service, restricting capacity during periods when other customers may experience unsatisfactory service due to the actions of the customer or bundling the connection of the customer with other similar profiled customers so that they will not interfere with other customer.
- Customers agree that APUA Telecom may monitor the service electronically from time to time, and consent to APUA Telecom’s access, use and disclosure of any information as necessary to satisfy any law, court order, summons, statute, regulation or other governmental request, to operate the service properly, to improve the service, or to protect itself or its customers. APUA Telecoms reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this acceptable use policy.
- Any network address assignments issued by APUA Telecom (i.e., Class C address Internet Protocol numbers) are the property of APUA Telecom and are considered to be loaned to its customers. In the event the service is discontinued for any reason, such IP addresses will revert to APUA Telecoms immediately.
- If APUA Telecoms determines in its sole discretion that your conduct violates the terms of this acceptable use policy, APUA Telecoms may, without incurring liability to any customer, suspend, restrict, terminate, or take any other appropriate action with regard to your service without any obligation to refund fees paid and imobile reserves the right to take such actions without notice to you.
These terms and conditions shall govern the relationship between APUA Telecoms (hereinafter referred to as “we”, “us” “our” or “the company”) and the user (hereinafter referred to as “you”, “your” “the customer”) of telephone services (hereinafter referred to as “service(s)”, “telephone service(s)”). By using the services after activation of your sim card, you have agreed to these terms and conditions which shall thereafter constitute legal and binding obligations on the parties. Your registration form shall form part of these terms and conditions. These terms and conditions annul all prior understandings between you and us. We reserve the right to amend or unilaterally change any of the services and or the terms and conditions of this agreement subject to notifying you of such amendments by way of advertisement in the print / electronic media, our website and/or text message to your device. If the service is used after notice of amendment, then it shall be deemed accepted. This agreement is governed by the laws of Antigua and Barbuda.
2 Information Disclosure
We reserve the right to refuse any request for account information where we are unable to verify that the requester is in fact the account holder, authorized user of the account. The company may however, disclose any information about you and your accounts
- if the company, in its discretion, deems such disclosure necessary;
- pursuant to legal process or subpoena
- pursuant to a request from a duly registered Credit Bureau
- if disclosure is necessary to protect the company’s interests.
By using the Service you consent to and authorize any such disclosure. The company shall not become liable by reason of the giving of such information or of it being inaccurate or incomplete.
3 Provision of Service
Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of the services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects in the network. APUA Telecoms shall not be liable for any alleged losses suffered as a result of your inability to make or receive calls or for call interruptions or failure.
4 Service Charges
The company’s charges for the services, as amended from time to time, also form part of this Agreement. We reserve the right to alter such charges and will notify the Customer of such change by notice in writing, via print / digital media, text message and/or via our website. Service charges shall be subject to ABST and any other applicable taxes and fees as imposed by the government from time to time.
5 Mobile Phone Numbers
You do not have any proprietary rights, legal interests or goodwill whatsoever to any number allocated to you. We reserve the right at any time to alter or replace a number allocated to you or any other name, code or number whatsoever associated with the service.
6 Telephone Directory & Caller ID
Our Network may allow the display of your telephone number in our telephone directory and on receiving handsets, unless you have made a request to prohibit such disclosure.
7 Accessing the Service
You will need a SIM card and a handset that is compatible with our network in order to access the Service.
8 SIM Card
The SIM card provided by us can only be used on our network. You must not interfere with the SIM card for any reason. SIM cards which are lost, stolen or damaged (through no fault of ours) will require payment for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design will be replaced free of charge once returned within the warranty period specified.
Customers may purchase handsets through any of our retail locations. At times these handsets may be network locked and customers are not permitted to remove, or have a third party remove the lock, without explicit authorization from APUA Telecoms. APUA Telecoms e will only provide unlock codes to customers who have remained active on the network for over a year or upon payment of the difference in the purchase price for the phone and the actual unsubsidized or undiscounted retail price. Handsets purchased may only be returned in accordance with APUA Telecoms warranty and repair guidelines.
10 Prepaid Accounts Top Up Terms
10.1 Using your Account
You will need to top-up your account with credit in order to use it. As you make calls or send messages from your pre-paid account, charges are incurred and will be deducted from your account. If you make a call and your credit expires during the call, the call will be terminated. Your account balance is available by dialing the customer help line created for that purpose or by dialing the Fast Balance code from your phone. There will be no refund for your recharge card. If you have a problem with your recharge card, please call the customer care Centre at 611.
