TERMS & CONDITIONS
WEBSITE TERMS AND CONDITIONS
Belize Telemedia Limited (“BTL”) operates this Site to provide online access to information about DigiCell, BTL's mobile telephone service. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms and Conditions”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of this Site and, together with these Terms and Conditions, govern your use of those areas, content or transactions. These Terms and Conditions, together with applicable additional terms and conditions, are referred to as this “Agreement.”
BTL reserves the right to modify this Agreement at any time without giving you prior notice. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms and Conditions were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on this Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BTL reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms and Conditions.
The Site and the Content are protected by Belize and/or foreign copyright laws, and belong to BTL or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BTL or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by BTL. You may not manipulate or alter in any way images or other Content on the Site without specific permission from BTL or the copyright owner.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BTL of the third party, the third party web site, or the information contained therein. BTL is not responsible for the availability of any such web sites. BTL is not responsible or liable for any such web site or the content thereon.
5. Linking to this Site
If you would like to link to the Site, you must follow BTL’s link guidelines. Unless specifically authorized by BTL, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
BTL cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of BTL and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
BTL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BTL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BTL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BTL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL BTL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BTL, its subsidiaries, affiliated companies, shareholders, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
All the above-mentioned sites are registered, owned and operated by Belize Telemedia Limited (“BTL”), Belize City, Belize. Any personally identifiable information submitted to any of these sites will be treated with the strictest confidentiality. BTL will not share, sell, trade, or give away personally identifiable information to third parties without the user’s explicit permission.
Information Collection and Use
BTL (including its subsidiaries, affiliates, agents and partners) is the sole owner of the information collected on these sites. BTL collects information from the user when the user registers to use a service or enters personal information in any of the online forms found on any of these sites or when the user requests information from BTL.
This information may include information such as the user’s name, IP address, address, telephone number and email address. This information is used for BTL’s internal business purposes only and will not be resold or disclosed to any other party.
This information will not be used in a manner to identify the user personally and will not be divulged to anyone. BTL will not sell, share, or rent this information to any other party.
Statistical information will be collected and used on an aggregate basis. No personal information is associated with these statistics. Different technologies are used to collect aggregate statistics. These include cookies and Web server logs. These statistics may be used to monitor traffic so BTL can effectively provide services to customers or to determine which of its services are most efficient.
BTL may use IP addresses to aid BTL in analyzing patterns of fraudulent behavior.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. User Supplied Information
BTL does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give BTL the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
14. Password Security
If you register to become a member of the BelizeWeb Community (forums), you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
15. General Provisions
a. Entire Agreement/No Waiver. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BTL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BTL therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. BTL does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
16. Purchasing Mobile Airtime Top through this website
Through this Website you will be able to top-up active Digi mobile PrePaid phones. The TopUp service is being provided by Prism Services Inc, USA (“Merchant”) and may be identified to you on your credit cards statements as “Digi Belize”, “Prism” or “Prism Services USA, Inc”.
TopUp is sent instantly to the appropriate mobile phone number upon payment by you. Once the TopUp is sent to a mobile phone number, it can be used immediately therefore it cannot be refunded or removed from the phone. As refunds are not possible, we ask you to always confirm that the mobile phone number you have entered is correct. Therefore, you shall ensure that all instructions given by you to us through the Website are accurate and complete, and that, where appropriate, you correctly identify the mobile phone account to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you send through the Application is the instruction which you intend to give. We are entitled to rely on any instruction from you using and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you.
SERVICES TERMS AND CONDITIONS
Belize Telemedia Limited, including its subsidiary companies, (hereinafter referred to as “BTL”) offers its customers (hereinafter referred to as the “Customer”) Telecommunication Services including but not limited to Public Switched Telephone Network (PSTN), Cellular, Data, Internet and other services.
The content and scope of these individual services can be seen in the Service Literature which, together with these General Terms and Conditions, forms the basis of the contractual relationship between the Customer and BTL. The Customer is deemed to have accepted these Terms and Conditions by activating, using or paying for any Service provided by BTL.
