GENERAL TERMS & CONDITIONS FOR THE PROVISION OF SERVICE
THE CUSTOMER AND CCCNV HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
DEFINITIONS AND INTERPRETATION
In these Conditions the following definitions and interpretations shall have the meaning subscribed thereto:
“CCCNV” Any reference to CCCNV in this agreement includes without limitation its duly authorized servants, agents, employees and/or subcontractors.
“Territory" - The island of Curacao.
“Customer” Any reference to the Customer in this Agreement includes without limitation its servants, agents, employees, end users and without limitation all other persons who use or access the Customer’s services provided and or contemplated herein.
“Law” or “Laws” The Service Agreement and these Conditions shall be governed, construed and interpreted in all respects in accordance with the laws of Curacao.
Descriptive Word/s A word or words or a phrase place in inverted commas and enclosed in brackets will be deemed to be the descriptive word/s or definition of the matter described in the preceding word, words or phrase and will be used to achieve the same effect of the phrase “hereinafter referred to as…” and in any place after where the descriptive word/s is/are used in this agreement it/they will be construed to be such description or definition.
- GENERAL TERMS AND CONDITIONS
- A subscription is requested by completing and signing a work order ("Work Order") which states the General Terms and Conditions. By signing the General Terms and Conditions, the Applicant indicates acceptance of these Terms and Conditions.
- The customer named in this Official Receipt (the “Customer”) understands that he/she is responsible for all users of (“CCCNV”) services (the “Service”) and equipment (the “Equipment”) at his or her premises, (the “Premises”) identified in this receipt, and is liable to (“CCCNV”) for any damage or loss to its Network, Services or Equipment resulting from any acts and /or omissions of such users. Customer acknowledges and agrees that he is solely responsible and liable to (“CCCNV”) for any and all breaches to the Terms and Conditions of Service (the “Agreement”) whether such breach is the result of use of the Service and /or Equipment by the Customer or by any other user. Customer agrees to indemnify and hold harmless (“CCCNV”) against all and any claims and expenses (including reasonable attorney fees) arising out of the unauthorized use of the Service and /or Equipment and by any other user or person at the premises or elsewhere.
- Customer understands that the Service is for his/her personal use, agrees not to authorize, consent to cause (directly or indirectly) the distribution and transmission of the Service at any place other than the Premises and understands that to do so may result in the immediate termination of the Service.
- Customer acknowledges and warrants that he/ she owns leases and occupies the Premises or is the duly authorized agent of the owner, landlord or occupier and is authorized thereby to connect the Service on the Premises.
- Ownership of the Equipment: The customer acknowledges that the Equipment shall remain at all times the property of (“CCCNV”) or its designee and warrants and undertakes not to sell, transfer, lease, encumber, assign or otherwise dispose of all or any part of the Equipment to any third party or otherwise. The Customer shall be liable to (“CCCNV”) for the replacement costs or any lost stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or any part thereof, together with any incidental costs reasonably incurred by (“CCCNV”) in the replacement or recovery of said Equipment.
- Care of Equipment:
- The Customer shall at all times use the Equipment with care and in a proper manner. Upon the termination of this agreement for whatever cause, the Customer shall return and decoder, converter, or any other unattached Terminal Equipment to (“CCCNV”) in the same state and condition as when it was received from (“CCCNV”), reasonable wear and tear expected. Without prejudice to other rights (“CCCNV”) may have in law (“CCCNV”) retains the right to charge the Customer for the cost of repairing and or replacing any Equipment damaged while in the possession of the Customer.
- Decoders, converters cable modems and other Terminal Equipment are for use exclusively at the Premises, by the Customer or anyone authorized thereby to receive Service and any other video, audio or other programming services offered by (“CCCNV”).
- Customer shall be responsible for the care and maintenance of the Equipment whilst in his/her possession and liable for any damages resulting from negligent handling misuse or abuse of the Equipment (except for normal wear and tear). Customers shall not open, alter, disassemble or tamper with the Equipment. Customer understands that failure to observe the requirements in paragraphs 2b (i), (ii) & (iii) above will be grounds for termination of service without notice by (“CCCNV”). (“CCCNV”)reserves the right to pursue legal actions to recover any damages incurred.