10.2 Top-up Your Account
You may add credit to your account at any time by using any available pre-paid top-up methods. Each top-up voucher has an expiry date which indicates the time in which you have to use the credit added. Each time you top up your account, the new expiry date on your account will be the higher of the vouchers loaded on your account. Your account will go through the prepaid subscriber life cycle that consists of 4 different states:
State 1: Active – Your account becomes active once you have made your first top up, you must thereafter recharge/top up your account to keep it active. Your account will remain active for 90 days after each top up.
State 2: Suspend – Your account moves into this state when your credit has expired. In this state, you can receive calls and SMS (text messages), however you cannot use any paid service. You can only call emergency numbers, toll free numbers and customer care as well as your fast recharge number to top-up your account. You must top up your account within 24 hours to reactivate it; otherwise you will no longer be able to receive calls or SMS. Once you have moved back into the active state any money remaining on your account, will be added to your new balance. The new balance is verified by an announcement from the network.
State 3: Recharge Grace period – Your account moves into this state 24 hours after your account is suspended for having no airtime. In this state, you can only top up your account. You cannot use data, receive or make calls, receive or send SMS (text messages). If you do not top up within 24 hours any remaining credit on your account will be lost
State 4: Deactive – Your account becomes deactive 24 hours after the recharge grace period. During this period no services are allowed. Sim card is deemed as dead.
No invoice, including the provision of periodic or itemized statements of account, or record of calls made and/or received will be sent to a prepaid customer. APUA Telecoms has no obligation to give you proof of the current state of your pre-paid account, how your credit is used or of any other matters recorded.
11 Postpaid Account Deposit & Payment Terms
11.1 Security Deposit
You will be required to make a security deposit in order to be connected or reconnected to the Network. The company will not under any circumstance pay interest on the security deposits received. This security deposit is refundable after this agreement is terminated and all outstanding monies due to us have been collected. After this agreement is terminated all or portions of the security deposit can be used to offset any outstanding amounts owed. A security deposit does not negate you from your liability to pay for the Services rendered through the SIM Card assigned to you, including all costs associated with its unauthorized use.
You are required to pay a deposit on an amount to be specified by the company for the ability to roam or use your phone whilst travelling abroad on another network with which the company has a roaming agreement.
11.3 Credit Limit
You will be notified of your credit limit when your application is accepted. We reserve the right to increase or lower your credit limit at any time, without prior notice. You agree that your debt will not exceed your credit limit. Your credit limit, established at the discretion of the company, relates to your total amount due. Service may be suspended if your account usage exceeds your credit limit.
When you use the SIM Card and/or APUA Telecom mobile services, you will be charged for the services in accordance with the prevailing rates and taxes which may be amended from time to time. Service charges, subscription fees and any other charges incurred in relation to the services provided to you by us under this agreement will become a debt owed by you to the company. You agree to repay this debt to the company at any designated collection centre. If payment is made by cheque or any other instrument, a return fee may be charged by the company, should this method of payment be dishonored. The company reserves the right to reject and/or disallow cheque payments from you once dishonored cheques have been processed through your account. You will be charged for the right to use any technology developed by the company. The company reserves the right to charge interest on overdue amounts. We are not liable for any loss or damages suffered as a result of the use of, or failure in any bill payment services. We are in no way obligated to provide service to you if you have defaulted in payment of any sums due by you. In this event, we reserve the right to charge a reconnection fee and/or revise your payments terms and/or restrict your service/feature types, prior to restoration of service. Should you refuse to accept the terms and conditions of service, we reserve the right to refuse to reconnect you. We may require you or your estate to pay your total debt immediately if you do not carry out your obligations under this Agreement; if you become bankrupt or insolvent, or die, or upon legal attachment, levy or execution against you, your estate or your property or if your SIM Card is used contrary to this agreement. Invoices will be sent in the form of print or electronic bill (‘eBill’) only. Your eBill will be sent to your email inbox via the email address on record that is provided at the time your account is activated unless otherwise specified. Your printed bill will be sent to the physical / P.O box provided at the time your account is activated unless otherwise specified. You agree to accept our records of a transaction as accurate unless you can provide contrary evidence that is satisfactory to us. Payment is due upon invoice presentation date, i.e. once the invoice is available to you. You are responsible for ensuring that the email address provided at the time of activation is accurate and for updating your email address as necessary by contacting the customer care centre. You are responsible for adding email@example.com to your email account’s ‘Safe Sender’ list and address book and we will not be held responsible for customers’ non-receipt of invoices where an incorrect email address is provided. You will be deemed to have received an invoice on the day that the email is sent to your email address on record. Invoices can otherwise be obtained by contacting the customer care centre. We reserve the right to contact you to seek payment of amounts due. All invoices generated will be available for reprint on request. You may be required to pay for reprints. We reserve the right to change billing cycles and/or to issue interim invoices.
