SERVICE SPECIFIC TERMS AND CONDITIONS
These Service Specific Terms and Conditions together with the General Terms and Conditions and the Terms and Conditions for Sale and Rental of Equipment apply when We provide the Service and/or sell Equipment to You. You are deemed to have accepted these Service Specific Terms and Conditions, the General Terms and Conditions and the Terms and Conditions for Sale and Rental of Equipment when You sign the Service Application Form.
1.1 In these Service Specific Terms and Conditions:
“Account” means a statement or record on which we register all Your charges or credits.
“Airtime” means use of Our mobile network in consideration of payment of usage charges.
“Card” means the prepaid calling card which You purchase from Us or other authorized agents which will enable You to access the Service, and also includes Airtime purchased via electronic or “TopUp” means.
“Call Credits” means the value of the calls remaining on the Card, which is available for use by You.
“Service” means the mobile services We provide to You.
“SIM Card” means the Subscriber Identity Module used with GSM compatible mobile phones to access the Service.
1.2 The terms “roam” or “roaming” refer to coverage on another carrier’s network that We may make available to You based on Our agreements with other carriers. These agreements may change from time to time and roaming coverage is subject to change without notice.
1.3 Reference should be made to the General Terms and Conditions for any definitions which are not specifically included in these Service Specific Terms and Conditions.
2. MOBILE PHONES NOT PROVIDED BY US
2.1 When You subscribe to the Service but use a mobile phone not provided by Us that mobile phone must comply with standards to be determined by Us. We can change these compliance standards at any time during Our agreement by providing you with thirty (30) days notice in writing before any changes take effect.
2.2 If You use a mobile phone that We did not provide We can only provide the Service to You if We can program Your phone. You agree that it is Your responsibility to give Us all information, which We need to do this, including the manufacturer of the mobile phone, and the initialisation and programming instructions for the mobile phone. We are under no obligation to obtain this information from the manufacturer or any other source. We cannot guarantee provision of the Service to You when You use a mobile phone not supplied by Us.
3. LOST/STOLEN MOBILE PHONES AND SIM CARDS
3.1 You agree to take adequate precautions to prevent damage to, or unauthorised use or theft of, Your mobile phone and the SIM Card.
3.2 If Your mobile phone and/or SIM Card is lost, stolen or damaged, You must call our Contact Centre immediately and We will bar the mobile phone from making or receiving any calls. You must confirm Your report in writing within fourteen (14) days. If the mobile phone/SIM Card is subsequently recovered You must request in writing that We lift the bar on Your service. Where We provide You pre-paid Service We will require Your completed registration form or Service Application Form and proof of identity to effect these changes. In any event, You are responsible for paying all charges resulting from use of the mobile phone and/or SIM Card until You notify Us in writing of its loss, theft or damage.
4. PROVIDING SERVICES
4.1 Wireless systems use radio channels to transmit voice and data communications over a complex radio network. Your mobile phone may contain sensitive or personal information. We will make all reasonable efforts to ensure privacy while using a mobile phone, however mobile telephone calls may be intercepted and so, while complete privacy is likely, it cannot be guaranteed; and We will not be liable to You for any lack of privacy which You may experience while using the Service.
4.2 We are not responsible for any information on Your phone, including sensitive or personal information. If possible, You should remove or otherwise safeguard any sensitive or personal information when Your phone is out of Your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling Your phone. By submitting Your phone to Us, You agree that Our employees, contractors or vendors may access all of the information on Your phone.
4.3 We will provide the Service to You as long as You agree not to use the Service or allow anyone else to use the Service:
4.3.1 for sending any communication (text and/or voice, still and or video photographs or images) which is of an offensive, abusive, indecent, obscene or threatening nature or let anyone else use the Service for any of these purposes; or
4.3.2 to make calls, send text messages and/or send still and or video photographs or images, or allow others to use the Service to make calls, send text messages, and/or send still and or video photographs or images that cause any nuisance, annoyance, or inconvenience to anyone; or
4.3.3 to attach any device to the mobile phone, or use any procedure to avoid, evade or reduce payment of Our charges or let anyone else do so; or
4.3.4 to attach to a mobile phone or Our property any electrical or mechanical device without Our written consent.