Unless otherwise stipulated, the contractual relationship between BTL and the Customer will remain in force until all Services are cancelled.
ACCEPTABLE USE POLICY
a) This Acceptable Use Policy ("AUP") regulates the use of the Services and is incorporated by reference into the BTL Terms of Service. Unless otherwise indicated, the terms defined in the "AUP" have the meanings set out in the Terms of Service. BTL may modify this Acceptable Use Policy at any time and without prior notice.
b) The services offered by BTL can only be used for lawful purposes. You agree to comply with all laws, rules and regulations regarding the use of the Services. BTL reserves the right to refuse to provide the service to any person. Any material that in our judgment violates this "AUP" in any way can be removed from our servers (or otherwise disabled) without notice.
a) BTL provides to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, data services, fixed and mobile voice and other data (e.g.: sms), online, and internet-related telecommunications services (each, a "Service" and collectively the "Services").
b) This Acceptable Use Policy ("AUP") defines the acceptable use of the Services with a view to ensuring quality of service and the privacy of our Customers and the integrity, security, reliability and privacy of the BTL network, systems, products, Services, server hosting facilities and data contained therein (collectively, the "BTL Network"). BTL' Customers (who for the purposes of this policy, are defined as any party who purchases a Service from BTL) are required to comply with this AUP as a condition of receiving Services from BTL.
c) BTL' Customers are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the BTL Network. BTL encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org).
3) PROHIBITED ACTIVITIES
a) It is contrary to BTL policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.
b) Each of the practices listed below (each, a "Prohibited Activity") constitute an abuse of the BTL Network and interfere with other Customers. Such practices are prohibited.
4) POSTING OR SENDING
a) Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List");
b) Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;
c) Publishing mail bombs, chain letters or pyramid schemes;
d) Sending unsolicited commercial messages or communications in any form ("SPAM").
5) FALSIFYING USER OR OTHER SERVICE
a) Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to BTL or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its End Users identity or contact information.
b) Engaging in any other activity that:
i) Violates a law or regulation (including, but not limited to, libel, slander, and invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights).
ii) Threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of Viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware).
iii) Has the purpose of harming or attempting to harm minors in any way;
iv) Attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
v) Otherwise degrades or interferes with other users' use of a Service;
vi) Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
vii) Violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations.
viii) Engaging in any of the activities listed above by using another provider's service, but channeling the activity through a BTL account, remailer, or otherwise through a Service.
ix) The use of any lewd, offensive, profane, indecent, defamatory, libelous, slanderous, obscene, abusive, menacing, threatening, immoral words and/or phrases as part of a Customer's e-mail address and/or URL (Universal Resource Locater) is strictly prohibited and BTL will not allow the use of any e-mail address (es) and/or URL(s) which contains such material.
c) Any indirect or attempted violation of this AUP by or on behalf of a customer or a customer's end user, and any actual or attempted violation by a third party on behalf of a customer or a customer's end user, shall be considered a violation of the AUP by such customer or customer's end user.
6) RIGHTS AND REMEDIES
a) If BTL determines that a Customer, its representatives or its end users have breached or failed to comply with this AUP or engaged (or permitted others to engage) in a Prohibited Activity, BTL may take such action as it deems appropriate. This may include all or any of the following:
i) Suspending and/or terminating a Customer's Service at any time;
ii) Issuing of a warning to a Customer;
iii) Commencing Legal proceedings against a Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this AUP;
iv) Denying all traffic from known IP address blocks that support indiscriminate port scanning programs such as Proxy Hunter, or other unlawful activity, for the purpose of preserving Customer's system and network resources;
v) Undertaking further legal action against a Customer;
vi) In the event of illegal activities, investigating and notifying the appropriate legal authorities.
a) If we receive a Court Order requesting us to reveal a Customer’s identity to someone complaining that you have used the Services abusively, we will be entitled to do so. We will also be entitled to reveal your identity or other data we hold regarding your use of the Services to the police or other public authority if we are required to do so by law.
