1. STANDARD TERMS AND CONDITIONS
1.1. if the customer’s outstanding charges remain unpaid for more than one month from the date of
invoice, the customers connection may be terminated without prejudice to the rights of the
Internet Services Fiji Limited Trading As CONNECT (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. The customer must have within, technical staff to address end-user queries. This nominated
technical person(s) however will have access to our engineers for technical issues regarding the
service itself.
1.4. 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.
1.5. Use of any information via this service is at the Customers 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.
1.6. 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 the by “CONNECT”.
1.7. “CONNECT” reserves the right to cancel this service with a written notice as per and remit any
unused minimum charge fees.
1.8. 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.
1.9. “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].
2. YOUR RESPONSIBILITY
2.1. 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.
2.2. 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.
2.3. You are responsible for all equipment and software necessary to access the Service as well as
the security of your data.
2.4. 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.
2.5. 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.
2.6. 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.
2.7. 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.
2.8. Your daily usage can be obtained by accessing the following URL: http://www.connect.com.fj/ You
should obtain a valid username and password if one not provided. “CONNECT” suggests you
check your volume (usage) on regular basis. If there are any anomalies found, please
immediately contact “CONNECT” authorized representative.
3. TERMINATION OF AGREEMENT
3.1. We reserve the right to terminate your Agreement, suspend or terminate your access to the
subscribed Service at our sole discretion at any time without liability if we deem there is a
breach of agreement terms and conditions set herein or any additional conditions stated in
Service application form.
3.2. “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.
3.3. “CONNECT” reserves the right to terminate all or partial internet service if a dispute is 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 PROCEDURES
4.1. Access to, and the use of “Connect” Subscribed Service is charged in accordance with
“CONNECT” published Service Rates unless otherwise 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 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.
4.3. You will be billed monthly based on your service. Additional details provided in service
application forms.
4.4. Your service may be downgraded or suspended if your bills are not paid within 14 days of due
date. If your service is suspended or downgraded due to non-payment, 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.
4.5. In cases of dispute, you “Customer” is required to pay the standard monthly rental (the only
exception where service is dedicated corporate access) during the dispute period or until such
dispute is resolved.
4.6. 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.
4.7. All package changes have to be applied in writing to “CONNECT”, either via FAX, Email or a
letter or request on company letterhead and stamped using company seal.
5. EXCLUSION OF LIABILITY
5.1. You expressly agree that the use of “Connect” Service including any content you may obtain
through or on the Service is at your own risk.
5.2. 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 Service Level Agreement (hereon referred to as “SLA”) and
limit of warranty shall be within the agreed terms of SLA only.
5.3. 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.
6. INDEMNITIES
6.1. 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
“Connect” Service or your breach of any term of this Agreement in any way.
7. CONFIDENTIALITY
7.1. Any “Connect” application form or Service Agreement is to be treated as confidential and should
not be changed or distributed to any third party unless prior authorization in writing from
“Connect” is obtained.
8. GOVERNING LAWS AND JURISDICTION
8.1. 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