4.4 Your ability to receive roaming coverage depends on the radio transmissions Your mobile phone can pick up and the availability of roaming coverage. We make no guarantee that roaming coverage will be available. Roaming coverage may exist both within and outside Our network coverage areas. Your phone will generally indicate when You are roaming. Depending on Your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (including data services, voicemail, call waiting, etc.).
4.5 You must only use mobile phones, SIM Cards and accessories that have been approved by Us for use with the network, and must follow relevant laws, regulations and rules that apply to use of the Service and the network.
5. SIM CARDS
5.1 GSM compatible mobile phones only work with a SIM Card. This card contains a microchip that identifies You to Our network. It stores information about Your phone number, service and registration and provides the memory for Your phone book and stored messages. For Your security, You should add a personal security code to Your SIM Card to prevent unauthorised use of Your phone. The Service will not work without the SIM Card so You must keep it with You at all times.
5.2 You shall use the SIM Card provided to You only to access Our network and Our services. You acknowledge that we have configured the SIM Card such that it is barred from use with any other provider’s network or service. The SIM Card is locked to Our network. You shall not unlock the SIM Card or allow any third party to unlock the SIM Card without Our prior written consent. If You attempt to use Your SIM Card with any third party network or services, or in any way not expressly authorised by Us, this may result in Your service being permanently blocked; in which case the SIM Card must immediately be returned to Us. We accept no responsibility for Your service being blocked in this way.
5.3 You acknowledge and agree that the SIM Card remains Our property and You must keep the SIM Card safe and in good condition while it is in Your possession. Any loss of or damage to the SIM Card, other than through fair wear and tear, is Your responsibility and, in the event of loss or damage, You will be required to pay for a replacement SIM Card. A replacement fee will not be charged in the event that a SIM Card is faulty or defective and returned to Us within the applicable warranty period. Any replacement SIM Card will also remain Our property.
5.4 You agree not to interfere with the SIM Card for any reason.
5.5 At Our request, and/or on termination of Your agreement with Us, You shall return the SIM Card to Us or anyone acting on Our behalf, as per our instructions.
6. PRE PAID SERVICE – THE CARD AND CALL CREDITS
6.1 Call Credits are valid for a prescribed number of days from the day that the Card is activated. Call Credits not used within the prescribed periods expire at the end of the particular period.
6.2 If You add additional Call Credits to Your Account while it is active, Your Account is extended for an additional number of days from the latest top-up date.
6.3 You must in any event top-up Your account within the grace period prescribed for the last Card activated on the Account. If You do not do so You will lose the telephone number assigned to You and You must obtain a new telephone number from Us by paying Us the charges set out in Our current price list for assigning You a new telephone number.
6.4 Call Credits are not refundable or redeemable for cash and, unless specifically stipulated by FLOW in specific circumstances, they cannot be transferred to anyone else.
7. CHARGES FOR PRE-PAID SERVICE
7.1 You pre-pay for the Service by topping-up Your Account with Us. You do this by purchasing additional Cards or via electronic or self “TopUp” systems. Your pre-payments are not repayable by Us nor is interest payable on any credit You have with Us. Each time the Service is used by You (or by someone else using the Equipment), the Call Credits You have purchased are reduced in accordance with the usage charges. You agree that Our records determine how much Your account is topped-up and the rate of use of the Service.
7.2 In the event that usage charges are not applied in real time and We subsequently become aware of such use of the Service We shall subtract the usage charges from Your Account at such later time.
7.3 You agree to pay Our rental charges if You rent Equipment from us.
7.4 You agree to pay Our reactivation charge, as set out in our current price list, if You reactivate the Service in accordance with Clause 7.3 above.
8. INACTIVE PRE PAID ACCOUNTS
8.1 If We provide You a pre-paid Service, We may terminate the Service without prior notice if the Account maintains a zero balance beyond the end of the grace period prescribed for the last Card or Top-Up activated on the Account.
8.2 Where the Service is suspended or disconnected we are not obliged to refund any additional pre-paid Call Credits held on Your Account.
