Terms and Conditions
For All Services and Products Contents
Definitions and Interpretation
- Your agreement with Us (the "Agreement") consists of:
- This set of terms and conditions (the "Terms");
- Our acceptable usage policy for the Services (the "Acceptable Use Policy");
- The description and charges of the specific service acquired by You from Us (the "Fee Schedule and Specifications"); and
- The application form identifying the Service Offering and Service You want to acquire and Your personal information (The "Customer Application Form and the Customer Acceptance Agreement")
Other terms specified by Us, which may be updated from time to time and posted on Our website at business.btcbahamas.com (the "Website")
These documents set out the basis up on which We will provide the Services to You.
- In this Agreement, We will use the following terms and expressions:
"We", "Us", "Our" or "BTC"
Shall mean The Bahamas Telecommunications Company Limited, a private company limited by shares incorporated in The Commonwealth of The Bahamas with registration number 48750 with its registered office located at #21 John F Kennedy Drive in the city of Nassau, N.P., in the Commonwealth of The Bahamas.
"You", "Your" "Customer"
Means the Customer We make this Agreement with and includes any person that We reasonably believe is acting with Your authority.
Means this agreement between You and BTC, including all documents described in clause 1.1 of these Terms.
Means to execute proactive or reactive maintenance activities to ensure that the services provided to You are continuously available and with the appropriate quality levels.
"Authorized Third Parties"
Means a person other than BTC or the Customer that can use the service under Your authorization.
Means to collect appropriate usage records, determine charges and billing information, produce timely and accurate bills, and process and collect payments appropriately.
Means equipment owned, leased or controlled by BTC that is located at non-BTC locations
Means the Services as defined in section 2 of the Communications Act 2009.
"Charges" or "Fees"
Includes access fees, connection fees, fees for BTC Equipment, software licence fees, call fees, airtime fees, processing fees and all other fees payable by You for use of the Services.
Means a tiny element of data that a web site can send to Your browser which is stored on Your hard drive so that We can do things such as better serve You as You navigate through Our site or when You return.
"Customer Information" or "Personal Information"
Means a graphical representation of the area in which We can provide a service using standard equipment under normal operating conditions.
Means personal or sensitive information or data which You provide to Us when You apply for and use Our products and/or Services.
"Customer Premises Equipment (CPE)"
Means all hardware, software, cabling and related facilities provided and used by You in relation to a Service.
Means Monday to and including Friday, excluding holidays.
Means where BTC's equipment sits as a network interface between Your wiring at Your premises and Our wiring. Examples include but are not limited to the curb, joint box or utility pole.
Means to provide You (the Customer) with the requested product or service in a timely and correct manner.
Means Patents, design rights, trademarks, copyrights,
Means the simple interest rate fixed at prime as set by the Central Bank of the Commonwealth of The Bahamas from time to time.
"Large Business Customer"
Means a Subscriber who is: (a) not an Other Licensed Operator; and (b) a Subscriber in respect of an undertaking carried on by him which has an annual turnover that exceeds two hundred and fifty thousand (B$250,000.00) dollars.
Means the minimum fixed period for the supply of the Service as set out in the Customer Application Form starting from the Service Commencement Date.
Means the electronic communications system by which We make services available in The Bahamas.
Means the protection of Our network and its services from unauthorized modification, destruction, or disclosure.
Means any of the following a post on the website; post in BTC's offices in a visible place; bill insert or bill page message; communication to Your billing address; call to Your billed telephone number; email to Your provided email address; text message; publication in local newspaper or such other modes of communication that We deem reasonably practicable.
Means a person other than Us who is authorized to operate a network or provide carriage service under a license awarded or an exemption granted by the Regulator.
Means the terms and conditions which govern Your use of Our Products and/or Services.
Means service paid after usage.
Means service paid prior to the provision of the service.
Means a Subscriber who is a natural person who uses Our services and/or who contracts residential services.
"Service or Service Offering"
Means the service You have ordered in the Customer Application Form including new, extra or substitute services and features which We agree to supply You at a later date.
"Service Commencement Date"
Means the date the Services are available for operation and/or are installed at Your premises.
Refers to a physical location where BTC equipment or CPE shall be located and/or a fixed service shall be provided.
