Terms and Conditions of Service Agreement for Air Link Communications High-Speed Internet & Digital TV services. (Non - Prepaid Service)
These terms and conditions set out the agreement between (1) you ('you', 'the customer' or 'your'); and (2) Air Link Communications Limited ('us', 'we' , ‘Air Link Communications’, or 'our'); for the provision and use of Air Link Communications High Speed Internet & Digital TV service(s) supplied over Air Link Communications networks. Your use of the Air Link Communications 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 Air Link Communications.
The agreement between both parties is legally binding and is governed by the laws of Trinidad and Tobago. 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 of this agreement is 12 months for Bundles, or 1 Month for single service, after the minimum period, this agreement will be automatically renewed. You will be notified before this agreement is renewed. You must keep the Air Link Communications 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, Air Link Communications reserves the right to charge a termination fee of $100 per month for the balance of the agreement. Air Link Communications reserves the right to amend or change the service(s), or these terms and conditions, subject to notifying you of such amendments.
A. INSTALLATION OF SERVICE
1. 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. Upon Signing up for service, Installation Fees (If Applies) and the first Month of service MUST be paid.
2. You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your home. You further agree that anyone authorised 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 authorised to represent you.
3. Installing 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.
4. To provide the service(s), the equipment (e.g. a set-top box or modem) must be connected to equipment belonging to you (e.g. a television or computer). You
5. 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 device.
6. We do not have to connect the equipment at your home or otherwise keep to this agreement if: a. your home is outside our service area or in a part of our service area where no network has been installed, b. we are unable to activate the service(s) on your line or at your home for any reason; c. you do not have a legal electricity supply, provided by an authorised electricity supply company; d. you do not qualify under our current credit policy; e. you are not able to be a customer because you have previously misused our service(s); f. it is not practical to carry out the connection for health and safety reasons or for any other reason.
7. Where we cannot provide the service(s) for the reasons explained above in the above paragraph, we will refund you for any payments you have already made to Air Link Communications for installation or the service(s).
8. Existing customers who are interested in Bundling MUST clear any outstanding payments before entering into a Bundle Agreement with us. No installation fees shall be charged (Unless additional equipment is requested).
B. THE SERVICE
a. As long as this agreement is active we will provide you with our services.
b. Terms and Conditions may be updated from time to time you shall be notified accordingly.
c. 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 Air Link Communications for support. We will notify you if we are monitoring or recording our conversations with you.
d. Some parts of the service(s) (for example, television channels that form part of our television services and other content on, or accessible via, our television services are supplied by other organisations. 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 Air Link Communications will make every effort to give you reasonable notice of any withdrawals and changes where it is possible to do so.
2. Air Link Communications Digital TV
a. You may not use any reception equipment to receive the television services other than the equipment we have provided to you for the express purpose of receiving the television services (such as a set-top box).
3. Air Link Communications High-Speed Internet
Due to the nature of the Internet, we cannot guarantee specific levels of performance for Internet access, up or down speeds. We are also not responsible for third party web site performance, or the performance of your own devices or equipment. We will make every reasonable effort to ensure you receive the best quality of our High-Speed Internet Service
4. Automatic Renewal: This agreement shall be automatically renewed after expiration, once the account is in good standings. Bundles may be terminated no more than one month before the renewal date.
C. SERVICE MAINTENANCE
1. Maintenance services will be provided 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.
2. We will always aim to provide you with the best service possible, but we will not be liable for interruptions, reception, picture degradation or other problems with the television services 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, who will aim to respond as promptly as possible. In many circumstances, it is possible to correct a fault over the phone. If this is not possible, we will send a technician to correct the fault.
3. If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you) we will be entitled to charge you a service fee:
a. Misuse or neglect of, or accidental or willful damage to, the equipment;
b. Fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover;
c. Your failure to keep to this agreement.
4. You are responsible for maintaining any equipment which you own (for example, television sets, phones, computers and so on) that is relevant to the service(s).
