General Terms and Conditions
This is an Agreement between the customer shown on the reverse side (Subscriber) and Bermuda Digital Communications Ltd., doing business as CellOne ® (CellOne) for the provision of cellular radio telecommunications service (Service), subject to all applicable government laws, rules, regulations and terms of CellOne's tariffs. CellOne is a registered trademark licensed to Bermuda Digital Communications Ltd. at 22 Reid Street, Suite 3, Hamilton HM 11, Bermuda.
1. AVAILABILITY. Service is available to the Subscriber's cellular telephone receiving equipment (Unit) only when it is with in the operating range of CellOne's cellular system (Service Area). Service is subject to transmission limitations caused by atmospheric to topographical conditions. Service may be temporarily refused, interrupted, or curtailed due to governmental regulations or orders, system capacity limitations, or equipment modifications, upgrades, relocations, repairs, and similar activities necessary or appropriate for the proper operation of the Service. CellOne is not responsible for service problems attributable to the Unit. CELLONE MAKES NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR OTHERWISE, EITHER EXPRESS / OR IMPLIED, WITH RESPECT TO THE CELLULAR SERVICE.
2. USE OF SERVICE. Service is furnished for use by Subscriber only and not for resale. Orders for activating, changing or terminating service will be accepted by CellOne only from the Subscriber. CellOne shall have the right to change telephone number assignments from time to time by giving notice of the change to Subscriber. Subscriber has no proprietary rights to any telephone number. Each telephone number can appear in only one Unit. Subscriber is responsible for ensuring that the Unit is technically and operationally compatible with the cellular system and in conformance with rules and regulations of the Bermuda Department of Telecommunications Commission. Subscriber agrees not to use his / her Unit for any unlawful or abusive purpose or in such a way as to create damage, liability or risk to CellOne, its employees, facilities or agents or to the public generally.
3. DEPOSITS. CellOne reserves the right at its sole discretion to require a Subscriber or proposed Subscriber to made a deposit satisfactory to CellOne to be held as a guarantee of payment of charges. Deposits received may be commingled with other CellOne funds and shall accrue no interest. CellOne may apply deposit to satisfy any outstanding balance of Subscriber. The fact that a deposit has been made does not relieve Subscriber from prompt payment of bills, nor does it constitute a waiver or modification of the provisions of the Agreement allowing discontinuance of Service for nonpayment of any sums due. Deposits are held until 60 days after the cancellation of Service.
4. IMDEMNITY. Subscriber shall indemnify CellOne against all costs, expenses, claims and liabilities arising from Subscriber using his / her Unit for any unlawful or abusive purpose or in such a way as to create damage, liability or risk to CellOne, its employees, facilities or agents or to the public generally.
5. CHARGES. The MONTHLY FEES and recurring FEATURES CHARGES specified on the reverse are billed one month in advance, with the charges prorated for lesser periods of time.
6. RATE CHANGES. CellOne reserves the right to change rates for service at any time. Subscriber agrees that any rate reduction is acceptable and shall become immediately effective without notice. CELLONE SHALL PROVIDE SUBSCRIBER 30 DAYS ADVANCE NOTICE OF RATE INCREASES, AND SUBSCRIBER AGREES TO BE BOUND THEREBY UNLESS CELLONE RECEIVES WRITTEN NOTICE CANCELLATION FROM SUBSCRIBER NO LATER THAN TWENTY (20) DAYS AFTER THE DATE NOTIFICATION OF INCREASED RATES WAS MAILED. Notwithstanding the foregoing, CellOne cannot predict, nor can it control the timing or size of increases in certain charges, including but not limited to charges for directory assistance, interconnection, and operator-assisted charges, which may be provided by the local telephone CellOne or other carriers. CELLONE ASSUMES NO LIABILITY FOR FAILURE TO NOTIFY SUBSCRIBERS OF CHANGES IN RATES FOR SERVICES PROVIDED BY OTHER CARRIERS, AND SUBSCRIBER AGREES THAT IT WILL PAY CELLONE FOR ALL SUCH CHARGES INCURRED ON BEHALF OF SUBSCRIBER.