"Small Business Customer"
Means a Subscriber who is: (a) not an Other Operator; and (b) a Subscriber in respect of an undertaking carried on by him which has an annual turnover that does not exceed two hundred and fifty thousand (B$250,000.00)dollars.
Means temporary disconnection of services.
Means an additional charge to the basic price of the Service. It includes but is not limited to taxes and/or insurance for equipment.
"Target Delivery Date"
Means the expected date in which the Services are available for operation.
Include but are not limited to customs duties and other applicable government surcharges.
Means the charges levied upon termination of a particular service and as set out in the Fee Schedule and Specifications.
Means basic telephony services or services that must be available to all people throughout The Bahamas, as outlined in the Communications Act 2009.
Means the Utilities Regulation and Competition Authority of The Bahamas responsible for the regulation of the communications sector.
- The headings in these Terms are for ease of reference only and shall not affect its construction.
- Unless the context otherwise requires, the singular shall include the plural and vice versa.
- These Terms along with the other documents referenced in clause 1.1 constitute the entire agreement between You and Us. All prior negotiations, representations, proposals, understandings and agreements, whether written or spoken, are overruled by this Agreement.
- We will supply the Services with the reasonable skill and care of a competent telecommunications service provider.
- We do not guarantee that the Services will be continuously available and/or fault-free. The Customer acknowledges that faults may occur from time to time. We will take commercially reasonable steps to prevent and resolve unplanned interruptions. You may refer to our Compensation and Refunds Policy on the corporate website and make a claim where applicable.
- We will use reasonable efforts to provide all Services subject to technical feasibility, and non-Universal Services subject also to commercial feasibility.
- We cannot guarantee that maximum transmission speeds can be obtained at any time. We will use commercially reasonable efforts to inform You of any issues, and attempt to resolve them as soon as is reasonably practicable.
- Internet services rely on interconnected networks beyond Our control. We cannot make warranties regarding their performance, reliability or integrity.
- We will publish adequate and up to date information on the quality of Our Carriage Services in a format that You may use for industry comparison.
- Coverage maps only approximate Our anticipated wireless coverage area outdoors. Actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including but not limited to network capacity, terrain, weather, and/or other physical or electromagnetic interference. You agree We are not liable for problems relating to Service availability.
- We shall use commercially reasonable efforts to provide the Services within any time periods and/or by any date indicated to You, but all time periods and dates (including the Target Delivery Date) are estimates and except where explicitly stated We shall have no liability for any failure to meet any date or perform any of its obligations within the time period indicated. However, you may refer to our Compensation and Refunds Policy on the Corporate Website and make a claim where appropriate.
- We may change the way We provide a Service. If You are able to demonstrate that a change or proposed change is unacceptable to You, You have the option to terminate this Agreement without charge. You will be responsible for all charges incurred up to and including the date of termination.
- Your contract for a specific Service Offering commences when You apply for services by completing the Service Offering and Customer Application Form and will continue for the Minimum Term or until the services for the Specific Service Offering acquired are terminated or expire.
Charges, Billing and Payments
- You shall pay the Charges for each Service as requested and agreed (whether used or not by You ), and where applicable, Equipment, as explained below:
- Installation or Activation Charges: Payable upon acceptance of the agreement.
- Special Installation Charges: Payable as agreed between the parties if We provide special installation services.
- Service Charges: Generally payable in advance for Your service plan and features.
- Usage Charges: payable after use. They may be billed at the end of the billing cycle or when they are incurred.
- Equipment Rentals: payable monthly in advance.
We will not charge You for services or equipment that You have not ordered.
- Billing for Services that use third parties' networks, such as those related to roaming or long distance calls, may be delayed. The delay, does not waive the right for Us to bill You or Your obligation to pay for them in accordance with the terms of the Agreement.
- Fees and Charges are set out in the Fee Schedule and Specifications document.
- Prices do not include, and You agree to pay, all applicable taxes including but not limited to customs duties and any other applicable government surcharges.
- Unless otherwise stated in the Fee Schedule and Specifications document, as amended from time to time, the following applies:
- Call prices are charged by the minute
- Data is measured or charged by gigabyte
- Some features are charged by unit (such as SMS by message)
- Usage is rounded up to the next whole unit
- You are liable for all Charges in Your account, including those that arise from unauthorized and/or fraudulent use. Service usage will be charged to Your account until We receive a request to suspend the provision of the Service.