11.5 Foreign Currency Transaction
The amount of any transaction charged in any currency other than Eastern Caribbean Dollars will be billed and payable by you in Eastern Caribbean currency. We will make conversion from a foreign currency to Eastern Caribbean Currency at a rate of exchange determined by the Eastern Caribbean Central Bank on the date we receive notification of the transaction and the relevant amount to be charged to your account.
12 Customer Obligations
You have consented to:
- only use APUA Telecoms recommended equipment and facilities with the network and comply with laws and regulations governing its use;
- use the APUA Telecoms mobile technology on terms specified by us when it is made available;
- comply with laws and regulations governing this network and the services;
- follow our reasonable instructions related to your use of equipment, handsets or services issued by us;
- 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 incurred as a result of such legal action.
13 Equipment & Connection to Network
Only equipment that is approved by the company shall be used by you to connect to the service and the company may from time to time specify the type of equipment that may be connected to or used by you in respect of the service. You shall immediately disconnect any equipment or device to the company’s network which is not approved or does not comply with the company’s specifications upon demand. The company’s representative shall have access to your premises to verify that only approved and compliant equipment or devices are used in connection with the service. In no event shall you interfere with any equipment provided to you by the company for use with the service. The company accepts no responsibility for the maintenance repair or condition of equipment or devices which are not the company’s property and you will maintain all equipment and devices in good condition which are used or connected to the service.
14 Suspension & Termination.
This agreement may be suspended and/or terminated without the need for prior written or verbal communication:
- if you breach any statutory restrictions/regulations/ procedures that govern this network and service;
- if you do not comply with and/or breach any of the terms and conditions of this agreement;
- if intermittent checks, modifications and/or maintenance is deemed necessary by the Network;
- if you notify us that your handset has been lost or stolen;
- 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;
- if you commit a trespass on the network or any equipment owned by the company;
- if you conspire to defraud the company;
- if, in the sole opinion of the company you should do anything which would or is detrimental to the operation of the network or the company;
- if you are abusive or threatening to the company or to any member of staff or agent of the company, where abusive and threatening behavior will be determined solely in the company’s discretion
- 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 which does not comply with relevant legislation and regulation;
- if we are unable to provide the services to you;
- if you do anything to avoid or evade the company’s charges;
- if you do anything which in the opinion of the company is intended to or result in the evasion or avoidance of the company’s legitimate charges or defraud the company;
- if you do anything which is intended, or results in or likely to bypass the service.
Should your access be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide service to you or compensate you for the loss or interruption of the service. We however reserve the right to levy a fee for reconnection to the network.
Should you refuse to accept the terms and conditions of service, we reserve the right to refuse to reconnect you.
Your service may be temporarily disconnected or suspended in the event of excessive use of the service; APUA Telecoms has the sole right to determine what excessive use of the service is.
15 Exclusion of Liability
We shall not be held liable for any direct, indirect, or consequential loss suffered by you (or anyone claiming through you) due to any of the following:
- suspension or non-availability of any Service;
- suspension or termination of this agreement;
- interruption of or failure to connect any call made to or by the equipment;
- interruption of or failure to connect any call due to failure of a third party;
- any call made to or by the equipment being overheard or intercepted by any third party;
- any data/information transmitted to or by the equipment being altered or lost;
- inability to port to another network
We will have no liability to the customer for any claims whatsoever resulting from the inability to provide the services due to factors beyond our control, including, but not limited to, Acts of God, weather events, civil disturbances, industrial action, war, governmental action, force majeure, the act or omission of any other telecommunication carrier, default or failure of a third party. APUA Telecoms, its associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected, (altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents.
16 Hold Harmless
You will indemnify and hold harmless the company against the following:
- All damages or injury caused to the company’s service and network as a result of your negligence or failure to abide by your obligations hereunder;
- All claims arising out of your act or omission in conjunction with the service provided by the company.
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.
18 Customer Information
APUA Telecom will send you information from time to time that is deemed relevant to you, which may include surveys, offers for products and/or services from both us and/or our third-party partners. If you do not wish to receive this information you may notify APUA Telecoms in writing. Once this request is received, you will no longer be able to participate in offers, services, competitions or other promotions that require activation or direct engagement.
19 Data Protection and Privacy
You acknowledge and agree that we may collect information about you when you use the Service and that by providing your personal information to APUA you consent to the processing of your information in accordance with our Privacy Statement which outlines how we collect, use, protect and deal with your personal information.
