ACCEPTABLE USE POLICY FOR REVOICE LANDLINE PHONE SERVICE

 

The Service; Acceptance by Customer Systems Resources Group Ltd referred to as “SRG” or “the Company” whose registered office is located in Nassau, Bahamas agrees to provide to you (“you”) the service(s) (the “Service”) as are specified in the contract, subject to the terms and conditions set forth in this Agreement, which shall take effect from the date of your sign-up. This Agreement covers both the Service and any equipment (“Device”) that is used in conjunction with the Service. By activating the Service, you represent that you are of legal age to enter into this Agreement and agree to be bound by these terms and conditions.

Service Subscription; Lawful Use of Service
  1. You agree that you will not resell the Service or the Device. You agree not to transfer ownership of the Service or Device without the consent of the Company. You agree not to move the Device to any other location other than the registered location. You agree not to charge for the use of the Service.
  2. You agree that the Service will only be used for lawful purposes and that the transmission of any material or information arising from your use of the Service will not violate any applicable law or regulation of The Commonwealth of The Bahamas or any other jurisdiction.
  3. You acknowledge personal liability for any and all use of the Service and/or the Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless The Company against any and all liability for any such use.
  4. If you have subscribed to The Company’s Residential services, you agree that the Service and Device are provided to you as a residential user for your personal, residential, non-business and non-professional use and that usage patterns will be reflective of such. In order to maintain a fair service of high quality to any customer wishing to make unlimited calls for a monthly fee, effective October 2nd, 2012 customers must not exceed the minutes of their selected plan more than once otherwise you will be charged the applicable residential call rate for the excess minutes. You acknowledge that The Company reserves the right to require you to pay higher rates for all service during any period in which it determines, in its sole and absolute discretion that your use of the Service or Device was or is inconsistent with normal residential use.
  5. If you have subscribed to The Company’s Residential services, the Service and Device are provided to you as such a user. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting, or other similar activities.
  6. If you have subscribed to the Company’s Residential services, The Company reserves the right to terminate or modify your Service if we determine, in our sole and absolute discretion, that you have violated any of the above restrictions, or that the Service is being used in a manner that is inconsistent with any of the foregoing.
Charges and Billings
  1. Charges and Fees You Must Pay. You agree to pay all charges associated with the Services, as applicable including, but not limited to, installation/service call charges, monthly service charges, Device charges, measured and per call charges. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law.
  2. How We Will Bill You. Unless you are subject to a minimum term arrangement, Services are provided to you on a month-to-month basis. You will generally be billed monthly, in advance, for recurring service charges, equipment charges, and fees. YOU MUST PAY, ON OR BEFORE INSTALLATION OF ANY OR ALL OF THE SERVICES, THE FIRST MONTH’S SERVICE CHARGES, DEVICE CHARGES, ANY DEPOSITS, AND ANY INSTALLATION CHARGES. Your first bill will include pro-rated charges from the date you first begin receiving Services, as well as monthly recurring charges for the next month and charges for non-recurring services you have received. You may be billed for some Services individually after they have been provided to you; these include but are not limited to measured and per-call charges (”toll charges”). If you receive Service(s) under a promotion, after the promotional period ends, regular charges for the Service(s) will apply.
  3. We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts and proportions that we determine.
  4. The Company reserves the right to require credit references and/or a security deposit prior to activation of the Service.
  5. Where applicable, toll charges in relation to the Service shall begin when calls are answered, that is, when a connection is made between your telephone and some other device (including, without limitation, a person, an answering machine, wrong number, a voicemail box, or fax machine). Charges cease upon disconnection of the calls. Minimum connection time is one (1) minute.
  6. You shall be responsible for all charges and fees incurred on and billed to your account, whether with or without your knowledge and consent, therefore you are advised to take all such steps necessary to safeguard access to the Services to prevent unauthorized use.
  7. Should you dispute any amount set forth in the invoice, you shall be required to send written notice to The Company at www.accounts@indigonetworks.com or hand delivered to our offices addressed to the Financial Controller, (please ensure that your account number is provided) within fifteen (15) days of the date of the invoice; otherwise, the invoice will be deemed accepted by you as correct. In the event of a dispute, The Company will investigate the matter and notify you of its findings, which shall be conclusive. Should you wish to dispute the invoice after 15 days, The Company may charge a reasonable fee for carrying out such an investigation. If following such an investigation The Company finds your account was in fact incorrect, that fee will be refunded to you.
  8. Invoices not paid by the due date shall be subject to a late payment charge. Further, a returned payment fee shall be charged to your account if your payment is rejected for any reason. The Company reserves the right to continue provision of the Service on a prepaid basis only or to impose a credit limit on your account with respect to usage charges (billed and unbilled) as is reasonable in the circumstances. The Company may suspend the service if you exceed such credit limit, until The Company has received full payment of the outstanding charges.
  9. In the event your account contains an overdue balance, The Company may, in its sole discretion, suspend or terminate the Service at any time.
  10. We may change our prices, fees, the Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, The Company will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
  11. Third party fees. You acknowledge that you may incur charges with third-party service providers, when using features such as call forward dependable, and call forwarding calls to other service providers. You are solely responsible for all such charges payable to third parties, including all applicable taxes in other jurisdictions. We may recover from you the third party charges and failure by you to pay same to us may constitute a breach of the terms of this Agreement.
  12. The Company has entered into agreements with third party provider(s) to provide invoicing and billing, credit and collection, maintenance and installation for the Service and the Device. These third party provider(s) may also provide their own services. The invoice you receive on our behalf will clearly indicate the applicable Service and Device provided by the Company. By subscribing to the Service you consent to the Company sharing your account information with the third party provider(s) to the extent necessary for them to perform the contracted services.
  13. You agree the availability of your invoice online will constitute delivery of your invoice to you.
Bundled Services