5. We are not responsible if you are not able to use the service(s) because your equipment (for example, your computer, network interface card, printer, or other equipment) does not work properly or is not compatible with the system
D. SERVICE USAGE
1. 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):
a. Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
b. Cause annoyance, nuisance, inconvenience or needless worry to, or breach the rights of, any other person;
c. Perform any illegal activity;
d. Break, or try to break, the security of anyone else's equipment, hardware or software;
e. Deliberately receive, use, own, post, transmit or publish obscene material;
f. 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;
g. 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;
h. Use any Internet Protocol (IP) address that we have not assigned to you.
i. 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.
2. Please ensure that the way you use the service(s) does not break the law.
3. The following acts are not permitted: a. copying or recording all or any part of the television services 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) b. re-selling, or making any charge for watching or using, all or any part of the television services or (c). Showing all or any part of the television services to the public even where no admission fee is charged
4. 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.
5. 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.
6. 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 by anyone below that minimum age.
E. EQUIPMENT USAGE
1. Where we hire/rent or loan equipment to you it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need you to provide us with reasonable access to your home.
2. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following: a. Follow the manufacturer's instructions and any other instructions we have given you; b. Keep the equipment in your home and under your control (for example, 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). c. Not tamper with disassembling, misuse, neglect or damage our equipment; d. Not remove, tamper with or cross out any words or labels on our equipment; e. Take proper care at all times to prevent the loss or theft of our equipment.
3. You agree to tell us immediately about any loss, theft or damage to any part of our equipment. 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.
4. 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 of TTD$600 per equipment and/or reasonable recovery costs of the equipment. If we hold any money we may use that money towards the cost of the equipment.
5. If you have purchased any additional equipment, we'd encourage you to dispose of it responsibly if you're no longer using it. Any equipment which you own and which you connect to the system (for example, 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.
6. 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.
8. All remote controls are covered under a ONE (1) year warranty if there are any physical damages done to the remote within the warranty period you will be required to purchase one. Page 3 of 4
F. PAYMENT OF SERVICE
1. You must pay the charges for the service(s) as set out in your agreement or as otherwise notified to you via information available at our Payment Centre, 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 Air Link Communications.
2. You must ensure that your payments are received by Air Link Communications by the due date for outstanding amounts shown on your bill. If you do not pay your bills on time, you will be issued reminder letters, subsequent the reminder, the customer shall be liable for all reasonable collection and/or legal charges incurred by the Debt Collection Company of all and any unpaid invoice balance or any sums payable by virtue of a dishonoured cheque. 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 agreement.
a. 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.
b. You may choose to pay your bills by cash, credit or debit card, or by Direct Debit, either electronically, at Air Link Communications Payment Centre or using designated third party payment facilities.
c. 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.
d. 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.
e. 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. f. 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: i. you access that e-mail account and read the relevant e-mail; ii. you are disconnected from your e-mail account (for any reason); or iii. any other reason (other than our negligence) you fail to read the relevant notifications. g. All payments are due within fourteen (14) days of the billing date.
f. All arrears must be cleared off within three (3) months of disconnection date (Voluntary or Involuntary).
4. 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:
a. Require you to make a payment (which shall be made to Air Link Communications) in advance for future charges;
b. 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;
G. CUSTOMER INFORMATION
1. You must provide promptly and accurately all the information which may be needed so that we can perform our respective obligations under this agreement. You must also tell us immediately if any of your details change.
2. 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.
3. 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
H. AGREEMENT MODIFICATION
1. You may add to or reduce the service(s) you receive from time to time by contacting our customer services team. However should a downgrade or change in service be done, you will be reverted to a regular package (internet or tv) and the agreement penalty will be applied. 2. Air Link Communications may at any time improve, modify, amend or alter the terms of this agreement and/or the service(s) and their content if: a. there is any change or amendment to any law or regulation which applies to Air Link Communications or the service(s) provided to you; b. 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; c. for security, technical or operational reasons; d. the programming or content provided by any relevant programme and service providers on the television services is altered; f. if 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 (g). in all other events, where 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.