- Upon request (except for Prepaid Services), We will issue to You monthly, one invoice(s) at no charge to You which shall set out the Charges due to Us in accordance with the Agreement. Any additional copies will incur a fee.
- Invoices will be sent by physical or electronic means to the billing address as specified in the Customer Application Form, or the address notified to Us from time to time).
- Failure to receive an invoice does not relieve You of Your responsibility to pay the amount due. Please inform Customer Care if You do not receive an invoice.
- Charges begin to accrue once you begin to use the Service and continue through the full billing period.
- Unless otherwise stated in the Fee Schedule and Specifications You will be billed:
- In advance for subscription, rental and other recurring Charges.
- If service is installed or changed during the billing period, services will be billed pro-rata.
- In arrears for usage, connection and other non-recurring charges
- For Postpaid services, We shall provide You with invoices by the following formats:
- In print, or electronic format with Your prior consent
- In plain and simple format
- With accurate information about the services provided and the amount due for each Service.
- For Prepaid Services, We may provide You with a copy of Your invoice or billing record upon request to assist You in monitoring Your usage and expenditure. We reserve the right to charge a reasonable fee for this service.
- We will provide on Your request, for a reasonable fee, a basic level of itemized billing, with enough detail to allow You to:
- Verify and control the charges incurred in using Our Service
- Monitor Your usage and expenditure and thereby exercise a reasonable degree of control over Your bills
- If We or any of Our representatives make a mathematical error, We can correct it or modify it. Errors do not constitute a change in the Service Offering.
- We are not obliged to consider claims of incorrect billing made after three (3) months from the date of the invoice. If You reasonably, and in good faith dispute a charge on Your billing or invoice, You must contact Us within three (3) months of the date that you receive Your billing, providing Us with details of why the billed amount is incorrect. If You do not contact Us within the three (3) month period You will have waived Your right to dispute the billing. All undisputed portions of the billing must be paid by the due date to avoid possible interruption, suspension or termination of Your service.
- You shall pay each invoice issued by Us (including any invoice relating to Termination Fees) within 30 days of the date of invoice, in full without any deduction or set off.
- Methods of payments include cash, credit card, debit cards, cheques and electronic payments. BTC reserves the right to refuse to accept cheques if more than twice in a calendar year any cheque received from You is deemed not-sufficient funds.
- For Prepaid services, You pre-pay the Service by adding credit to Your account. You may do this by adding credit to Your account using prepaid cards, ATMs, "TopUp" systems, or any other method We make available. Credit will be reduced with use as per current usage charges at the moment of use. If for any reason We do not reduce Your credit after using a service, this does not mean We have waived the right to do it in the future. Credit in Your account is not returnable, exchangeable or refundable.
- The Company shall be entitled to consolidate all bills in Your name regardless of the service and transfer balances to or from accounts for fixed line services or any other services to any other account of the same customer for services not covered under this agreement.
- We reserve the right to have balances collected from You by a third party Agent acting on Our behalf.
NON PAYMENT / SUSPENSION
- If You fail to pay on time or at all, We will notify You of Your overdue debt, and then take the following actions:
- Charge interest on amounts overdue from the due date until the payment is actually received at the Interest Rate
- Suspend the provision of all or a part of the Services with reasonable notice until such time as all payments due including all interest accrued have been paid and satisfied in full.
- Recover all costs incurred by Us for collecting delinquent or dishonored payments.
- We may establish credit limits at Our discretion for all customers. If it is exceeded without an additional deposit or other acceptable arrangement, We may suspend Your service.
- We may require that You establish and maintain credit in one or any combination of the following ways:
- A deposit.
- By providing acceptable credit references
- By providing a suitable written guarantee in a form prescribed by Us
- We will establish Your credit limit based on Your average monthly invoice or billing.
- You may request the return of any deposit paid at the expiry of each twelve (12) month period after the deposit was taken. The decision to return any deposit prior to termination of any Service will be at Our sole discretion.
- Where applicable, We will pay simple interest at Interest Rate on all deposits.
- We reserve the right to set off any deposit and interest against the Charges
- Service applicants who had defaulted on payment to Us, We will request a deposit for restoration of service or for provision of new Service.