- Installation And Access To The Equipment: Customer authorizes (“CCCNV”) and its duly authorized agents, servants and workmen at all reasonable times and upon due notice being given, to enter the Premises and install, maintain, inspect, repair or remove all or any Equipment. Authorized officers of the Bureau Telecommunication and Post should also be allowed access.
- Tampering With Equipment: (“CCCNV”) or its authorized agents shall have the sole and exclusive rights to make all repairs and or modifications to the Equipment and provide the Service to the Premises. Customers shall not disturb or tamper with, re-route or in any way interfere with ant Equipment or any component, installation, and/or Equipment necessary for the provision of the Service, nor attach any unauthorized device or any Equipment to the network. All connections to and from the network to the Premises must be made by or with the proper written consent of (“CCCNV”) or its duly authorized agents. Customer shall not authorize, agree to and /or permit any unauthorized connection being made from the Premises and any Equipment or transmit and or distribute the Service or any signals or benefits therefrom via any unauthorized device or unauthorized connection location, whether on or off the premises. Customer understands that a breach of this provision entitles (“CCCNV”) to terminate the agreement and disconnect the Service without notice to the customer. (“CCCNV”) shall at all times have the right to disconnect any unauthorized device or connection to the Equipment or Network without notice to the customer.
- Relocation of Equipment: The Customer shall not relocate the Equipment to any location other than the Premises without first obtaining the approval of (“CCCNV”). (“CCCNV”) may grant its approval subject to such terms and conditions as it thinks reasonably necessary, provided that the customer is not in arrears of any Fees. Customer shall be liable for all or any additional charges incurred in any reasonable relocation of the Equipment and services. In all cases, Customer shall notify “(“CCCNV”)” as provided in the clause.
- Return of Equipment: In the event of the disconnection of the Service by “(“CCCNV”)” for whatever cause, Customer shall return all Decoders, Converters or unattached Terminal Equipment to “(“CCCNV”)” in good condition (fair wear and tear expected) within 14 days from the date of such disconnection, failing which, Customer understands that the Decoders, Converters or unattached Terminal Equipment shall be deemed by (“CCCNV”) to be lost, damaged or beyond repair and /or destroyed and customer shall be liable to (“CCCNV”) for all costs incurred by (“CCCNV”) in the replacement thereof.
- The Customer’s Equipment: (“CCCNV”) shall not be liable for any damage, loss or destruction to Customer’s property except in cases of negligence or willful misconduct by (“CCCNV”), in which case, (“CCCNV”) shall only be liable for the cost of the actual damages. Customer hereby waives all other rights to any other relief or remedy available to him/her for such losses.
- Security Deposit for Decoders, Converters or unattached Terminal Equipment: (“CCCNV”) may require at its discretion a refundable security deposit from Customer in an amount deemed adequate by (“CCCNV”) for each decoder. Upon disconnection of the Service and return of the Decoder in good condition (fair wear and tear expected) (“CCCNV”) shall refund the security deposit to Customer, provided that there is no (“CCCNV”) outstanding balance on Customer’s account. In the event of an outstanding (“CCCNV”) outstanding balance, the security deposit shall be applied to the liquidation of such balances with the excess being refunded to the Customer.
- PAYMENT TERMS
- Monthly Service Fees: Customer shall pay fees based on the prevailing rates as set forth in (“CCCNV”) price list, a copy of which will be furnished to each customer.
- All fees and charges are in Netherlands Antilles Guilders and shall be invoiced on the first day of the month. Customer shall pay monthly on his/her account even when not in receipt of an invoice.
- If a current invoice is not received by the 10th on the month (“CCCNV”) shall supply the Customer with a copy upon request ay any (“CCCNV”) Customer Care Centre.
- Bills shall be payable within 30 days from the date of the invoice, after which they may be deemed overdue and subject to a late payment fee.
- Installation Charges:
- Customer shall pay all charges, including applicable taxes, incurred in the installation of the Equipment and Service at the Premises at the time of the installation or in accordance with (“CCCNV”) existing payment policies.
