CUSTOMER SERVICE AGREEMENT
The Order Form and these Terms and Conditions form an agreement between the subscribers (hereinafter referred to as “The Customer” and Kelcom International Antigua and Barbuda Ltd. (hereinafter referred to as “The Company”).
The Company, where it has capacity, shall have the right to install, maintain service, repair and replace on the premises any and all components of the system for the purpose of providing service(s) as defined by the Company. If the customer is not the owner of the premises specified to be serviced in the agreement they shall indemnify and hold The Company harmless from any and all claims on or by the owner or any other interested parties which may arise out of the performance of the Agreement. The Customer confirms that either as owner or tenant of the premises, The Customer is fully authorized to enter and perform this agreement. The Customer agrees that they are solely responsible for all access to and use of the service. The Customer confirms that they are at least 18 years of age at the effective date of this agreement.
A. PAYMENT OF FEES AND DISCONNECTION
- The services covered by this agreement are Cable Television.
- One month’s service charge(s) plus connection fee(s) plus deposits where applicable for each service any government charges in respect of the service will be payable in advance. Thereafter, all payments for services(s) are due and payable in advance. In the event of non-payment, The Company reserves the right with notice to terminate this agreement and disconnect any services at any time. Further, in order to reconnect(s), all past due charges must be paid in full in addition to a reconnection fee and one month’s service charge in advance. In the event that this agreement is terminated due to non-payment twice in one year, then The Customer must pay a security deposit equivalent to 3 months rental prior to reconnection. The Company reserves the right to impose security deposits up to the equivalent amount of three months rental that The Customer must pay before service is connected. The Company and The Customer will agree a limit to the call charges that The Customer may generate, and The Company may disconnect the service with service notice should this limit be breached.
- Service shall be subject to disconnection without notice when:
- The Customer connects, extends or otherwise distributes The Company’s Cable Television signals to premises not covered in this agreement or to television receivers not installed by The Company and not provided for in this Agreement that are being used for business purposes.
- The Customer connects Cable Television transmitters and/or any other Cable Television equipment not approved by The Company and/or the Telecommunications Regulator
- The Company has received Bona Fide complaints or claims from third parties regarding the use of any of the services provided by the Company
- The service provided by The Company is being used for anything other than the customers own use
- Service shall be subject to disconnection with due and formal notice when: Payment is not received with l5 days of due date.
- The Company shall be entitled to charge late fees of 3% per month in respect of monies owed to it by The Customer. Where there is a cost to The Company in the recovery of the debt incurred by The Customer and subject to any dispute resolution process, The Customer shall be liable to pay the legal charges incurred by The Company in respect of solicitor’s fees, bailiffs or debt collector’s fees.
B. ACCESS TO THE CUSTOMER PREMISES
The Customer agrees to allow employees and agents of The Company access to The Customer’s premises at reasonable times to inspect and maintain The Company’s equipment and upon termination of the agreement (whether by The Customer or The Company) to remove The Company’s materials and equipment from the premises. Failure by The Company to remove materials and equipment shall not be deemed abandonment.
C. REPAIRS AND MODIFICATION OF SERVICES
- Unless The Company is proved to be negligent, The Company is not responsible for the operation of television receivers and other equipment nor is it responsible for any loss or damage incurred or injury suffered to third parties as a consequence of the running of cable from an external pole or other source to The Customer’s premises and within The Customer premises and The Customer hereby agrees to indemnify The Company against any loss or damage which may arise including injury to third parties. The Company shall also not be liable to The Customer in respect of damage to The Customer’s equipment caused by electrical surges caused by third parties. In the event that The Company’s repair service is requested for problems which, In The Company’s sole judgment relate to faults or other problems not related to the equipment or cabling provided by The Company; The Company reserves the right to impose a service charge for each such visit.
- All repairs and modifications of the system shall be made by The Company or its authorized agents. The Customer agrees not to disturb, tamper with, remove or in any way interfere with any component of the system. Any unauthorized connection and/or reception of cable television service and/or unauthorized transmission of internet signals and/or unauthorized transmission of voice calls will be considered a breach of agreement and cause for termination of agreement and may result in The Company taking legal action against The Customer. In any case, The Company shall be entitled to recover damages for such tampering including, but not limited to, the value of Company services obtained without payments plus reasonable collection costs. The Company may, in addition to its contract or rights herein, bring to the attention of the appropriate law enforcement officials any violations by The Customer by any applicable law. The Customer agrees that The Company shall not be responsible for any loss or damage suffered by The Customer to their equipment as a consequence of The Company supplying them with the service.
- The Company’s employees or agents will not be responsible for television receivers and/or any other receiving equipment and/or any other equipment attached to the any source or supply that is not owned by The Company. The Company is under no legal obligation to ensure that The Customer’s electrical equipment is properly electrically grounded upon connection or at any other time thereafter. By executing this service agreement The Customer warrants that their equipment is so grounded, and The Company shall not be liable for any loss or damage suffered by The Customer’s in any way arising from The Customer’s failure to observe this term.