Addition of Services
- You may request new Services by submitting a Customer Application Form, in person, by phone or by using Our online services, which We may accept or reject. Once We have accepted a new Customer Application Form:
- The Service shall be deemed added to this Agreement
- We shall supply You the requested Services pursuant to the Agreement.
Changes of Services
- You may request a change to the Services including but not limited to the following:
- Addition to a Service
- Termination of certain Service
- Change of service specification or type
- Change to the location or site where a Service is supplied
- To request a change to the Services You must authenticate Your identity by a method instituted by Us.
- We shall supply You with a written response confirming whether or not We would accept the changes and may specify in such notice:
- Additional charges resulting from the change
- Customer readiness related to the service
- Timescales for the delivery of the change
- You must confirm to BTC in writing whether or not You would like to proceed with the change.
- If You need to change the location of the Site in which We provide You a Service, You may request Us to provide You the Service in the new Site, by notifying Us in writing not less than thirty (30) Business Days in advance. Delivery of the service to the new Site is subject to a site survey.
- If You change the location of the Site before completing the Minimum Term of the Agreement, and We are unable to activate the Service in the new location, Your service will be cancelled and You will be charged an early termination fee.
- If You change the location of the Site after completing the Minimum Term applicable to the Service, and We are able to activate the Service in Your new location, You will have to sign another Agreement for a new Minimum Term for that new location which will commence upon the Service Commencement Date. You will not receive any new BTC Equipment or Customer Premises Equipment from Us.
Authorized Third Parties
- You may permit an Authorized Third Party to use the Services We supply to You under this Agreement. It is Your responsibility to ensure that the Authorized Third Party is aware of and complies with the terms of the Agreement. You shall be liable to BTC for any and all:
- Claims, losses and expenses suffered or incurred by BTC as a result of a breach of a term of this Agreement resulting from an Authorized Third Party's use of the Services
- Losses, costs and expenses resulting from any claims against BTC made by any of the Authorized Third Party's to the extent set out in this Agreement in section 14 .
Changes to the Agreement
- We reserve the right to and may vary all Agreements and Policies, including but not limited to changes in Charges, Fees or the introduction of new Charges.
- We will provide You with at least thirty (30) days notice of any change.
- You accept any and all changes by Your continued use of Our Services after the date of the change. If You do not agree with the changes, You must contact Us in writing at least ten (10) days prior to the effective date of the modification to discontinue the affected service. We shall not be responsible to You for any claims by You as a consequence of such changes.
MAINTENANCE AND EMERGENCIES
- We may suspend the Services in any of the following circumstances:
- In order to carry out maintenance or testing of the Network
- During any technical failure of the Network (unplanned interruption)
- When it is necessary to safeguard the security and integrity of the Network or to reduce the incidence of fraud
- When We identify usage outside the Acceptable Usage Policy
- Because of an emergency or upon instruction by emergency services or any government or appropriate authority or for the Customer's or user's own security (unplanned interruptions); or
- Any other circumstance requiring a planned service interruption
- Subject to Section 9.1, We shall endeavor to keep all such suspensions to a minimum and shall give You notice of such suspensions, except in cases of fraud, persistent late and non-payment.
- You shall remain liable for all Charges during any period of suspension arising from the circumstances described in Clause 9.1 of these Terms and Conditions.
ACTIONS OF THE CUSTOMER
- We may, without prejudice to Our other rights hereunder, suspend or disconnect the Services without notice in any of the following circumstances:
- If You fail to comply with the terms of this Agreement, or if there is a breach by You of the Acceptable Usage Policy, after being given written notice of the failure (including but not limited to a failure to pay any Charges due hereunder).
- If You allow anything to be done whether criminal or fraudulent, persistent nonpayment or late payment, which in BTC's reasonable opinion may have the effect of jeopardizing the operation of the Network or the Services, or if the Services are being used in a manner prejudicial to the national interests or to the interests of BTC and/or a supplier of BTC.
- If We suspend Your Services in accordance with clause 9.4 of these Terms, other than for criminal or fraudulent activities outlined in clause 9.4(b), We shall restore the Services if the circumstance is remedied.
TERMINATION FOR CONVENIENCE
- You have the right to terminate this Agreement in whole or in part by giving Us thirty (30) Business Days' written notice of termination, subject to the payment of any Early Termination charges as set out in the Fee Schedule and Specifications.