The monthly rate for all bundled services will apply while you subscribe to all qualifying services. If one or more services are terminated or suspended, the standard monthly fee will apply to each remaining service. Bundled services may be available in select areas. Qualifying services required. Service bundles are composed of voice, internet or cable television. There may be minimum contract terms and will be indicated in the promotional advertising.

Emergency Services – 911 and 919

Dialing Emergency Services may not function in the event of an extended power failure or broadband/Internet disruption, or relocation of your Device from the registered location. If there is an interruption in the power supply, the Service, is provided with temporary backup power supply and continued use of the Service in these circumstance is dependent on you providing an analogue phone, or a phone with a backup power supply. You agree to indemnify and hold harmless The Company, its directors, officers and employees against any and all liability for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to dialing Emergency Services. To ensure correct emergency call routing, the Service Address provided to the Company must correspond to the physical location of your Service. Failure to do so will result in your 911 or 919 calls being misdirected. Dialing Emergency Service will not function in the event your Service is disconnected, suspended or terminated.

Tampering with the Device or Service

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device. The Company reserves the right to terminate the service, without refund, if we believe, in our sole and absolute discretion that you have tampered with the Device. You agree that you shall not attempt to hack or otherwise disrupt the Service or make use of the Service that is inconsistent with its intended purpose.

Theft of Device or Service

You agree to notify The Company immediately in writing, or by calling The Company’s customer support line, if the Device is stolen or you become aware at any time that your Service is being stolen or fraudulently used. Until such time as The Company receives notice of theft or fraudulent use, you acknowledge that you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

Ownership of the Device

You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device. You also acknowledge that technological developments and software advances may make your Device obsolete. This may require you to obtain another Device in order to continue to utilize the Services.

Termination; Suspension of Service
  1. Either party may terminate this Agreement at any time upon 30 days written notice to the other party unless terminated as provided herein.
  2. The Company may, at its absolute discretion and without notice immediately suspend or terminate the Service;
    1. if you fail to pay any charge or other amount due hereunder;
    2. should The Company, in its sole opinion, determine that activity has occurred which interferes with or compromises the integrity of The Company’s computer network or equipment;
    3. if you otherwise commit a breach of any term of this Agreement.
  3. No suspension or termination of the Service will end your obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. In the event that action is required to recover outstanding amounts, you shall be liable for all costs of collection, including legal fees and expenses.
  4. Should the Service be suspended or terminated for any reason hereunder and should The Company subsequently agree, in its sole discretion, to reinstate the Service, you shall be required (i) to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service; (ii) to pay a deposit, the amount of which will be determined at the sole discretion of The Company prior to reinstatement of service. The Company may choose not to restore the Service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension or termination.
  5. The Company will charge a disconnect fee per voice line on termination of Service relating to rental equipment. . Renters will be entitled to refund of the disconnect fee on return of the Device(s) to The Company within 14 days of termination of Service, provided (i) you return the Device in its original packaging; (ii) the Device is undamaged and in original condition, reasonable wear and tear excepted; (iii) all parts, accessories, documentation and packaging materials are returned.
Limited Warranty for Device

If you received the Device new from The Company, then The Company will provide a limited warranty on the Device as to manufacturing defects only for a period of sixty (60) days from the date of installation of Service. This limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any other defect or damage, howsoever caused. OTHER THAN THE LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE OR SUITABILITY OR INFRINGEMENT OR RELATING TO PATENTS, COPYRIGHTS OR THE LIKE OR ANY WARRANTY THAT THE DEVICE IS ERROR FREE OR WILL MEET YOUR REQUIREMENTS.