D. INTERRUPTION OF SERVICES
The company does not warrant an uninterrupted system or equipment operation, but so far as it is reasonably able to do so, The Company will stand by to maintain its system and equipment to the best of its ability and will comply with any agreed Quality of Service parameters. The Company does not guarantee a fault-free service. The Company assumes no responsibility for the following:
- Commercial third-party power Failures.
- Inability of The Customer to call or contact any emergency service through the use of The Company equipment.
- Discontinuation of broadcast transmissions by external radio or television broadcasting station(s)
- Discontinuation of Service by external internet service provider(s)
- Discontinuation of service by external voice service provider(s)
- Interruptions to lines, systems or services locally or internationally that are not owned or operated by The Company
- Regulations, which may restrict alter or eliminate certain kinds or types of programming or content.
- Battery replacement for equipment owned by The Customer
- Work stoppage due to labour disputes and/or terrorism
- Force Majeure including but not limited to floods, storms, hurricanes, wind, lightning accidents, adverse atmospheric conditions and electrical surges.
E. TRANSFER OF SERVICES
In the event of The Customer continuing to reside within the licensed service area of The Company and requesting a transfer of service(s) this Agreement shall remain in full force and effects as if the address Of The Customer shown on the application form associated with this agreement had been changed save and except that The Company reserves the right to charge to The Customer such connection or transfer fee(s) which is/are in accordance with Company policy.
F. OWNERSHIP OFEQUIPMENT INCLUDING CONVERTER AND OTHER EQUIPMENT
- Title of ownership of all the equipment installed supplied or leased from The Company to The Customer shall remain with The Company at all times.
- The Customer shall use the equipment installed or leased from The Company in a careful and proper manner and return the equipment to The Company in the same condition as received, reasonable wear and tear excepted. The Company shall charge The Customer’s account for the cost of repairing or replacing equipment damaged while in the possession of The Customer. The Customer shall have the option to keep equipment insured for their benefit in case of damage.
- The Customer agrees that if the equipment installed supplied or leased from The Company is not returned on termination of the agreement, The Customer shall be liable to The Company for costs of equipment and its recovery and shall continue to be liable for the monthly equipment charges as though this agreement had not been terminated. The Customer also agrees to pay subject to any dispute resolution process costs and attorney’s fees arising out of any course of action to collect the above damages.
- Whilst the Customer is aware that they have the choice of on-site repairs at no additional charge to equipment owned by The Company. The Customer also understands that, for their convenience faulty equipment owned by The Company or sold to The Customer and still under warranty may be returned to The Company’s office for serving or repair, Monday-Friday 8:00 a.m. until 5:00 p.m. and Saturday 9:00 a.m. until 3:00 p.m.
- The Customer may be required to leave security rentals. It is understood that these deposits are non-interest bearing and will be returned upon disconnection or termination of the service and when the equipment has been in the same condition where it was received.
G. TERMINATION OF AGREEMENT
Notwithstanding disconnection of service for reasons described in the agreement, either The Customer or The Company may terminate this Agreement for any reason, giving each other 30 days notice, and The Customer shall be responsible for all fees, including early termination fees in case of a term commitment period, until the date of termination, and no refunds will be made by The Company for connection charges or monthly rental paid by the subscriber except those monthly rental payments which are prepaid beyond the disconnection date.
- The Customer agrees that services are not available in all locations and agrees that The Company assumes no liability for any claims, damages, loses, or expenses arising out of the unavailability of service in the Customer’s geographical area.
- The Customer agrees to and assumes all liabilities relating to unauthorized access by the third party via the service to their equipment and data.
- The Customer agrees that the Company may monitor the service to maintain its system and to disclose information gained satisfy any law, regulation or government request or to protect The Company and its other subscribers
- Services are provided where available and without warranties including but not limited to advice or information provided by The Company’s Agents, fitness for a particular purpose, title or non- infringement
- The Company shall not be held liable for any indirect, incidental, special, punitive or consequential damages that result from the customer’s use of or inability to access the service.
- Notwithstanding anything to the contrary stated here in The Company’s maximum liability will not exceed an amount equivalent to the total monthly charges for the service paid by The Customer for twelve (12) months proceeding the month in which the liability arises.
- The Company will not be responsible for any claims, damages, losses, expenses of any kind as a result of a missed appointment for an installation of a service or a repair to a service either or by The Company or its Agents.
I. ADDITIONAL TERMS
- Neither The Company nor The Customer may use each other’s trademarks or symbols without written approval of the other party and The Company and The Customer are independent parties and it can’t be construed or implied that they are anything other than this.
- Any notice or other communication by either party will be in writing and be sent either by post, fax or email as sent out in the Order Form.
- This Agreement is governed by the Laws of the country in which the premises are found an should any of the provisions be held to be illegal or enforceable this agreement will be revised in line with the original intent with the extent necessary to be legal and enforceable.
- Any claim or action by The Customer in relation to this agreement must be made within one (1) year of the date of the cause of the claim or action or the claim or action will be denied.
- This agreement constitutes the entire understanding of the parties for the services described in the order form and supersedes any previous agreement.