- We have the right to terminate this Agreement in whole or in part by giving You thirty (30) days' written notice of termination. Under this situation, You will not be liable for any fees applicable, including but not limited to the Services Offering which may have been discontinued by BTC, but will be responsible for fees associated to the usage up to and including the date of termination. This applies to Our current and discontinued Services.
TERMINATION RESULTING FROM CHANGES TO THE AGREEMENT
- You are entitled to terminate a Service by providing thirty (30) days' written notice if:
- We increase the prices and/or tariffs set out in the BTC Fee Schedule and Specifications in respect of that Service pursuant to clause 8.1 of these Terms and that increase is unacceptable to You.
- BTC substantially varies the terms of this Agreement that relate to that Service pursuant to clause 8.1 of the Agreement and that variation is unacceptable to You.
- Should You elect to terminate in accordance with clause 10.3 , You remain liable for all Charges related to the service until it is terminated, but shall not be liable for any penalties.
TERMINATION FOR CAUSE
- You may terminate this Agreement by providing to BTC thirty (30) days' notice in writing in the event that We:
- Have committed a material breach of this Agreement that is incapable of remedy.
- Have committed a material breach of this Agreement that is capable of remedy, and We have failed to commence remedying that breach within thirty (30) days of You supplying written notice specifying the breach and requiring Us to remedy it.
- We may terminate this Agreement (in whole or in part) by providing thirty (30) days' notice in writing if:
- You commit a material breach of this Agreement that is incapable of remedy
- You commit a material breach of this Agreement that is capable of remedy but fail to remedy that breach within thirty (30) days of BTC supplying written notice specifying the breach and requiring its remedy
- If any of the events in clause 9.4 of these Terms and Conditions occur.
- You remain liable for all Charges related to the service until it is terminated, including any penalties.
- We may terminate the Agreement by providing thirty (30) day's notice in writing if 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.
CONSEQUENCES OF TERMINATION
- Termination of this Agreement or the expiry of Your Service for whatever reason shall not affect:
- The rights and obligations of the parties which have accrued prior to such termination or expiration
- any provisions of this Agreement which are of a continuing nature and any other provisions of this Agreement necessary for their interpretation or enforcement.
- On termination or expiry of this Agreement or Your Service:
- Any sums properly due from one party to the other will become payable within thirty (30) days of termination (including Termination Fees)
- You shall cease using the Services
- You shall return Our Equipment, in accordance with the Terms and Conditions in the Customer Acceptance Agreement at the reverse of the Customer Application Form.
Equipment, Devices and Software
EQUIPMENT OR DEVICE PROVIDED BY US
- The Services may include use of BTC Equipment. Title to the BTC Equipment will not pass to You. You must provide electrical power for the BTC Equipment and keep the BTC Equipment physically secure and free from liens and encumbrance. You will bear the risk of loss or damage (other than ordinary wear and tear) to the BTC Equipment.
- While BTC Equipment is in Your location, You must comply with the following:
- Only use the BTC Equipment to receive the Service for which it was installed
- Follow the instructions We or Our suppliers provide in respect to the BTC Equipment
- Do not tamper, move, or modify the BTC Equipment
- Do not attempt to repair, or allow anyone different from Us or Our suppliers to do it
- Upon notice, allow Us or Our suppliers to inspect the BTC Equipment
- Notify Us if BTC Equipment is lost, stolen or damaged
- We will provide reasonable maintenance service and repair for all BTC's Equipment controlled by Us. Additional maintenance services may be offered to You pursuant to a Maintenance Agreement with Us.
- You will be responsible for any costs related to repairing Our Equipment damaged or used inappropriately by You. We shall be permitted to add these costs to Your account.
- If Our Equipment is lost or stolen, You shall notify Us immediately. When We receive the notification We will block the equipment from using the Services.
- Any usage charges incurred prior to notifying Us that the equipment was lost or stolen, remain Your responsibility and will be billed to You.
EQUIPMENT OR DEVICE NOT PROVIDED BY US
- All Services do not work on all equipment or devices. If You do not have suitable equipment or devices available, the Service may not function correctly. We will not be liable for Your equipment's inability to receive the Service. We may choose not to provide Services that do not function correctly in Your equipment. It is Your sole responsibility to guarantee technical compatibility with Our Network and the Service.