b) BTL will consider all cases and complaints according to their individual merits. BTL has the right not to take action against you even where a complaint is made against you for breach of this AUP.
c) BTL reserves the right to, where feasible; implement technical mechanisms to prevent a Prohibited Activity. In addition, BTL reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount equal to BTL actual expenses incurred in preventing or responding to such activity.
d) For complaints of SPAM only: In addition to any applicable charges described above, BTL reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified BZ$20.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the BTL Network (they increase BTL costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical internet applications).
e) Nothing in this AUP limits BTL rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.
8) PASSWORD PROTECTION
Customers are responsible for protecting their password(s) and for any authorized or unauthorized use made of their password(s). Customers must not disclose your password or use or permit anyone to use BTL' Service to guess passwords or access other systems or networks without written authorization. In the event a network or network device becomes compromised, BTL will assist in the tracking and/or expulsion of said offender on the network level to the extent BTL considers reasonable, at its sole and absolute discretion.
9) FAIR USE POLICY
a) High Speed Internet is a shared service and the activities of some users can impact the services and bandwidth available to other users. In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some customers use a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience. Particularly at peak times, data rates may be reduced by contention within BTL network and the public Internet.
b) In order to preserve the quality of our High Speed Internet services, BTL applies a Fair Use Policy ("FUP"), to ensure that those customers using excessive bandwidth-consuming applications do not use our service to the detriment of other High Speed Internet customers.
c) We routinely monitor the performance of our network. However, as part of the application of the FUP we may be required to limit the amount of bandwidth available to users of applications that consume large amounts of bandwidth including downloading unusually large files. This approach will ensure a fair allocation of bandwidth to all High Speed Internet customers.
d) BTL will not be liable to such user for the quality, integrity or continuation of the High Speed Internet service.
e) The FUP is mainly aimed to avoid any unfair disruption of services resulting from extreme peer-to-peer usage, other file-sharing software and download of very large files during peak times, we do not prevent or block the use of such applications or downloads.
f) If you do not use peer-to-peer or file-sharing software or if you don't download very large files continuously, then it is unlikely you will be affected by this policy.
g) As BTL upgrades its broadband capabilities, users will be able to experience different type of content enabled by the higher access speeds. We may introduce explicit download limits (measured in Gigabytes) to some broadband packages in order to enable us to manage the customer experience. Obviously, we will communicate such limits as well as any available upgrade option or charges for excess usage.
10) MOBILE INTERNET FAIR USE POLICY
a) Mobile Internet is a shared service and the activities of some users can impact the services available to other users. Mobile Internet refers to access to the World Wide Web, i.e. the use of browser-based Internet services, from a handheld mobile device, such as a smartphone, a feature phone, a tablet computer or a dongle, which are connected to a mobile network.
b) In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some users take a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience.
c) In order to preserve the quality of our Mobile Internet [also known as GPRS / EDGE / HPDPA / HSPA+/ 3G and 4G] service, we are enforcing our FUP and mobile data terms and conditions through this Mobile Internet Fair Use Policy ("Mobile FUP"), effective immediately. Our Mobile FUP is intended to ensure that the few users who consume large amounts of bandwidth or download unusually large files do not use their service to the detriment of other Mobile Internet customers. Except as may otherwise be specifically permitted or prohibited for select data plans, mobile data sessions may be conducted only for the following purposes: (i) Internet browsing; and (ii) email.
d) Our Mobile FUP is intended to avoid any unfair disruption of services resulting from peer-to-peer ("P2P") usage, tethering of a computer over the Mobile Internet network (i.e. using your phone as a modem), other file-sharing software, and the use of VOIP on our network. If you attempt to access these applications on the Mobile Internet network, without the appropriate data plan, these applications will not work. Where a data plan is restricted to certain types of devices (for example, smartphones, tablets, or dongles), we may restrict your use of certain applications if the plan is used on another type of device. P2P usage is not permitted on any data plan.
e) If you do not use P2P, do not tether your computer, and do not use a dongle, file sharing software or VOIP on the Mobile Internet network, then it is unlikely you will be affected by this policy.