If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
In the event of any inconsistency between these Terms and Conditions and any other terms and conditions for any of our products or promotions then these Terms and Conditions shall prevail to the extent of the inconsistency.
22 Other Terms and Conditions
You understand and agree that in addition to these Terms and Conditions you will be bound by the terms and conditions of any other service, promotion or plan to which you subscribe or participate.
These terms and conditions set out the agreement between (1) you (‘you’, ‘the customer’ or ‘your’); and (2) A.P.U.A Telecoms (‘us’, ‘we,’ ‘APUA’, ‘inet’ or ‘our’); for the provision and use of broadband services (s) supplied over APUA’s networks.
The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the end of these terms and conditions.
Your use of the inet service(s) will be governed by the terms of this agreement.
Please take a few minutes to carefully read through the terms and conditions set out below for the products and service(s) you have ordered from APUA.
First, here are some key points you should note:
The agreement between both parties is legally binding, and is governed by the laws of Antigua and Barbuda.
Your subscription for your chosen service(s) has a minimum period, which starts on the date your service(s) are installed and successfully activated. The length of the minimum period is either 12 or 24 months, which you agree on when you applied for your inet service. After the minimum period, this agreement will continue until either you or we end it in accordance with the terms set out in this agreement.
You must keep the inet service for the duration of the minimum period, unless you or we are allowed to end this agreement earlier, under the terms and conditions outlined in this agreement. If you cancel the agreement during the minimum period, APUA reserves the right to charge an early termination fee which will be equal to 3 months of the specific inet service, plus a recovery charge. We may charge this amount directly to any credit or debit card which you have provided us with, and by entering into this agreement, you are authorizing us to do so. Alternatively, we will levy this charge onto your final bill with inet. We will give you reasonable notice before making any charge. APUA Telecoms reserves the right to amend or change the service(s), or these terms and conditions, subject to notifying you of such amendments.
- We will make every effort to meet the date agreed with you for installation or activation of the service(s). In the event that we have to change the installation date, we will contact you in advance to notify you of any changes.
- You agree that you or a person authorized by you (who is 18 or over) will be present when we install the equipment at your You further agree that anyone authorized to represent you may also be required to make decisions on your behalf about equipment, wiring, work required to complete your install, in your absence. We are entitled to assume that any person other than you who is present at installation is authorized to represent you.
- Where we need to install equipment at your home, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. Please do not move any Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you must contact us.
- To provide the service(s), the equipment (modem) must be connected to equipment belonging to you e.g. a computer or television. You are responsible for ensuring your equipment is working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment. You must follow our instructions for this.
- Where we need to set up any service(s) on your equipment, we will guide you through this process on the day of installation, e.g. setting up broadband on your computer or phone or television.
- Where you are unable to take part in the set-up of your service(s), but are with us at the installation, you authorize us to have access to your equipment to perform such set-up (which may include the installation of software) and to check that those service(s) are working properly. You confirm that you will have prepared your equipment and will follow our instructions to prepare your equipment, so that we can perform the set-up properly.
- You are responsible for applying for any consents and permissions necessary for us to connect and maintain the equipment at your home (for e.g. any permission necessary to pull cable from the street to your address). We are not obliged to install or provide the service(s) unless all consents and permissions have been obtained. Further, we are entitled to assume that all necessary consents have been obtained unless we have been provided with something in writing stating otherwise.
- Our obligation to provide the service(s) may also be subject to survey. If said survey shows that the service(s) require additional time and resources to be installed or connected at your home, or if a nonstandard installation is required, we may delay any installation date to ensure we can complete the work correctly. We also reserve the right to charge an additional installation fee, which would have to be paid in full before the installation is completed. We will notify you as soon as possible of the delay and new date, charges (if applicable) and approach.
- Where a survey deems that service will not be possible, we may cancel any installation date we have given you and terminate this You will be notified of this as soon as possible after the survey.
- We do not have to connect the equipment at your home or otherwise keep to this agreement if:
- Your home is outside our service area or in a part of our service area where no network has been installed;
- We are unable to activate the service(s) on your line or at your home for any reason;
- You do not have a legal electricity supply, provided by APUA.
- You do not qualify under our current credit policy;
- You are not able to be a customer because you have previously misused our service(s);
- It is not practical to carry out the connection for health and safety reasons or for any other reason.
- Where we cannot provide the service(s) for the reasons explained above, we shall not be under any liability whatsoever to you for any failure to provide the service(s) in these circumstances, but will refund you for any payments you have already made to inet for installation of the service(s).
