MobileNet Service Terms and Conditions

1.        GENERAL CONDITIONS

1.1.         If any outstanding charges remain unpaid for more than one month from the date of invoice, the customer’s connection will 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 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 provided 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.

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.

1.6.         CONNECT reserves the right to cancel this service with a written notice. 

1.7.         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. 

1.8.         Any other products and/or services provided in addition to those listed in this document may incur additional charges.

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.

1.10.        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.         You are responsible for all access to and use of the Service through your account. 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. You may choose to change your password online 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.  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 you move 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.         It is your responsibility to maintain and manage data traversed through your internet connection at all times including SPAM/Junk Mail or Virus Attacks. CONNECT requires you to have updated antivirus software at all times for your data security. 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.

3.        ownership and use of equipment

        3.1       The Equipment which is sold to you is fully owned by you (customer)

        3.2       The Equipment must be returned within five working days of purchase to qualify for refund, less one months’ rental if there is usage.

        3.3       You are fully responsible for any damage to or loss of equipment. Replacement will not be given for damage or loss of equipment.

            3.4   You must notify Connect Internet Services immediately if the equipment that has been supplied to you, has been damaged or lost, in order that your account may reflect this in the appropriate manner.

4.        Termination of agreement

4.1.         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.

4.2.         The service may be temporarily suspended if we find that your volume usage pattern is irregular from your known usage pattern. Volume cap off for downgrade shall be 500 MB.

4.3.         You may terminate this Agreement with 30 days written notice to us. 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.

4.4.         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.

4.5.         CONNECT will continue billing the monthly rental unless a written notice is provided to CONNECT stating the disconnection of service. A reconnection fee and deposit may be charged.

4.6.         CONNECT reserves the right to terminate this service if there is a dispute or a breach of any CONNECT terms and conditions.

 

5.        charges, credit status and billing procedures

5.1.         Access to, and the use of the Service is charged in accordance with CONNECT published Rates unless otherwise specified and agreed to between CONNECT and You (Customer).

5.2.         CONNECT reserves the right to perform credit checks on the customer (you) to 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.

5.3.         Bond requirement – Fiji Residents are required to pay one months’ rental upfront, Non-Fiji Residents are required to pay three months’ rental upfront.

5.4.         You will be billed monthly and the bill will include a charge for the Monthly Rental, (payable in advance).  

5.5.         Your service may be suspended if your bills are not paid within 14 days of due date. If your service is suspended due to non-payment, you will be charged a fee to have it reinstated.

5.6.         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.

5.7.         You will be billed by Telecom Fiji should you make calls using MobileNet.

6.        exclusion of liability

6.1.         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.

6.2.         You expressly agree that the Service is provided without warranties of any kind, either expressed or implied.

6.3.         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.

7.        indemnities

7.1.         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.

8.        Confidentiality

8.1.         This application form is to be treated as confidential and should not be changed or distributed to any third party.

9.        governing laws and jurisdiction

9.1.         The rights and obligations of signatories of this document shall be governed by the domestic laws of The Republic of Fiji and in Courts of Republic of Fiji Islands.