11) MODIFICATION OF THIS POLICY
BTL reserves the right to update this AUP from time to time. You are expected to check this website page from time to time to take notice of any changes we make, as such updates are legally binding on you. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our site or written documents issued to you.
GENERAL TERMS AND CONDITIONS
“Agreement” means the contract made between BTL and the Customer and which incorporates:
- The Order Form;
- These General Terms and Conditions.
- Any terms and conditions or Service Literature provided to the Customer from time to time;
- Any documents referred to in any of these General Terms and Conditions; and
- Any service level agreement applicable to the Service.
“Customer” means any natural person or legal person and includes any public body and anybody of persons to whom BTL has agreed to provide a Service;
“Installation Charge” means a onetime charge payable by the Customer in connection with the installation of a Service;
“Order Form” means an order form, signed by the Customer, with respect to a Service or Services requested by the Customer and other relevant information concerning the relationship between BTL and the Customer;
“Recurring Charges” means charges determined by BTL that are payable on a monthly basis by the Customer in connection with the Service;
“Service” means any Telecom Service specified in an Order Form or other applicable document forming part of this Agreement;
“Service Literature” means any brochure, customer guide, description or instructions, including but not limited to those on all DigiCell Sim Packs, as may be published from time to time by BTL in connection with the provision or use of the Service.
“Tariff Schedule” means BTL’s schedule that stipulates certain charges, as varied by BTL from time to time, payable in respect of the provision of a Service, which shall be made available to the public at BTL’s main offices and through other media;
“Usage Charges” means the variable charges associated with the use of the Service.
2. EXPRESS DECLARATION:
The Customer expressly declares that:
- Prior to signing the contract for the supply of services, the characteristics of each and every one of the services offered by BTL have been informed of conditions of quality, reliability and the limitations inherent to the services, with BTL provided all the information that the customer requested on the subject.
- That it is aware of and accepts that the services may be affected or suffer from interference, technical problems or that there may be cuts or interruptions in accordance with the applicable legal regulations.
- That it is aware of and accepts the rates and prices established by BTL inherent in the contracted services.
- That receives a copy of the contract and the documents that comprise it in print or electronic form on time of signing the contract.
3. APPLICATION FOR SERVICE
- A request by any person for the provision of a new Service must be made in writing.
- Applicants will be required to apply on the Order Forms provided by BTL, and satisfy all the requirements stated therein.
- Requests for Services other than a new Service must also be made in writing, but do not necessarily require the use of the forms provided by BTL. These should be signed by the person in whose name the account will be issued.
- The Customer will promptly provide BTL (free of charge) with all information which may be reasonably required from time to time to enable BTL to proceed expeditiously with the performance of its obligations under the Agreement.
- All information provided by the Customer must be true to the best of his belief and any customer who is found to have obtained his/her service by fraudulent means will be reported to the police for further investigation and the services will be disconnected in accordance with section 8 (Termination) of this agreement.
4. PROVISION OF TELECOMMUNICATION SERVICE
- All Services are subject to availability.
- BTL will make every effort to provide the Service requested within a reasonable time, provided all the necessary facilities are available and the Customer has complied with his obligations hereunder. This includes a telephone exchange that has a distribution network of cables and lines near the site where the Service is required.
- Where these facilities are not available, an alternative method for the provision of Service may be offered to the Customer, with the additional cost of such provisioning to be borne by the Customer (e.g. additional wires). Any alternative method of providing Service will be offered at the prevailing rental rates for this type of equipment.
- Services are generally available from all exchanges. However, when a requested Service cannot be provided, the Customer’s application will be placed on a waiting list, pending the availability of the facilities. Every effort will be made to provide the Service required as soon as possible. Customers will be advised in writing when placed on the waiting list.
- External access to the Customer’s property will be overhead, except where the Customer provides underground conduits from the property boundaries to the building.