- If you keep to the terms of this agreement, we will provide you with the service(s).
- As well as these terms and conditions, the service(s) may have additional policies which apply to the service(s) and their use, as published by us on the APUA Telecoms website. These may be updated from time to time, so please check the APUA Telecoms website regularly and read through it carefully. We will post notifications on our website and places of business, at a minimum, when any changes have been made to these documents.
- To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams when contacting inet for support. We will notify you if we are monitoring or recording our conversations with you.
- From time to time, we may let you try certain service(s) for free. We also have the right to withdraw these trial service(s) at any time and by giving you reasonable notice.
- From time to time, we may supply you with service(s) or component part(s) of service(s) for promotional purposes, whether for a charge or otherwise. We may, at any time and by giving you reasonable notice, stop such supply or change the promotional service(s) or component part(s).
- Some parts of the service(s) are supplied by other organizations. As a result, due to matters outside our reasonable control or for commercial or contractual reasons, we may change, cancel or postpone all or any component part(s) of the service(s); however APUA will make every effort to give you reasonable notice of any withdrawals and changes where it is possible to do so.
- You agree that you are liable for any charges on your account, regardless of whether you or anybody else (with or without your permission) incurs those charges. For example, if someone who has access to your home uses the service(s), they will be considered to be within your control and you will be liable for those charges. Under no circumstances should you give your PIN numbers and passwords to anybody else.
- We hereby notify you that we may monitor and control data volume and/or types of traffic transmitted via the service(s); if you do not consent, please contact our Customer Services representative.
- Broadband service and usage
- Due to the nature of the Internet, we cannot guarantee specific levels of performance for Internet access, up or down speeds, whether on or off island. We are also not responsible for third party website performance, or the performance of your own devices or equipment.
- We will make every reasonable effort to fulfil our broadband promise to you however inet does not guarantee that the service will be uninterrupted, error free, meet your requirements or provide any security or privacy for any computer network or any data.
- We will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly, to meet our standards and for us to provide the service(s) to you.
- We will always aim to provide you with the best service possible, but we will not be liable for interruptions, degradation or other problems which are beyond our reasonable control. You agree that you will tell us about any fault in the service(s) by contacting our Customer Services team, which will aim to respond as promptly as possible. In many circumstances it is not possible to correct a fault over the phone. In such cases we will send a technician to correct the fault.
- If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee:
- Misuse or neglect of, or accidental or willful damage to, the equipment;
- Fault in, or any other problem (including set-up and specification) associated with, your own equipment or any system that we do not cover;
- Your failure to keep to this
- You are responsible for maintaining any equipment which you own (for e.g. television sets, phones, computers and so on) that is relevant to the service(s).
- We are not responsible if you are not able to use the service(s) because your equipment (for e.g. your computer, network interface card, printer, or other equipment) does not work properly or is not compatible with the system.
- You are responsible for the way the service(s) are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the service(s):
- Send a message or communication that is offensive, abusive, defamatory (damages someone’s reputation), obscene, menacing or illegal;
- Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person;
- Perform any illegal activity;
- Break, or try to break, the security of anyone else’s equipment, hardware or software;
- Deliberately receive, use, own, post, transmit or publish obscene material;
- Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
- Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide;
- Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the service(s) to harm the service of another Internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice;
- Use the service(s) in a way that: (i) risks degradation of service levels to other customers; ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the service(s) in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the service(s) with notice.
- You must, at all times, make sure that the way you use the service(s) does not break the law.
- The service(s) and equipment are provided for private use only and the following acts are not permitted:
- Copying or recording all or any part of copyrighted material, except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it);
- Re-selling, all or any part of the service (s);
- You acknowledge that we are entitled to prevent the recording or copying of any copyrighted material and to delete recordings or copies which may have been made by you unlawfully.
- You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the service(s) supplied to you under this agreement, or with getting the service(s) without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section D.
- If you misuse the service(s), get service(s) from us without our permission, or do not meet your responsibilities under this section D, we will, with notice, be entitled to suspend the service(s), end this agreement and/or terminate any license to use the software on the equipment, and you may incur charges.
- It is up to you to make sure that if minimum age recommendations apply to any part of the service(s), those service(s) are not viewed or accessed by anyone below that minimum age.
- You are required to purchase a modem for us; all modems purchased become the property of the customer.