9. ACCEPTABLE USE POLICY
9.1 You must comply with the terms of the Acceptable Use Policy (as amended from time to time) which is posted on Our website at www.time4FLOW .com, which is incorporated herein by reference and by which You agree to be bound.
MOBILE DATA SERVICE
These Service Specific Terms and Conditions together with the General Terms and Conditions and the Service Specific Terms and Conditions for Mobile Services apply when We provide to You mobile data services including, but not limited to, post-paid, pre-paid and roaming data services on Our Mobile Data network. You are deemed to have accepted these Service Specific Terms and Conditions, the Service Specific Terms and Conditions for Mobile Services and the General Terms and Conditions when You sign the Service Application Form.
1.1 In these Service Specific Terms and Conditions:
“Device” means the telecommunications equipment or device through/ by/ on which You receive the Service.
“Internet” means the global information system consisting of a large number of interconnected computer networks that communicates through the use of TCIP/IP network protocols; commonly referred to as the World Wide Web.
“Mobile Data” means FLOW’s GPRS (General Packet Radio Service) or LTE (Long Term Evolution) services, or any other mobile data transfer technology that We may introduce from time to time, as the case may be.
“Service” means the Mobile Data service We provide to You as per the terms and conditions contained herein.
1.2 Reference should be made to the General Terms and Conditions and the Service Specific Terms and Conditions for Post Paid Mobile Services for any definitions which are not specifically included in these Service Specific Terms and Conditions.
2. DESCRIPTION OF THE SERVICE
2.1 The Service includes: A. the sending and receiving of mobile data between capable mobile data devices, and B. Internet connectivity. Depending on the type of Device and mobile data plan, the Service may also include direct access to mobile and Internet content and applications. The Service will be provided over Our network using either GPRS/EDGE/LTE, Mobile Broadband technology or any other mobile data transfer technology that We may introduce from time to time, and access to the Service will require a compatible Device.
3.1 Usage and monthly fees will be charged as specified in Your Service Application Form as per the specific plan that You subscribe to. Data transport is normally billed per Megabyte which is 1024 Kilobytes of data, and actual transport is rounded up to the nearest one hundredth of a Megabyte at the end of each data session for billing purposes. We charge in increments of one hundredth of a Megabyte at the end of each month. If You are on an inclusive data plan You will be charged a monthly fee for the specified monthly data increment plus a specified Megabyte rate for data used over the plan limit. Your invoice will not separately identify the number of kilobytes attributable to Your use of specific services. Premium content (games, ringers, songs, etc.) are priced separately. Data sent and received includes, but is not limited to, downloads, uploads, email, overhead and software update checks. Reported data may be higher than expected due to network overhead, software update requests, and resend requests that may be caused by network errors. You are responsible for all data activity from and to Your Device, regardless of who initiates the activity.
3.2 If You are not subscribed to a data included plan or add-on, pay-as-you go charges are incurred when using data applications and services.
3.3 Prices do not include taxes, or roaming, or other fees which may be exempted from time to time by Us and are subject to change.
3.4 You are responsible for the payment of all charges for the Service, including but not limited to access charges, and charges for service features.
3.5 In the case of prepaid service, no bill will be sent to You and network access will be terminated where the Service is deemed to be inactive by Us, that is, if You have a zero balance on Your account for a period in excess of the period prescribed by Us and or the value of the prepaid credit on Your account has expired and has not been renewed for a period in excess of the period prescribed by Us.
4.1 Roaming charges for the Service may be charged when outside Our wireless network. Display on Your Device will not indicate whether You will incur roaming charges. Use of the Service when roaming is dependent upon the roaming carrier’s support of applicable network technology and functionality. Certain capabilities of the Service may vary or be unavailable in certain countries and with particular carriers while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. You are responsible for paying Your roaming charges whenever the bill is rendered.