- BTL will provision Services to the Service Entrance point and up to the Customer defined Network Interface Device (“NID”), The Service Entrance is the point that defines the end of BTL’s NID and the beginning of the Customer’s wiring within the premises. The NID may or may not be located on customer premises but will always have the unified characteristic of being dedicated exclusively to a single Customer.
- All wiring done in a Customer’s premises will be surface wiring, except in those cases where the Customer provides conduits and the necessary boxes for telephone jacks. Where false ceilings or subterranean access areas exist, conduits must be placed to facilitate the installation process and for future maintenance.
- The provision of any Service means that the Customer has been allocated a BTL customer account number. Payment of any and all charges for the use of the Services provided by BTL and billed to the account are the sole responsibility of the Customer.
5. OBLIGATIONS OF THE CUSTOMER
- The Customer shall only use a Service in accordance with such conditions as BTL may indicate in writing from time to time.
- The Customer shall not use any Service as a means of communication for a purpose which is specifically prohibited in the Agreement.
- To be responsible and to maintain unalterable the qualification of the service that BTL carries out, if there were modifications on its own, it is responsible for technical failures in the service or caused to the network of BTL.
- To be responsible for the acts related to the use of the services, of all the users who have access to service in their facilities or that make use of the service under their supervision and control.
6. SERVICE CHARGES
- In consideration of the provision by BTL to the Customer of a requested Service, the Customer shall pay BTL as applicable all charges, Installation Charges, Recurring Charges and Usage Charges (collectively “the Charges”) as specified in BTL’s Tariff Schedule.
- Service is provided at business rates where it is of a business, professional or occupational nature. Service is provided at residence rates where it is for domestic purpose
- BTL may increase or decrease the Charges at any time and details of any such changes will be available from BTL’s main offices, via the media and from BTL’s website prior to implementation. BTL shall take reasonable steps to bring such changes to the Customer’s attention. Always in accordance with the rules established in telecommunications interconnection regulations (amended), 2010.
- Any governmental assessments, fees and taxes imposed by law shall be billed to the Customer receiving a Service. Such assessments, fees or taxes will be separately stated on bills for payment.
7. RENDERING AND PAYMENT OF ACCOUNTS
- Installation Charges shall be payable in advance of the installation of a Service.
- Recurring Charges shall be payable on a monthly basis unless otherwise stipulated in the Agreement or BTL’s Tariff Schedule. Between the Service commencement date and the first billing period as well as the last bill after service is terminated, a proportionate part of the Recurring Charges shall be payable, calculated on a pro-rata daily basis.
- Usage Charges shall be payable by the Customer in arrears in respect of the usage of any Service (whether with or without the Customer’s authority). Usage Charges shall be calculated by reference to data recorded or logged by BTL or where applicable, supplied to BTL by another network operator and not by reference to any data recorded or logged by the Customer. BTL shall prepare and send invoices for Usage Charges due at the end of each billing period. If service is terminated, a proportionate part of the recurring charges shall be payable, calculated on a pro-rata daily basis.
- The Customer is liable for all charges for calls originating from the telephone number(s) for which the Customer is responsible, and also where charges have been accepted for collect calls and third party calls.
- PostPaid and/or Corporate Customers who purchase TopUp PrePaid credits by billing the cost of such credits to their accounts shall not be eligible for the bonus credits offered during BTL’s Double Up promotions.
- All bills are due for payment when rendered. All Charges shall be paid on or before the due date stipulated on the Customer’s bill.
- Failure to receive a bill showing the amount owing by the Customer to BTL shall not relieve the Customer from the responsibility of making prompt payment of such amount to BTL.
- The Customer whose name appears on BTL’s records is responsible for the payment of accounts for Services charged and bills for all Charges will be rendered to that Customer and not to his tenants or anyone else unless specific authority is given in writing to do so. In case the registered person has died, the responsible person will continue to use the assigned telephone number, as indicated in numeral 18 of this document.