- You are responsible for making sure that your equipment is safe and used properly at all times. To do this, you agree to do the following:
- Follow the manufacturer’s instructions and any other instructions we have given you;
- Keep the equipment in your home safe and and under your control (for e.g. you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
- Not tamper with, disassemble, misuse, neglect or damage our equipment;
- Not remove, tamper with or cross out any words or labels on our equipment;
- Take proper care at all times to prevent the loss or theft of our
- You agree to tell us immediately about any loss, theft or damage to any part of our You should do this by contacting our Customer Services team. You agree that you are responsible for and will bear the cost for any loss, theft or damage to the equipment, regardless of how it happens.
- If we or you end this agreement, if you decide to disconnect some of our service(s), or if you wish to take up an offer to upgrade the equipment we provide to you, you must return the equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the If we hold any money, we may use that money towards the cost of the equipment.
- If you have purchased any additional equipment, we would encourage you to dispose of it responsibly if you are no longer using it. Any equipment which you own and which you connect to the system (for e.g., phones, fax machines, computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.
- We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We will not be liable for any loss of or damage to any additional equipment.
- We and our suppliers retain title to and ownership of the software for the equipment we provide to you and all intellectual property rights in and on that software and
- Where we sell you additional equipment (e.g. home plugs and power strips), these will be your equipment to own and maintain. Such equipment will only be covered by the manufacturer’s guarantee, and your original receipt/proof of purchase will be required for any relevant replacement. Any other replacement will be charged at the normal list price.
- You must pay the charges for the service(s) as set out in your agreement, or as otherwise notified to you via publication on our website and information available at our stores, together with any applicable taxes. You can also request information on our charges by contacting our Customer Services team. All payments by you should be made to APUA.
- You must ensure that your payments are received by APUA by the due date for outstanding amounts shown on your bill. If you do not pay your bills on time, you will be liable for late fees or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you, where applicable. We may also suspend or cancel the service(s) and charge you the costs of debt recovery proceedings to recover any debt you owe under this
- Under this agreement, if you ask for any changes to the service(s) provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
- You may choose to pay your bills by cash, credit or debit card, or by direct debit, either electronically, at APUA payment centers or using designated third party payment facilities.
- If any direct debit or payment of yours is cancelled or is not cleared by your bank, we are entitled to charge you a default fee and the provisions of paragraphs F3 and F4(c) will also apply.
- You may choose to receive a paper bill instead of an electronic bill (‘e-bill’). Where you have access to electronic billing (‘e-billing’) but choose to receive a paper bill, you agree that we may charge you a separate fee each month for this.
- You must provide us with a valid and current e-mail address to use e-billing. The accuracy of that e-mail address is entirely your responsibility.
- You shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address or contact number you have specified, whether or not:
- You access that e-mail account and read the relevant e-mail;
- You are disconnected from your e-mail account (for any reason); or
- For any other reason (other than our negligence) you fail to read the relevant notifications.
- Reminders will normally be sent for late bill payments.
- If you want to change any of the service(s) agreed to, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.
- You may be asked for a deposit at any time (as we believe to be reasonable in the circumstances) as security for the equipment or service for in case you do not pay your bills or return equipment provided to you. All or any part of this deposit may be used to pay any charges you owe under this
- If at any time before or during the term of this agreement you fail to meet the credit conditions imposed by us, we may do the following:
- Require you to make a payment (which shall be made to APUA) in advance for future charges;
- Enforce credit limits on you for any charges (to the extent that we believe is reasonable in the circumstances), restrict the level of service(s) we provide to you, only allow certain methods of payment and/or suspend some or all of the service(s) at any time when you reach the limits, until we have received the full payment of any charges you owe under this agreement;
- Demand a deposit from you as described in paragraph F3, above.
- You must provide, promptly and accurately, all the information which may be needed, so that we can perform our respective obligations under this You must also tell us immediately if any of your details change.
- By having the service(s) provided by us installed in your home and/or by using them, you are providing your consent to use your personal information together with other information for the following purposes:
- Providing you with the service(s), service information and updates;
- Administration, credit scoring / control, customer services, training;
- Tracking use of our service(s) (including usage, billing, viewing and interactive data);
- Profiling your usage and viewing (for example, the websites visited and types of data being downloaded).
- Improving and developing the service(s) for you. Your personal information may be used for these purposes for the period you are a customer. Occasionally, third parties may be used by us to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions (as applicable).
- We may share with third parties information about your use of the service(s) in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
- Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages, including using automated calling systems) or fax for these purposes.
- We may also disclose your personal information to other APUA business units so that they can contact you with information about their products and services where you have given us your consent to do so. But do not worry; your personal details won’t be shared with companies outside the APUA business units.