7. BILLING, INTEREST AND SERVICE CHARGES. Subscriber is responsible for, and agrees to pay all charges for services furnished, including without limitation, airtime usage charges for all calls originated and received on each cellular telephone number, any applicable landline charges, and toll and roamer access charges resulting from the origination of calls to or from points outside CellOne's Service Area. All charges are payable by the payment due date indicated on the monthly statement. BALANCES NOT RECEIVED BY THE PAYMENT DUE DATE ARE SUBJECT TO A SERVICE CHARGE OF $3.00, AND CELLONE MAY ASSESS INTEREST ON BALANCES OUTSTANDING MORE THAN 30 DAYS IN THE AMOUNT OF 1.5% MONTHLY, OR THE MAXIMUM AMOUNT PERMITTED BY LAW, ANY CHARGE DISPUTED BY SUBSCRIBER MUST BE REPORTED AND RECEIVED BY CELLONE WITHIN 60 DAYS OF DATE THE CHARGE WAS INCURRED, OR SUBSCRIBER WAIVES HIS / HER RIGHT TO DISPUTE SUCH CHARGE.
8. DEFAULT AND REMEDIES. Subscriber shall be in default of this Agreement if it: (i) fails to make payment of any sum due hereunder; (ii) fails to perform any of his / her obligations at the time and in the manner specified under the terms of this Agreement. In the event of default by subscriber, and in addition to any other remedies available to CellOne under the terms of this Agreement and applicable law, CELLONE SHALL HAVE THE RIGHT TO DISCONTINUE SERVICE TO SUBSCRIBER, WITHOUT NOTICE. In such event, all charges incurred on Subscriber's behalf or account shall become immediately due and payable. In addition, Subscriber agrees to reimburse CellOne for all attorney's fees, legal, court, collection costs, and any other cost necessary to collect amounts due from Subscriber. In the event CellOne agrees to restore suspended or disconnected Service to Subscriber, Subscriber shall pay a reconnection fee, in the amount of $40.00, or pay the amount then ordinarily charged by CellOne, whichever is less.
9. PHONE THEFT / FRAUD In the event Subscriber's equipment is lost, stolen or otherwise absent from Subscriber's possession or control, or if Subscriber suspects that the cellular number is being used fraudulently by unauthorized third parties, Subscriber shall be liable for all usage, toll, long distance, and / or roaming charges attributable to Subscriber's cellular number until any such occurrence is reported to CellOne. Subscriber shall provide a police report or a sworn statement of such occurrence upon CellOne's request. Thereafter Subscriber shall not use the assigned cellular number until CellOne is notified in writing that the equipment has been recovered by Subscriber.
10. CHOICE OF LAW. This Agreement shall be governed by applicable Bermuda law, regulation of the Bermuda Telecommunications Commission and by any tariff filed by CellOne.
11. SUBSCRIBER CAPACITY. It is understood and agreed that Subscriber is of legal age and has read and clearly understands all the terms of this Agreement. If signing on behalf of a corporation or other entity, Subscriber is fully authorized to sign on behalf of such entity.
12. ASSIGNMENT. CellOne may assign in whole or in part its rights or duties under this Agreement, without notice to Subscriber and upon such Assignment, CellOne shall be released from all liability hereunder. Subscriber may not assign this Agreement. This Agreement shall apply to, inure to the benefit of, and be binding upon the heirs, successors, assigns and personal representatives of the parties.
13. SEVERABILITY AND WAIVER. Should any part or portion of this Agreement be found invalid, the balance of the provisions shall remain unaffected and shall be enforceable. CellOne's failure to demand strict performance of any provision shall not diminish CellOne's right to thereafter demand strict compliance with any provision.
14. LIMITS OF LIABILITY. Except as is specifically set out in these conditions of service, CellOne shall have no liability under the terms of this agreement (including incidental procedures for the operation thereof) or for its negligence or otherwise: a) for any failure in the provision of service or any products or devices used to provide such service or b) For any indirect loss, loss of business, revenue, profit, expected savings, wasted expense, financial loss or loss or harm to date. In no event shall any damages or credits payable by CellOne exceed the amount of prorated monthly charges to subscriber for said Service during the affected period.
15. SUBSCRIBER COPY. Subscriber acknowledges receipt of a copy of this Agreement. This agreement represents the final and entire agreement of CellOne and Subscriber and replaces and supersedes all prior or contemporaneous agreements, representations, negotiations or contracts, verbal or written, between the parties hereto.
16. AMENDMENTS. Except as otherwise indicated in this Agreement, no amendment, modification, adjustment or change to the terms of this Agreement shall be binding upon either party unless made in writing and signed by both parties.
17. INSTANT CREDIT. Where offered by CellOne and upon acceptance by Subscriber, and evidenced on the reverse, Subscriber hereby authorizes CellOne to debit Subscriber's credit card each month for all charges due from Subscriber to CellOne. In the event Subscriber cancels credit card or changes cards, Subscriber must notify CellOne in writing and specify an alternate method of payment acceptable to CellOne to avoid suspended service and reconnection fee.