- If objection in writing is not received by BTL within fifteen (15) days after a bill is rendered, such bill shall be deemed to be correct and binding upon the Customer.
- Unless otherwise specified in the Agreement, payment of all sums due under the Agreement shall be made within thirty (30) days of the date of the relevant invoice.
- Without prejudice to our other rights, BTL reserves the right to charge the Customer interest at 2% per month on all outstanding amounts if payment remains outstanding for more than thirty (30) days following the due date. Interest shall continue to accrue on any outstanding amount not withstanding termination of the Agreement for any cause whatsoever.
8. CREDIT POLICY AND DEPOSIT
- BTL has a responsibility to all its Customers to take reasonable precautions against default of payment and has activated a credit policy which is designed to monitor the use of all existing accounts. To this end, credit limits are instituted to ensure that accounts do not incur outstanding amounts to the detriment of the Customer and BTL. Usage over and above the credit limit will require a payment or the Service may be restricted or terminated.
- Upon signing any Agreement, the Customer shall pay such sums as BTL may stipulate by way of a deposit. If a deposit is required, the Customer will be notified at the time of applying for the Service and the deposit will be payable immediately. Deposit requirements may be increased if, in the opinion of BTL, the Customer’s usage characteristics or circumstances warrant an increase.
- Deposits held by BTL shall accrue interest at the going Treasury Bill rate as established from time to time.
- The deposit will be refundable twelve (12) months after the date of the original payment (together with such interest, if any), providing that the Customer has not been disconnected for any reason during this period, and that there is no other reason warranting the retention of the deposit.
- Where a Service has been terminated by the Customer, the deposit will be refundable subject to deductions in respect of any amounts then payable by the Customer under Clause 7 herein or any other liability incurred by BTL as a result of the Customer’s failure to comply with this Agreement.
- Except as otherwise stipulated, the either party shall be entitled to terminate the Agreement by giving not less than one month prior written notice of such intention to terminate.
Without prejudice to our other rights, BTL may terminate the Agreement on giving written notice to the Customer, with immediate effect, if:
- The Customer provided BTL with false, inaccurate or misleading information for the purposes of obtaining Service; or
- The Customer does not make material use of the Service for a significant period; or
- BTL has– reason to suspect any unlawful use of a Service, unauthorized use, fraud or misconduct in connection with the Customer’s use of the Service or by any other third party whatsoever, with or without the knowledge or approval of the Customer, tampering with BTL’s equipment or Services to others; or
- The Customer is in breach of any laws or order of a regulating authority or any of the terms and conditions of the Agreement.
10. CONSEQUENCES OF TERMINATION
- On termination of the Agreement, all outstanding Charges shall be payable by the Customer.
- If the Agreement is terminated prior to the expiry of the initial contract period, the Customer shall pay such cancellation charges as may apply by way of liquidated damages for early termination.
- Upon termination of the Agreement for any reason the Customer shall where applicable and during normal working hours, permit or procure permission for BTL to gain access to the location where the Service was installed for the purpose of removing any equipment belonging to BTL.
- BTL may bring an action against the Customer to recover any payment that remains outstanding by the Customer following the termination of Service.
11. RESPONSIBILITY/SECURITY FOR COMMUNICATION EQUIPMENT
- All Service equipment provided or leased by BTL to the Customer shall remain the property of BTL. The Customer is responsible for any damage to, or loss of, equipment rented from BTL and will be charged in the event of such damage or loss.
- All distribution cables and junction boxes installed by BTL on the property occupied by the Customer remain the property of BTL. The Customer is responsible for ensuring that these items are secured to prevent unauthorized access.
12. ALLOCATION AND USE OF TELEPHONE NUMBER/NUMBER PORTABILITY
- Subject to any statutory or license provisions relating to number portability, where BTL allocates telephone numbers to a Customer, that Customer does not acquire any rights whatsoever in such telephone numbers and shall not make any attempt to apply for registration of the same as a trade or service mark, whether on his own or in conjunction with some other works or trading style.