- If you change your mind at any time and no longer wish to receive this information from us, that’s okay. Just call Customer Service, for more information. If you opt out of receiving this information from us, we will not contact you for marketing purposes, nor will we share your information with other APUA business units for them to market to you. If you say you do not wish to receive any promotional information from us, this will exclude you from receiving any of our special offers or promotions which may be of interest to you. You can also opt out of receiving marketing information from other APUA business units at any time by contacting them directly.
- You have a right to ask for a copy of your information (for which we may charge a small fee) and to correct any inaccuracies.
- If you do not pay your bills for the service(s), then we reserve the right to transfer your debt after a period of ninety (90) days to a third party with reasonable notice to you, in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and will not be acting on behalf of or with our instructions in relation to how this debt is recovered. We may also disclose information about you if required to do so by law or by order of a court or other competent body.
- You may add to or reduce the service(s) you receive from time to time by contacting our Customer Services team. If you ask us to provide any extra service(s) to you, you agree to accept those additional service(s) for at least the minimum period that applies to them. If you ask us to reduce your level of service(s) within the minimum period for those service(s), we may ask you to pay a fee depending on the service(s) being reduced and the remaining length of the minimum period. If you wish to reduce your level of service(s) you must give us 30 days’ notice and pay any charges up to the end of that 30-day notice period.
- APUA Telecom may, at any time, improve, modify, amend or alter the terms of this agreement and/or the service(s) and their content if:
- There is any change or amendment to any law or regulation which applies to APUA Telecoms or the service(s) provided to you;
- We decide that the service(s) should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so;
- For security, technical or operational reasons;
- The changes or additions are minor and do not affect you significantly, or we wish to have all our customers on the same terms and conditions; or
- In all other events, we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the service(s) provided to you. However, you will have the right to cancel the affected service(s) or end this agreement if the changes are significant, as described in paragraph J3.
- APUA telecoms may change our charges at any time. Any changes to our monthly charges will be published by us on the APUA Telecoms website and we will also give you thirty (30) days’ advance notice of the change(s).
- We may suspend any or all of the service(s) with reasonable notice if:
- You have broken this agreement (including additional policies, like the acceptable use policy) and in such an instance we reserve the right to reduce the level of service(s) affected);
- maintenance, repairs or improvements to any part of the service(s) or the system need to be carried out;
- We have to do so by law or in line with a third party contract;
- You go over any credit limit on your account;
- We have reason to believe that you have provided us with false, inaccurate or misleading information, either for the purpose of obtaining the service(s) and/or the equipment, or at any time during the provision of the service(s);
- We believe that you or another person at your home have committed, or may be committing, any fraud against us, and/ or any other person or organization by using the service(s) or equipment (or both);
- You or anyone you authorize to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
- In our reasonable opinion it is necessary to do so.
- If the service(s) is/are suspended because you have broken this agreement or if paragraphs 1(b), (e), (f), (g) or (h) apply, we may make a charge to reflect our costs in connection with suspending and starting the service(s) In normal circumstances, you must pay this charge before you can use the service(s) again.
- If the service(s) is/are reduced because paragraphs I1(a) or (b) apply, then during any period of reduction, you will remain liable for the payment of your original level of charges.
- For your and our protection we can suspend the service(s) if the usage has increased to such an extent that it appears, in our reasonable opinion, that the service(s), are not being used in a manner consistent with your previous use. We will make reasonable efforts to contact you before suspending the service(s) but we are not liable for any loss you may suffer through this suspension. We will not provide the service(s) again until we are satisfied that you know of the increased usage and are aware of any consequences of that increased usage.
- Either you or we may end this agreement at any time (including during or at the end of any minimum period) by giving the other thirty (30) days’ notice. You must pay any charges (including usage charges and line rental) up to the end of that 30-day notice period. You may also have to pay an early disconnection fee if your service(s) end within the relevant minimum period as set out in paragraph J2.
- If you end one or more service(s) during the minimum period for such service(s) (other than in the circumstances outlined in section K or paragraph J3), or if you break this agreement and we end this agreement under paragraphs J8, J9, J10 and J11 (including for nonpayment of charges) within the minimum period applicable to those service(s), you must immediately pay an early disconnection fee in respect of each cancelled service(s). The early disconnection fee represents any costs we have subsidized for you upon signing this agreement.
- If we break the terms and conditions of this agreement, you are free to end this agreement without penalty, subject to paragraph J6.
- We may end this agreement immediately by giving you notice:
- If our authority to operate as a telecommunications provider is suspended for any reason;
- If, in our reasonable opinion, it is necessary to do so for security, technical or operational reasons.
- When this agreement ends or you cancel a service, we will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the You will no longer be able to use the equipment.