I. SERVICE SUSPENSION
1. We may suspend any or all of the service(s) with reasonable notice if: a. 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); b. you exceed any allowance applicable to your service(s) (and in such an instance we reserve the right to reduce the level of service(s) affected); c. maintenance, repairs or improvements to any part of the service(s) or the system need to be carried out; d. we have to do so by law or in line with a third party contract; e. you go over any credit limit on your account; f. 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); g. 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 organisation by using the service(s) or equipment (or both); h. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate, or i. in our reasonable opinion it is necessary to do so.
2. If the service(s) is/are suspended because you have broken this agreement we may make a charge to reflect our costs in connection with suspending and starting the service(s) again. In normal circumstances you must pay this charge before you can use the service(s) again (Clear your Bill). 3. Ending this agreement 1. 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.
3. If we break the terms and conditions of this agreement, you're free to end this agreement without penalty.
4. We may end this agreement immediately by giving you notice: a. if our authority to operate as a telecommunications provider is suspended for any reason; b. if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
5. 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 services. You will no longer be able to use the equipment.
6. If you fail to return or make available for removal any item of the equipment which we have rented 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 equipment.
7. If this agreement is ended for any reason, or if any of the service(s) is 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 agreement. We'll 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.
8. We may end any of this agreement immediately if: a. 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; b. 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 organisation by using the service(s) or equipment (or both); c. 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) of; d. 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); e. any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason; f. we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority; g. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or h. We are specifically entitled to do so under any other section of this agreement.
9. If you break this agreement and we choose to overlook it, we can still end the agreement with you if you break it again.
10. If we end this agreement because you have broken this agreement as during any relevant minimum period, we are entitled to: (a) charge you for any charges (b) prevent access to; and/or (c) disrupt access to; those service(s).
11. 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.
K. CHANGE OF LOCATION
1. 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. Should your new address be out of our service area, this agreement shall be terminated (Termination fees may be applicable).
1. You authorise 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: a. 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 b. Inspect any apparatus and equipment (like your TV or computer) which you may keep there
2. 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.
3. 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 the use or easy access to it.
4. You confirm that you are a. the current owner of the home; or b. a tenant under a valid lease; and or c. a licensed occupier of the home.
5. We cannot normally be required to remove permanent installations if you terminate this agreement or move from your home.
M. LIABILITY TO YOU
1. Our liability to you is limited as set out in paragraphs M2 to M6.
2. We will not be liable to you for: a. 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); b. 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; c. 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.
3. 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.
4. 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).
5. If you deal with any other individuals or organisations 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.
6. We will not be liable to you for the contents of any material from other individuals or organisations 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 Page 4 of 4
N. MATTERS BEYOND OUR REASONABLE CONTROL
1. 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.
1. 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 Air Link Communications should be given in line with the directions set out on the "Contact Us" area of the Air Link Communications website or via the Company Facebook Page. 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.
P. AGREEMENT TRANSFERENCE
1. 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. COMPLAINTS RESOLUTION
1. This agreement will be governed by Trinidad & Tobago law. If any provision is found to be unenforceable it shall not invalidate the remainder of this agreement.
2. We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame.
You may be eligible for a rebate ONLY if:
1. Air Link communication fails to resolve the Reported Issue within 7 working days.
2. Rebate valued $50 and over
NOTE: Rebate application may only be considered from the date of the Official Report made by the customer.
S. DISCLOSURE FOR CREDIT BUREAU CLIENTS
By signing this document you are authorizing and granting consent of Air Link Communications Ltd. whether acting on its own, or through any Credit Reporting Agency, to seek or obtain, verbally or in writing and/ or to exchange release any information relating to my / past credit history and dealings in Trinidad and Tobago or elsewhere, with any third parties which the Credit Grantor may consider pertinent in arriving at an informed decision of my / our creditworthiness or credit rating.