- BTL may for commercial, operation or technical reasons or in order to comply with the requirement of any competent authority, withdraw or change any telephone number or code or group of numbers or codes allocated to the Customer provided that reasonable notice is given.
13. RESTRICTION AND SUSPENSION OF SERVICE FOR NON-PAYMENT
- BTL reserves the right to restrict or suspend any Service provided to the Customer at any time, should he fail to make payment of any monies due to BTL for any Service provided. Full Recurring Charges will be charged during the period of restriction.
- Restriction or suspension of Service will result if the Customer does not pay his bill by the due date. In those cases where full payment to the Customer’s account is not made, Services on the account may be restricted. Service will only be restored when the account is paid in full, and the restoration fee has been paid.
- Should any default be made in the payment of charges for Services provided to the Customer’s account, BTL shall be entitled to refuse to provide any Service in the future.
- If no payment is received on or before the expiration of 7 days after restriction or suspension for non-payment, BTL reserves the right to remove all BTL equipment from the Customer’s premises.
- A Customer whose Service has been ceased due to the non-payment of a bill will be required to settle all amounts due and in addition, must comply with the requirements which apply to the restoration of Service.
- BTL reserves the right to restrict, suspend or terminate any Service to a Customer who damages or destroys any BTL equipment used to provide the Service. BTL will discontinue or terminate any Customer who makes or permits use to be made of BTL’s telecommunication equipment, poles, lines or otherwise in a manner or for a purpose which is not authorized by BTL or is contrary to these Terms and Conditions of Service and any Service Literature, or who performs activities deemed by BTL to constitute an infringement of BTL’s license to provide Telecommunication Services.
- BTL may bring an action against the Customer to recover any payment that remains outstanding by the Customer following suspension of Service.
14. EXTERNAL REMOVAL OR TRANSFER OF SERVICE
- Telecommunication equipment will be installed where first directed by the Customer. A change to any other location will be charged for at BTL’s standard rates.
- The same terms and conditions apply for an external removal as in providing new Service. A non-refundable fee will be charged for the transfers.
- The Customer is required to apply for any external removal or transfer of a Service at least 30 days prior to the date Service will be required at the new address. Any outstanding bill at the old address will remain as part of the Customer’s account balance.
15. TRANSFER OF CUSTOMER’S SERVICE
- BTL will allow an existing Telecommunication Service to be transferred from one Customer to another Customer upon the following conditions:
i. Receipt by BTL of the notarized written consent of the existing Customer and the proposed transferee Customer;
ii.Payment of all amounts due to BTL for Service to the existing Customer; and
iii.Payment by the proposed transferee Customer of all amounts owed to BTL for any previous Service to him.
- The transferee Customer is deemed to have accepted all the terms and conditions of Service which applied to the existing Customer.
- Notwithstanding the above, if the transferee Customer is not an existing Customer, he will be required to comply with the requirements of BTL’s credit policy which apply to new applicants.
- BTL shall make all reasonable efforts to provide smooth, uninterrupted Services. However, where Services are interrupted, the Customer agrees that BTL shall not be held liable for any damages, loss, loss of profits (whether direct or indirect), loss of business or anticipated savings, or for any incidental, indirect or consequential loss or damage whatever.
- BTL shall not be held liable whether in contract, tort or otherwise for any harm or injury or loss resulting from the Customer’s acquisition and or use of a Service and the Customer shall indemnify and hold BTL harmless from any claims (including attorney’s fees and other costs of litigation or defense) resulting from use of a Service causing direct or indirect harm or injury to another person or property.
- In no event will BTL be liable for the acts, omissions or delays of third party vendors to BTL as long as BTL has made reasonable efforts to obtain the necessary services on a timely basis.
- There are no warranties, express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose.
- BTL shall not be liable for and shall be fully indemnified by a Customer against any claim or loss, expense or damage, for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of BTL trademarks, service marks or any other injury to any person, property or entity arising out of the material, data or information transmitted.