- If you fail to return or make available for removal any item of the equipment which we have hired to you, you may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our
- If this agreement is ended for any reason, or if any of the service(s) are cancelled, we will be entitled to use any money held (including deposits and advance payments) to pay any obligation or debt you may owe under this We will get in touch with you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance. You hereby consent to us donating your account balance to charity, whatever the amount, if we have not been able to contact you within six months of the date of termination of this agreement.
- We may end any of this agreement immediately if:
- You become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
- We believe that you or another person at your home have committed, or may be committing, any fraud against us or any other person or organization, by using the service(s) or equipment (or both);
- You break any of this agreement (including the additional policies) and, if you are able to put things right, you have not done so within seven days (or such other period as we specify);
- We have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the service(s) and/or the equipment from us or at any time during the provision of the service(s);
- Any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
- We are required to comply with an order, instruction or request of Government, an emergency services organization or other competent administration or regulatory authority;
- You or anyone you authorize to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
- We are specifically entitled to do so under any other section of this
- If you break this agreement and we choose to overlook it, we can still end the agreement with you if you break it again.
- If we end this agreement because you have broken this agreement as set out in paragraphs J8, J9, J10 and J11 (including where you have not paid the charges which you are liable to pay under this agreement) during any relevant minimum period, we are entitled to:
- Charge you for reminder of the minimum period and/or
- Prevent access to; and/or
- Disrupt access to; those service(s).
- If you break this agreement by committing fraud or any other criminal activity, we may report this to the police, who may take legal action.
- If you move to another address within our service area, you may ask us to provide the service(s) to your new address. You must provide at least one month’s notice to do this, but we cannot guarantee to provide you with the service(s) at your new address.
- If you move to another address during any minimum period, paragraph J2 will apply, unless you continue to receive our service(s) at your new address (in which case, paragraph K3 will apply).
- If we agree to provide the service(s) to your new address, you may have to pay a service transfer. You may not be able to keep the same level of service if you change your home
- You authorize us to install, keep and use apparatus (including, but not limited to, equipment and additional equipment) at your home and you agree that we and our employees, agents or contractors may enter your home, providing reasonable notice and with your permission, so that we can:
- Carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for us to supply the service(s) you have asked for; and
- Inspect any apparatus and equipment (such as your TV or computer) which you may keep there.
- We agree to cause as little disturbance as reasonably possible when carrying out any work at your home. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your home. Paragraph M(2)c) describes in more detail when we will be liable to you for direct physical damage to your property.
- You agree not to do anything, or allow anything to be done, at your home that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
- You confirm that you are:
- The current owner of the home; or
- A tenant under a valid lease; and or
- A licensed occupier of the home.
- We cannot normally be required to remove permanent installations if you terminate this agreement or move from your home.
- Our liability to you is limited as set out in paragraphs M2 to M6.
- We will not be liable to you for:
- Any indirect loss or any loss which is not a reasonably foreseeable consequence of our negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
- Lost or destroyed data or software; any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses), even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss;
- Direct physical damage to your property (including any of your equipment upon which we have set up the service(s)), unless it has been caused by our negligence or the negligence of our employees, agents or contractors while acting in the course of their employment (and even then, our liability will not be more than XCD$5,000 for any one event or series of connected events).
- When we carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent telecommunications provider only.
- We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the service(s), or for transmitting or receiving, or failure to transmit or receive, any material through the service(s).
- If you deal with any other individuals or organizations using the service(s) (for example, by buying or renting goods or services from them or ordering goods from them using our Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you suffer or have to pay for.
- We will not be liable to you for the contents of any material from other individuals or organizations which may be accessed through the service(s) that could be deemed offensive, derogatory, obscene, discriminatory, an affront to personal dignity, that are or resemble content, images or sounds held in copyright, that may be in breach of the law or common decency, or that may belong to another party. We also reserve the right to block access to any such material.
- We will not be liable for failing to do what is promised under this agreement if we are prevented from doing so by something outside our reasonable control, which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes.
- Any notices personal to you will be in writing and be delivered by hand, sent by fax, ordinary post to you at your home or sent electronically. Any notices you give to APUA Telecoms should be given in line with the directions set out on the ‘Contact Us’ area of the APUA Telecoms website. Any notice period will start from the day on which the notice is delivered if it is delivered by hand, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.
- This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written consent. For business reasons, we may transfer any of our rights and responsibilities under this agreement without your permission.
Q. The Law and How Your Complaints Are Resolved
- This agreement will be governed by law of Antigua and Barbuda. If any provision is found to be unenforceable, it shall not invalidate the remainder of this agreement.
- We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame.