Broadband Residential Service Terms And Conditions
1. GENERAL CONDITIONS
1.1. if the customer’s outstanding charges remain unpaid for more than one month from the date of invoice, the customer’s connection may be terminated without prejudice to the rights of Internet Services Fiji Limited Trading As CONNECT INTERNET SERVICES (hereon referred to as CONNECT throughout this document) to recover the outstanding charges.
1.2. CONNECT makes no warranties of any kind, either expressed or implied as to the fitness of this service for any particular purpose. Connect takes no responsibility for any loss or damage resulting from or arising out of the use of the service, service interruptions, slow delivery or no delivery of information.
1.3. This service proved by CONNECT may only be used for lawful purposes. Transmission of any material in violation of the laws of The Republic of Fiji is prohibited. This includes, but is not limited to, copyrighted or trade secret protected material, threatening or obscene material.
1.4. Use of any information via this service is at the customer’s risk. CONNECT takes no responsibility for the accuracy or quality of information transmitted or received. The customer acknowledges that if the customer uses another person’s organization proprietary material, then the customer shall be subject to permission and usage policies of that person or organization.
1.5. If the customer has used shareware, trialware or any software provided by CONNECT, then the customer will be subject to conditions stated by the developer of that product, such as usage, registration, payment etc. Also if the customer changes ISP in future, the customer (you) will have to return IP address allocated to CONNECT.
1.6. This service is provided on the basis that it is for the customer’s use only and will not be offered (free or otherwise) or resold to external organizations or individuals.
1.7. Any other products and/or services provided in addition to those listed in this document may incur additional charges.
1.8. CONNECT reserves the right to immediately suspend or cancel the services mentioned in this document when CONNECT decides that the account/service has been inappropriately used.
[See CONNECT Acceptable Use Policy].
1.9. CONNECT reserves the right to withdraw the service if it deems that quality degradation in service delivery has occurred due to circumstances beyond its control.
2. YOUR RESPONSIBILITY
2.1. It is your responsibility to obtain permission from your landlord to mount/install wireless outdoor unit (if applicable) and also to do any internal wiring into the building and power supply that would be needed to run the device. This is to be provided in writing to CONNECT before application form can be processed and approved.
2.2. It is your responsibility for all access to and use of the Service through your account. You will not redistribute the service to other organizations. You may permit another person to use your account from time to time but you assume all responsibility and liability for the activities that person conducts on-line and for any material to which that person is exposed.
2.3. You shall keep the password confidential (equipment access passwords or all relevant passwords that may allow gain to your terminating equipment). You must notify us immediately if you lose your password or change your password at any time.
2.4. You are responsible for all equipment and software necessary to access the Service as well as the
security of your data.
2.5. Your use of the Service is your responsibility and entirely at your own risk. We do not check the content of information available from the Service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of data caused by a virus or similar program.
2.6. Some material on the Internet may be offensive, inappropriate or unsuitable. You acknowledge this and that we do not accept any responsibility for contents offered by other individuals or companies on the Internet or for any other information whatsoever passing through the Service.
2.7. You agree that no minor or any other person will access the Service using your account unless they have your express permission and are under your personal supervision and this service cannot be resold for commercial purposes, unless prior authorization is obtained from CONNECT and TFL. Any breach of the above term will result in immediate termination of this agreement and service without any prior notice however you will be still liable for any unpaid charges.
2.8. You must inform CONNECT immediately if your service location changes (moved to a new location) or if your postal or billing address changes. CONNECT cannot guarantee service due to change in location and reserves the right to cancel the service.
2.9. You must inform CONNECT of any changes to your company name or status of your company immediately (not applicable to residential users).
2.10. It is your responsibility to maintain and manage data traversed through the connection at all times. All management of data or content management is your responsibility and you shall be responsible for all data (including SPAM/Junk Mail or Virus Attacks) traversed through your internet circuit.
CONNECT requires you to have updated antivirus software at all times for your data security. In case where traffic causes excessive resource utilization on the (CONNECT) Connect interfacing equipment or network that results in degraded performance for other CONNECT customers, CONNECT reserves the right to immediately downgrade or suspend service without prior notice.
2.11. You recognize and acknowledge that it is illegal for any internet service provider, operator or any Individual to use your internet access circuit for reselling voice services. Any reselling of voice services over Internet Protocol (IP) is deemed illegal, which may result in CONNECT terminating your services.
2.12. Your daily usage can be obtained by accessing our website: http://www.connect.com.fj. You should obtain a valid username and password if one is not provided. CONNECT suggests you check your volume (usage) on a regular basis. If there are any anomalies found, please immediately contact any CONNECT customer care representative.
2.13. You are responsible for the cost of any equipment that may be stolen OR willfully damaged while in your possession. An assessment of the damage will be made and determination of the cost of the same will be advised to you. Only upon payment of the damage will you be issued with replacement equipment which will still remain the property of Connect. For equipment that is damaged by force of nature, ONLY hurricanes, cyclones, earthquakes or tidal wave, will be replaced by Connect.