- The Intellectual Property rights that exist in Services, software and BTC's Equipment are owned by Us and Our licensors and are protected by Bahamian and international laws. By supplying You with Services, software and BTC Equipment, We are not transferring or assigning ownership of any Intellectual Property rights in or relating to the Equipment to You.
- Where We create Intellectual Property rights during or as a result of the supply by Us of Services, software and BTC Equipment to You, We shall own all such Intellectual Property rights.
- You agree not to infringe, misappropriate, discredit, dilute or violate the Intellectual Property rights of BTC or any third party in any way. Except for a limited licence to use the Services. Your purchase of Services and BTC Equipment does not grant You any license to copy, modify, reverse engineer, download, redistribute, or resell Our intellectual property or the intellectual property of others related to the Services and/or to Our Equipment.
- Intellectual Property may be used only with Our Service unless expressly authorized by Us.
On Site Installation and Delivery
- Before We supply Our Services to a Site, We must verify that is suitable for such purpose. If We determine that a Service cannot be supplied, We will notify You and We reserve the right to cancel the Service and to refund any charges You may have incurred or paid.
- You must guarantee the following before We supply Our Services to Your Site or before We install any BTC Equipment:
- You should prepare and secure the Site in compliance with Our instructions to guarantee a suitable place for Our equipment and a safe place for Our representatives to work. At Your own cost You should provide a secure electricity supply and all necessary electrical and other installations and fittings, included concealed internal wiring if required.
- You are responsible for installing and maintaining all wiring internal to Your premises and from Your premises to Our demarcation point at the curb, joint box or utility pole, as applicable. This is to be done in accordance with Our specifications.
- You should obtain the required permissions necessary to install equipment, to allow entrance to Our representatives, to allow installations and carry out maintenance, and other tasks related to the provision of the Service.
- We are not liable for breach of the Agreement if We fail to perform Our obligations as a result of You not carrying out Your obligations under clause 12.2 .
- If any limitation to access should arise, You shall notify Us immediately. You are liable for cost and expenses We incur in as a result of Our representatives not being able to access Your site at the scheduled time.
- Our representatives will comply with site regulations, which You must notify Us beforehand.
- Clauses under section 12 also apply to disconnection and removal of BTC's Equipment from Site.
- BTC is committed to and observes the provisions of the Data Protection (Privacy of Personal Information) Act, 2003, any other applicable statute, as it applies to the privacy of Your Personal Information.
- Neither party will divulge Confidential Information to any Third Party except to contractors, suppliers and agents, strictly on a need to know basis, for the purposes of the implementation and/or performance of this Agreement, unless otherwise agreed in writing with BTC.
- BTC shall be entitled to keep records of Customer Information, which BTC shall use to perform BTC's obligations under this Agreement, and for related purposes.
- BTC shall be entitled to disclose Customer information as required by any legal, regulatory or financial regulatory agencies or by court order, or any third party (some of whom may be outside of The Bahamas), for the purposes of providing the Services.
- The obligation of confidence shall apply in the period commencing on the Commencement Date and ending seven (7) years after the termination or expiry of this Agreement.
Disclaimer of Warranties and Limitation of Liability
DISCLAIMER OF WARRANTIES
- Except for any written warranty that may be provided with a BTC device You purchase from Us, and to the extent permitted by law, the services and devices are provided on an "as is" and on a "with all faults" basis and without warranties of any kind. We make no representations or warranties, express or implied, regarding:
- Merchantability or fitness for a particular purpose concerning Your Service or Your Customer Premises Equipment (CPE).
- Correct routing or completion without error or interruption of transmissions, including but not limited to data, voice, or any package transmitted on Our Network
- Network security
- Encryption employed by service
- Integrity of data sent, backed up, stored or load balanced
- That Our security procedures at an acceptable level will prevent the loss, alteration of or improper access to data
- Service free errors
We don't authorize anyone to make any warranties on Our behalf.
LIMITATION OF LIABILITY
- We are not liable for the damages relating to:
- Inability of Your equipment to work with Our network;
- Access to or interconnection of Services with applications, equipment, services, content or networks provided by the You or others;
- Service defects, unless specifically provided otherwise in this Agreement;
- Service levels, delays or interruptions unless specifically provided otherwise in this agreement;
- Correct routing, errors or interruption in transmissions;
- Lost or altered transmissions;
- Unauthorized access to or theft, alteration, loss or destruction of Your or others' applications, content, data, network or systems.