5. OFFNET USAGE
5.1 If Your usage of the Service on other telecommunications providers’ wireless networks (referred to as “offnet usage”) during any two consecutive months exceeds Your offnet usage allowance, We may at Our discretion terminate Your access to the Service, or deny Your continued use of other telecommunications providers’ coverage. Your offnet usage allowance is equal to 20% of the Megabytes included in Your mobile data plan. For example, if Your mobile data plan includes 1 Gigabyte, or 1024 Megabytes of data, Your offnet usage allowance is restricted to a cumulative maximum of 205 Megabytes of data over two (2) consecutive months. Case-bycase exceptions may be considered if pre-approved by Our customer service department.
6. SERVICE AVAILABILITY AND ACCESS/COVERAGE
6.1 We do not guarantee availability of Our wireless network. Data services are not available with all Our mobile phones. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Aspects of the Service (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to, or resident on, Your Device. Coverage areas vary between Our Mobile Broadband and GPRS/EDGE/LTE network technology. Actual download speeds depend upon Device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use, capacity constraints, and the type of network technology used in specific locations to provide service (including Mobile Broadband or GPRS/EDGE technology). Availability of downloadable or streaming content is subject to change, including but not limited to television channels and radio stations.
6.2 Wireless access to corporate/employee email may require additional server or server access, licenses, or additional requirements which incur additional charges.
7.1 Our data services and Your Device may allow You to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from Us or Our vendors, while other Data Content can be accessed from others (third party websites, games, ringers, etc.). We make absolutely no guarantees about the Data Content You access on Your phone. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by You or anyone on Your account. We strongly recommend You monitor data usage by children/ minors. Data Content from third parties may also harm Your Device or its software. To protect Our network, Services, or for other reasons, We may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), impose separate charges, limit throughput or the amount of data You can transfer, or otherwise limit or terminate Services. If We provide You storage for Data Content You have purchased, We may delete the Data Content with notice or place restrictions/limits on the use of storage areas. You may not be able to make or receive voice calls while using data Services. Data Content provided by Our vendors or third parties is subject to cancellation or termination at any time without notice to You and You may not receive a refund for any unused portion of the Data Content.
8. PROHIBITED AND PERMISSIBLE USES
8.1 Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email access; (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (iv) sending and receiving of pictures and videos clips between individuals; (v) licensed music and content downloads by individuals; and (vi) mobile data streaming applications for individual use. While these are recognized as the more common uses permitted by Your data plan, there are certain uses or applications that cause extreme network capacity issues – they severely interfere with Our network – and are therefore prohibited.
8.2 Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing applications; (ii) VOIP (Voice Over Internet Protocol) applications; (iii) “auto-responders,” “cancelbots,” or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either Our wireless services or other parties’ Internet-based resources, including “denial of service” (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access, without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Our wireless network or another entity’s network or systems; (vii) software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or any “keep alive” functions, unless they adhere to Our data retry requirements, which may be changed from time to time. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services, redirecting television signals for viewing on personal computers, web broadcasting, and/or the operation of servers, telemetry devices and/or supervisory control and data acquisition devices are prohibited. We reserve the right, without notice to anyone, to (i) deny, disconnect, modify and/or terminate the Service of anyone We believe is using the Service in any manner prohibited or whose usage hinders access to Our wireless network, adversely impacts Our wireless network or service levels, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect Our wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. As a subscriber You may not send solicitations to other wireless subscribers without their consent. You may not use the Service other than for its intended use and as governed by these terms and conditions and applicable law. Plans are for individual, non-commercial use only and are not for resale. Your use of the Service is subject to Our Acceptable Use Policy, as amended from time to time, which is posted at https://discoverflow.co/barbados, which is incorporated herein by reference and by which You agree to be bound. We may, at Our discretion, and by using the Service You acknowledge and agree that We may, monitor Your use of the Service and Your traffic, at any
time, for compliance with Our terms, conditions or usage policies (or any related purposes).
9. SPECIAL CORPORATE MOBILE DATA AGREEMENTS
9.1 Special mobile data agreements may be available, depending on usage volume, quantity of units and contract length. Persons interested in discussing such agreements must contact their designated FLOW Account Representative or visit one of FLOW’s retail stores. Additional, or different, terms and conditions may be applicable.
10.1 We do not guarantee security. If You use Your Device to access company email or information, it is Your responsibility to ensure that Your use complies with Your company’s internal IT and security procedures.