3. TERMINATION OF AGREEMENT
3.1. We reserve the right to terminate this Agreement, suspend or terminate your access to the Service at our sole discretion at any time without liability if we deem there is a breach of agreement terms and conditions set herein.
3.2. The service may be temporarily suspended or downgraded if we find that your volume usage pattern is irregular from your known usage pattern.
3.3. You may terminate this Agreement with 30 days written notice to us if the agreement is terminated before the end of contractual term. You will remain liable for any charges you incur up to the effective date of termination. No refund of fees, including monthly access fee, will be granted and no on-line time credited to your account will be redeemable to cash or any other form of credit.
3.4. CONNECT reserves the right to amend the terms and conditions (sections 1 to 2) set herein within a thirty day notice (30 days). Amended terms and conditions shall be addendum to any valid agreements in force at that time. Price changes shall be provided in writing. You shall be liable for any charges up to the date of termination of service by either party.
3.5. CONNECT will continue billing the monthly rental unless a written notice is provided to CONNECT stating the disconnection of service by TFL (applicable to ADSL). A reconnection fee and deposit may be charged.
3.6. CONNECT reserves the right to terminate all or partial internet service if a dispute is between the customer (you) and the Infrastructure providers (TFL) or if there is a breach of any TFL or CONNECT terms and conditions.
4. CHARGES, CREDIT STATUS AND BILLING ROCEDURES
4.1. Access to, and the use of the Service is charged in ccordance with CONNECT published Rates unless therwise specified and agreed to between CONNECT and You (Customer). An agreement shall be in writing with a valid quotation reference number.
4.2. CONNECT reserves the right to perform a credit check on customer (you) and determine your credit status. CONNECT reserves the right to seek advance monthly payments if CONNECT deems there is a “NON STATUS” or low credit rating.
4.3. CONNECT reserves to right to seek from customer (you) your business certificate of registration at any time and failure to provide one within 30 days of notice may result in partial or full termination of your service.
4.4. You will be billed monthly and the bill will include a charge for the Monthly Access Fee (fixed monthly rental), (payable in advance if deemed necessary by CONNECT or when your credit ratings degrade due to non payment of previous bills or an outstanding debt with CONNECT) as well as any other charges you have incurred. Any advance payment requests shall be in writing to you and shall be addendum to a current valid contract if one exists.
4.5. Your service will be suspended if your bills are not paid within 14 days of due date. If your service is suspended due to nonpayment, you will be charged a fee to have it reinstated. CONNECT cannot be held liable or will not provide any rebate where TFL suspends or terminates your ADSL Line or Wireless Access Unit. CONNECT shall continue billing unless a written notice is provided to CONNECT for suspension of services due to TFL circuit suspension.
4.6. Your service speed shall be throttled if you have opted for speed throttling. However, we may throttle your speed for option where excess usage is paid for, if we deem that your usage pattern is very high compared to your normal usage.
4.7. A new application form may be required to be filled in before a change of service is granted. Service changes will NOT be updated unless all required forms are signed and delivered to Connect, either via FAX, Mail or Post.
4.8. You can change Broadband plans at anytime without the need to terminate the current agreement. However, changing from services may incur additional fee for installation and setup.
4.9. All package changes have to be applied for in writing to CONNECT, either via FAX or Email.
5. Contract period is for 1 year commencing from the date of signing of this agreement.
6. This contract will be reviewed annually and any further market price reductions reflected during this term.
7. A termination of this contract before specified time period of 1 year will incur a penalty amount equivalent to THREE month’s rental.
8. EXCLUSION OF LIABILITY
8.1. You expressly agree that the use of the Service including any content you may obtain through or on the Service is at your own risk.
8.2. You expressly agree that the Service is provided without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion unless such warranties are provided to you in a separate Service Level Agreement (hereon referred to as “SLA”) and limit of warranty shall be within the agreed terms of SLA only.
8.3. You acknowledge that here has been no reliance on our skill, judgment or any representation by us whatsoever in deciding whether the Service is fit for any particular purpose.
9. INDEMNITIES
9.1. You agree to indemnify and hold us harmless from all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising out of the use of the Service or your breach of any term of this Agreement in any way.
10. AGREEMENT VALIDITY
10.1. This agreement is valid for a period of one year unless otherwise stated and agreed upon by CONNECT. This agreement is automatically renewed (annually) if written notice of termination is not submitted to CONNECT.
11. CONFIDENTIALITY
11.1. This application form is to be treated as confidential and should not be changed or distributed to any third party outside your organization.
12. GOVERNING LAWS AND JURISDICTION
12.1. The rights and obligations of signatories of this document shall be governed by, and this agreement shall be construed and enforced in accordance with, the local, domestic laws of The Republic of Fiji and in Courts of Republic of Fiji Islands.