- Nothing in these terms will exclude or limit Our liability for fraud, for death or personal injury caused by Our negligence, or for any other liability, which cannot be excluded or limited under applicable law.
- We shall have no liabilities for mistakes, omissions, interruptions, delays, errors or defects in a Service that is caused by Your negligence.
- BTC will not be liable to You under any circumstance for any indirect, incidental, consequential, punitive or special damages.
- You indemnify and hold Us harmless against the following:
15.1.1 Acts or omission of other third parties or partner companies when their facilities are used in connection with Our facilities to provide service(s).
15.1.2 Any defacement or damage to Your premises resulting from the existence of Our instruments, apparatus and associated lines on such premises, or from the installation or removal thereof, when such defacement or damage is not the result of the negligence of BTC or Our employees.
15.1.3 Any accident, injury or death occasioned by Our equipment or facilities, when such is not due to Our negligence.
- Claims for libel, slander or infringement of copyright arising from the material transmitted or recorded over Our facilities or networks.
- Claims for infringement of patent arising from combining with or using in connection with, Our facilities and Your apparatus and systems.
15.1.6 Claims arising from the collection of balances from You by Our third party agents.
15.1.7 All other claims arising out of Your act or omission in connection with facilities provided by Us.
Compensation and Refunds
- The maximum liability for all Your claims relating to BTC Equipment or a Service provided pursuant to this Agreement, whether for breach of contract, breach of warranty or in tort, including negligence, will be limited to the total sum of the value of the Charges paid or payable under the relevant Service Offering during the previous 12 month period under which the Equipment or Service that is the subject matter of the claim is supplied.
- If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace it with one of similar meaning that is legally effective.
- Failure or delay by either of Us to this Agreement to exercise or enforce any right, power or remedy under it shall not be deemed to operate as a waiver of any such right, power or remedy; nor shall any single or partial exercise by any party operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.
- We shall not be liable for any loss or damage, delay or failure in performance of any of the Services or facilities furnished due to any cause beyond the parties reasonable control such as acts of God, acts of Government, military authority or other competent authority, telecommunications network operators, war or national emergency, riots, civil commotion, fire, explosion, accidents, flood, earthquakes, lightning, extremely severe weather, magnetic storms, epidemic, power failures or blackouts, lock-outs, strikes and other industrial disputes (whether of the company or others), acts of terrorism, or acts of vandalism or acts otherwise known as "Force Majeure".
Import / Export Control
- Responsibility for complying with import and export control laws, conventions and regulations for all equipment, software, or technical information You move or transmit between countries using the Service depends entirely on You.
Credit Checks and Fraud Prevention
- When You apply for Services, We may check Our own records and records from credit and fraud prevention agencies.
- We may also make checks such as assessing the Your application for Services and verifying identities to prevent and detect crime. We may also make periodic searches at credit reference and fraud prevention agencies to manage the Customer's BTC account.
- We may, in accordance with any applicable law, send information regarding Your applications, Your account and how You manage Your account to credit agencies which may record such information.
- Your outstanding debt may be recorded by credit agencies and shall remain on file for seven (7) years after they are closed (whether by settlement or default). These records may be supplied to other organizations by the credit agency to perform similar checks and to trace Your whereabouts and recover debts.
- If You provide Us with false or inaccurate information and We suspect or identify fraud, We will record this and may also pass this information to any fraud prevention agencies and other organizations involved in crime and fraud prevention.
- We may access and use from other countries the information recorded by fraud prevention agencies.
- BTC and You agree to exercise best efforts to resolve all disputes and claims between Us through good faith negotiation in a reasonable time frame. We agree that any dispute or claim that cannot be resolved by negotiations may be resolved by URCA, to the extent possible, or by arbitration.
- In no event shall the arbitrator have the authority to make any award that is in excess of, or contrary to, what this Agreement provides in clause 16.
- The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim and subject to section 16. BTC and You agree that each may bring claims against each other only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. BTC and You agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or collective proceeding.
- For further information regarding Our practices on handling complaints please read Our Code of Practice for Handling Consumer Complaints.
- This agreement is governed by the laws of The Commonwealth of The Bahamas. The parties submit to the exclusive jurisdiction the courts of The Commonwealth of The Bahamas.