BTL does not guarantee the lifespan of its equipment and lines, but undertakes to make repairs to all equipment and lines that are reported faulty and replace the equipment and lines that are not repairable for the duration of the service.
18. INFORMATION ABOUT DIRECTORY
- Changes in the information contained in a telephone directory for subsequent directory listings should be notified in writing to BTL. A standard listing will consist of a Customer’s name, address and telephone number.
- One standard listing only, is allowed without extra charge in respect of each exchange line, Cellular and E-mail provided to a Customer. Extra listings are allowed on payment of a fixed Charge to BTL.
- BTL will provide one standard listing only for fax numbers in the fax portion of the directory. On payment to BTL of the approved rate, Customers may have an additional fax listing in the white pages.
- Standard listings and extra listings may be inserted in heavy type upon payment to BTL of the appropriate charge.
- A copy of every issue of a telephone directory is supplied free of charge for each PSTN number that a Customer has.
- Notwithstanding a directory listing, a Customer’s telephone number may be changed at any time as the exigencies of BTL’s business may reasonably require. Reasonable advance notice of a changed number will be given to a Customer.
- Unlisted service means that the Customer’s telephone number is not listed in a telephone directory, nor is it available through the Directory Assistance Service offered by BTL. A charge will be made for this service. BTL makes every effort to maintain the confidentiality of unlisted numbers. This confidentiality is not extended to BTL’s Caller ID Service, unless a Customer applies for Caller Line ID Restriction (CLIR). Where BTL agrees to keep a Customer’s telephone number unlisted, it does so without obligation. BTL will not accept liability for any damages which may arise from erroneously publishing such a number in a telephone directory or for accidental disclosure.
- BTL’s liability for any errors or omissions in any directory listing is limited to the charges made for the listing itself.
19. DEATH OF CUSTOMER
In the event of the death of a Customer, unless BTL is notified of such death and directed to discontinue Service as of a specified date, the person occupying the premises where the deceased Customer’s Service is located, shall be held responsible by BTL for all Telecommunication Charges for the use of any Service provided.
20. ROAMING SERVICES
BTL will make its best efforts to coordinate the implementation and maintenance of Roaming Services in conjunction with the telecommunications company (s) that provide the mobile service in the country to which you are traveling. BTL shall not be liable for damages caused by the interruption of the service caused by the service provided by the company providing telecommunication services in the country you visit. Likewise, The Company will make its best efforts to guarantee to you a satisfactory international service, according to the established terms and conditions and the service level agreement established by the service provider of the Roaming service in the country that you visit.
21. SOLIDARITY GUARANTOR
BTL may require the constitution of a guarantor and joint guarantor of the obligations assumed by you at the time of installation or activation of the Services, which will undertake to respond to the Company with its present and future assets in case of any breach thereof. Failure to pay one or more of the monthly installments or any other charges assumed by you, will put you in default of full entitlement, being demanded the entire debt, without the need for any judicial or extrajudicial formalities and without a deadline for that the Company exercises its right to payment.
22. LOST OR STOLEN EQUIPMENT
If your SIM card or cell phone is stolen or lost, you must report the loss through BTL. You may be required to provide evidence of such loss or theft, such as a letter from the police and any additional documentation, for purposes of suspension of service and avoidance of unwanted consumption. We will deactivate the Service upon being notified of the loss or theft of the equipment. You are responsible for all charges in the Services until such time as the loss of equipment report is recorded by The Company.
No failure to exercise and/or delay by BTL in exercising any right or remedy pursuant to this Agreement shall operate as a waiver of such right.
If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. BTL can replace any section or condition that is not legally effective with a clause or condition of similar meaning that is.
25. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the Laws of Belize.
Some Customers may receive a Service pursuant to a written contract with BTL. When such written contract exists, contract terms which are different from the general terms contained in this document shall govern the Services provided to a Customer. Terms and Conditions of Service contained in this document which are not inconsistent with the written contract shall also apply.
© Copyright 2014, Belize BTL Limited. All rights reserved.
Date of Last Modification: August 28th, 2014