- Customer shall pay all installation charges and one (1) month’s fee in advance of the connection of the service.
- A non refundable administrative service charge shall be payable by the Customer who cancels prior to the installation thereof.
- Returned Cheques: All dishonored cheques or cheques endorsed “Refer to Drawer” are subject to the bank’s returned cheque service charge and an administrative service charge. Customer shall be required to settle all outstanding balances on their (“CCCNV”) account by cash, certified cheque, postal order or money order.
- Price Changes: (“CCCNV”) reserves the right to change the monthly fees, usage and installation charges at any time and consistent with any regulations.
- Programming Changes: (“CCCNV”) reserves the right to change its programming with respect to additions, deletions, re-arrangements, tiering or packaging for any level of the Service, at any time without consulting with and incurring liability to the Customer.
- Billing Errors: Subject to applicable laws and regulations, Customer may notify (“CCCNV”) of any billing errors, adjustments or other requests for credits within three months from the month in which the discrepancy, error or loss of Service occurred.
- Disconnection for Non-Payment: Customer’s failure to settle an account within 30 days from the date of the invoice may result in disconnection of the Service to the Customer. No reconnection of the Service by (“CCCNV”) in whole or part shall be done until all outstanding amounts, fees, charges and costs are paid in full by the Customer. In addition to a reconnection fee, a security deposit of one (1) month’s fees will also be required. In the event Customer is disconnected twice within one year (“CCCNV”) may at its sole option require Customer to pay an additional security deposit prior to reconnection of the Service.
- Collection fee: Customer will be responsible for all costs incurred in collecting payments that are in default, including collection agency and legal fees.
- Monthly Service Fees: Customer shall pay fees based on the prevailing rates as set forth in (“CCCNV”) price list, a copy of which will be furnished to each customer.
- TERM OF SERVICE AGREEMENT
The term of the Service Agreement will be, based on service package selected as indicated on the signed Terms and Condition of Service, requesting service. The term will commence on the date service is made available as recorded on the Terms and Conditions of Service. Upgrade of service plan initiates the start of a new contract term save and except for optional video theme packages which can be cancelled at any time. The term of the Service Agreement will be automatically renewed on the anniversary date for a similar period. This agreement must be signed by a person that is at least 18 years old and have the legal capacity to accept this agreement. If you’re ordering for an organization, you’re representing that you are authorized to bind it, and where the context requires, “you” means the organization.
- TERMINATION OF SERVICE
- Either party may terminate the Service Agreement by providing to the other party hereto a prior written notice of termination of one (1) month before the end of the Term. The customer must fax +599(9) 7896186 or email the Customer Service Manager at www.discoverflow.co/curacao keep a paper copy of your fax confirmation or email.
- If the customer cancels a contract before the end of the contract term, (“CCCNV”) reserves the right to recover from the customer, an amount representing the value of the unexpired term of the contract.
- Notwithstanding the above set forth in article 5ai (“CCCNV”) may terminate the Service Agreement immediately and without notice in the event of any of the following:
- If the Customer is in default in the payment of any amount due;
- If the Customer is declared bankrupt or judicially determined to be insolvent or fallen into a situation of suspension of payments;
- If any representation or warranty made herein by Customer shall prove at any time to be materially incorrect as of the date made.
- Termination on Violation (“CCCNV”) may terminate the Service Agreement in whole or in part and discontinue any or all levels of service under the Service Agreement at its discretion at any times. In the event of such termination or discontinuation, Customer's account will be refunded on a pro-rata basis, with the exception of a termination by (“CCCNV”) based on a violation of any article of these Conditions. Customers in violation of any article of these Conditions will forfeit an amount equal to one month of service or the remainder of the available credit for their account(s), whichever is less. However, under no circumstance will the Customer be entitled to a credit or refund if, termination is based on a violation by Customer. Where the Customer have not used the Services for the minimum contract period, termination of service will not relieve the Customer from obligation to pay for this minimum usage, as well as any fees due to (“CCCNV”)
- Recovery of Equipment on Termination: Customer shall permit (“CCCNV”) or its employees, agents, contractors or other representatives, access to the Premises at an agreed and reasonable time to disconnect the Service and remove any Equipment form the Premises. If the Subscriber within fourteen (14) days after the end of the subscription does not allow (“CCCNV”) access to the premises to remove the Equipment, the subscription is deemed to continue until the Equipment is removed.