11. CHANGES TO THE TERMS AND CONDITIONS
11.1 These terms and conditions may be changed from time-to-time. We will post the most current version of these terms and conditions at https://discoverflow.co or other appropriate location. They are also available in Our retail stores. Please check these locations regularly to inform Yourself about changes to the terms and conditions.
12. ACCESS REQUIREMENTS
12.1 Additional hardware, software, subscription, credit or debit card, Internet access from Your compatible PC and/or special network connection may be required in order for You to use the Service, and You are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. You are solely responsible in that regard. We are not responsible for any damage caused in any way by the preceding hardware, software or other items/requirements, or by any third party products or services.
13.1 We are not responsible for loss or disclosure of any sensitive information You transmit. Our wireless services are not equivalent to landline Internet. We are not responsible for non-proprietary services or their effects on Devices. If applicable, use of Desktop Toolbar requires compatible home computer products. Caller ID blocking is not available when using the Service, and Your wireless number may be transmitted to Internet sites You visit. As a result, You may receive unsolicited messages from third parties and a charge for these messages may apply (i.e., data charges for downloading these emails and applicable attachments) whether the message is read or unread, solicited or unsolicited.
14. ADDITIONAL TERMS FOR SPECIFIC MOBILE DATA SERVICES
14.1 Text, Instant Messaging and Picture/Video Messaging
Messages are limited to 160 characters per message. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. Premium text and picture/video messages are charged at their stated rates. Text, instant, picture and video messages, including downloaded content, not delivered seven (7) days after being sent, will be deleted. We reserve the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to You in multiple parts. Picture/Video messaging, data plan, and text messaging may need to be provisioned on an account in order for You to use picture/video messaging. Some elements of picture/video messages may not be accessible, viewable or heard, due to limitations on certain wireless phones, PCs, or e-mail. There is no guarantee that messages will be received, and We are not responsible for lost or misdirected messages. We reserve the right to change the picture/video message size limit at any time without notification. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient. Text message notifications may be sent to non-picture/video messaging subscribers if they subscribe to text messaging. Unused monthly plan messages do not carry forward.
14.2 Unlimited Mobile-to-Mobile Messaging
Some rate plans may include unlimited text, picture and video messages between Our wireless customers for a fixed fee. Certain message types, including instant messaging services, may be outside of the plan and would therefore be charged additional fees. It is up to You to check what types of messages are included in the plan.
14.3 Directly Billed Third Party Content
Third party content or services may be billed directly on Your wireless bill. You may be charged monthly on Your FLOW bill for all transactions entered into during the previous billing period(s). If others use Your payment or account information, You are liable for charges they incur. If You should have any questions on Your transaction history You may contact Our customer care department. We may terminate the account of anyone who seeks refunds on improper grounds. Transactions on prepaid services will be debited from Your account balance at the time of the transaction. If there are insufficient funds in Your account at the time of the transaction, You will not be able to complete Your purchase or receive the requested services.
14.4 Content Downloads
Availability of content, including (but not restricted to) ringtones, graphics, games or video clips, may vary based on the handset capabilities. Content alerts may be delivered in multiple messages. Content charges may be issued as a one-time download charge, a subscription rate, or per Megabyte of data. Usage charges apply to play multi-user games against other wireless users or the server. Consult Our advertised rates for details, or contact Our customer care department.
14.5 Mobile Email
Mobile Email requires an e-mail account with a compatible Internet service provider and a downloaded or preloaded e-mail application for the wireless Device. Access to and use of Mobile Email is billed by total volume of data sent and received (normally in kilobytes), unless You have an ‘Unlimited’ plan or a plan that allows for a specified amount of data use for a particular cost. Upgrades to the email application on Your Device may be required in order to continue to use the Service. Wireless data usage charges will apply for downloading the application and any upgrades. Your capability to view attachments will vary depending on the type of data Device that You have. Check the user instructions that came with Your Device.
15.1 You should refer to the Service Specific Terms and Conditions for Mobile Services for the additional terms and conditions governing the use of the Service.
TERMS AND CONDITIONS OF MOBILE AND DATA SERVICE