No Warranty on Service

THE COMPANY MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO THE SERVICE. INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, OR INFRINGEMENT OR RELATING TO PATENTS, COPYRIGHTS OR THE LIKE, OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. The Company shall have no liability to you or any person using the Service or Device provided to you, for direct, indirect, special, incidental, consequential or other ancillary damages caused by the Service or by inadequacy, deficiency, defect or failure to provide the Service, including Emergency Services, at any time or from time to time, or any interruption or degradation of quality, loss of data resulting from delays, non-deliveries or wrong deliveries, or Service interruptions from any cause whatsoever, loss of income, loss of profit or failure to realize expected savings, whether or not The Company is or should have been aware of the possibility of any of the foregoing, and whether or not any of the foregoing results from acts, omissions or negligence. You agree that should The Company be liable to you for any damages whatsoever, such liability shall not exceed the amount of the usage charge for the Service paid or payable by you during the calendar month in which the claim that gave rise to the damages arose.

Disclaimer
  1. The Company disclaims any express or implied warranty or condition that goods, services or systems purchased are technically immune from or prevent fraudulent intrusion and/or unauthorized use, including but not limited to interconnection to the Internet, other public data network or long distance telecommunications network. You are hereby warned that fraudulent use is possible and you assume the risk of such.
  2. The Company disclaims any express or implied warranty or condition that goods, services or Device are technically immune from or prevent unlawful and/or unauthorized utilization that may result in invasion of your or any third party’s right to privacy. The Company hereby warns you that such is possible and you assume the risk of such.
Insurance

The Company offers insurance on the Device. You may elect to purchase the insurance offered by the Company which covers manufacturing defects or malfunctioning of the Device. The purchase of insurance is optional and you are not required to take it. If you elect to purchase the insurance, a charge will appear on your monthly invoice. Intentional damage, tampering or misuse of the Device is not covered by the insurance.

Customer Indemnification

You hereby agree to defend, indemnify and hold harmless The Company, its directors, officers and employees from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) arising from you, or any person using the Service or Device provided to you, including dialing Emergency Services. This paragraph shall survive the termination of this Agreement.

Quality of Service

Credits or refunds will be provided only in the event that Service is interrupted for more than 3 days under normal operating conditions. The following will not constitute normal operating conditions Act of God, lightening, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or hurricane and the immediate aftermath. You must report the interruption and time commences running on the report of the interruption. Service issues can be reported to customer service at 677-1111, support@indigonetworks.com or at our offices. Credits or refunds must be requested by contacting our customer service at 677-1111 or accounts@indigonetworks.com or at our offices. Please see site for Refund Policy. Adjustments are calculated using the following formula = number of days without service – 3 days multiplied by daily rate of service = amount of credit

Directory Listing

The Company provides for an optional single directory listing on its website free of charge. You may elect to not have your name and number displayed in the directory listing and there is a charge for this privacy.

General Provisions
  1. This Agreement and the rates for Services found on The Company’s website constitute the entire agreement between you and The Company. Changes to this Agreement may be made by The Company from time to time, by notice posted on the Company’s website at www.indigonetworks.com. The notice shall indicate the effective date for any changes. You agree that such changes will become binding on you on the date posted, and no further notice by The Company is required.
  2. A complete version of Terms and Conditions, prices and tariffs is also available on the web site www.indigonetworks.com. You may request a copy of the terms and conditions, prices and tariffs.
  3. No delay or omission of The Company to exercise any right or remedy will impair any such right or remedy or be a waiver of any breach or default, nor will a waiver of any single breach or default, which must be in writing, be a waiver of any other breach or default.
  4. This Agreement shall be governed by the laws of The Commonwealth of The Bahamas, and The Company and you agree that jurisdiction shall be had in the Courts of The Commonwealth of The Bahamas.
  5. Any provision of this Agreement which is unlawful or unenforceable under any applicable law shall be ineffective as to such applicable law without invalidating the remaining provisions hereof, and shall be replaced with a provision which is valid and enforceable and which mirrors the intent of the invalid or unenforceable provision.
  6. You agree that service of any notice required under this Agreement will be effectively served if it is placed on your online account with the Company and/or sent to the last electronic mail address provided by you.
  7. This Agreement shall not be assignable by you; However the Company shall be entitled to assign the Agreement in whole or in part without your consent.