- REPAIR & SERVICE CHARGES
Failure by (“CCCNV”) to remove any equipment shall not constitute abandonment by (“CCCNV”) In the event (“CCCNV”) repair service is requested at the Premises by Customer for any problem which in (“CCCNV”) reasonable judgment, were not caused by (“CCCNV”), Network or Equipment, (“CCCNV”) may impose a reasonable service charge for each such visit. (“CCCNV”) employees or agents shall not service Customer Equipment.
The Equipment and Service is provided by (“CCCNV”) “As Is “ and on a “ Best effort” basis, without warranty of any kind. (“CCCNV”) does not warrant uninterrupted use or operation of the equipment or service. Customer’s sole remedy for service interruption shall be limited to pro rata refund. (“CCCNV”) shall not be liable to compensate any customer for any interruption or break in transmission of the service; breakdown or failure of the network or any other inability by (“CCCNV”) to repair or replace any (“CCCNV”) equipment the duration of which is less than twenty four (24) hours. (“CCCNV”) shall use its best efforts to maintain and repair the Service, Network and Equipment promptly but assumes no responsibility for the following:
- Commercial power failures
- Cessation of transmission by radio or television broadcasting stations or television satellite programs
- Statutory regulations which may restrict, alter, or otherwise eliminate certain kinds of programming
- The failure or cessation, in whole or part of signal delivery systems and or other services provided by common carrier utilities to (“CCCNV”)
- Battery replacement in remote controls
- Work stoppage due to labor dispute, strikes or civil unrest
- Acts of God including floods, storm, hurricanes, lightening accidents, earthquakes, and adverse atmospheric conditions
- Sabotage, theft, or intentional damage to (“CCCNV”) Network or Equipment
- Negligent acts of customers or anyone authorized thereby to use the service
- Any other interruption in the Service not caused by the intentional or negligent act of (“CCCNV”) or which is beyond the control of (“CCCNV”).
- TRANSFER OF SERVICE
In the event the Customer requires a transfer of the Service, and continues to reside within (“CCCNV”) Service area, this Agreement shall remain in full force and effect. (“CCCNV”) reserves the right to charge installation and transfer fees in accordance with (“CCCNV”) policy.
- WORK ORDERS
All work orders used to establish any new customer account or to make any change to any existing customer account or any information recorded on such Work Orders, automatically becomes part of this Agreement.
(“CCCNV”) may at any time, at its sole discretion, change modify or remove portions of this Agreement; increase, decrease, restructure, alter or modify the Service provided hereunder; and increase, decrease, alter or modify the programming content and fees, particularly with respect to (but definitely not limited) circumstances where there are changes in copyright, satellite rights, signal delivery contracts and change in regulation at national and international level over which (“CCCNV”) has no control. (“CCCNV”) will notify customers in advance of any such changes. Customers continued use of the service following notice of any change shall be deemed to be customer’s acceptance of any such modification. If the customer does not agree to any such modification he/she must immediately stop using the Service and notify (“CCCNV”) that he/she wishes to terminate this Agreement in accordance with Section above.
Customer agrees to indemnify (“CCCNV”) from and against all loss, damage, cost and expenses suffered or incurred by (“CCCNV”) from a breach of this Agreement by the Customer, his or her servants, agents, and any other person who was authorized to use the Service at the time of the breach.
- ENTIRE AGREEMENT
In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its term. In signing this official receipt or making a recorded oral agreement with a (“CCCNV”) representative, customer agrees to the Terms and Conditions set forth herein and acknowledges that theses terms and conditions of service supersedes any previous terms and conditions or agreement between (“CCCNV”) and the Customer.
Please note: You sign for an open contract with a monthly service fee, to be made in advance on the first of every month. Please note a late fee applies when your service fee is not paid within 30 days. Your first monthly fee and installation costs are to be made within 2 working days after installation.