FLOW Jamaica Terms & Conditions
WHEREAS the Customer, (herein referred to as the 'Customer') has requested and agreed to have Columbus Communications Jamaica Limited, trading as FLOW (herein referred to as ‘FLOW’ or the 'Company') provide cable television and/or, internet access and/or digital landline service (herein referred to individually or collectively referred to as the ”Services”) delivered to the stated service address (herein referred to as the “Premises”) on the terms and conditions set out in this Agreement. WHEREAS the Company has agreed to provide the said Services and the Customer has agreed to receive the Services on the terms and conditions set out in this Agreement.
IT IS HEREBY AGREED as follows:
The Customer agrees to allow employees and/or agents of the Company access to the “Customer's Premises” at reasonable times to install, inspect, upgrade, remove and maintain the Company's equipment (herein after referred to as the “Equipment”) and upon termination of this Agreement (whether by the Customer or by the Company), to permit the Company's employees and/or its agents to remove the equipment from the Premises without obstruction. For the purposes of this Agreement, the word "equipment' includes any set-top boxes, cable modems, or other devices which may be sold to the Customer.
The Customer understands and agrees that all services and related Equipment must remain on the Premises for the duration of the service agreement and cannot be removed or transferred without prior written consent from the Company. Furthermore, the equipment shall remain on their premises for the sole provision of the Services and will remain the property of the Company and that the Customer is not the owner of the equipment (except where purchased by the customer), nor has any rights in relation thereto. All repairs and modification of the equipment shall be made only by the Company or its employees or authorised agents. Customers who subscribe to internet access and/or digital landline service agree to comply with the Company's Acceptable Use Policy, which is posted on the Company's website (www.flowjamaica.com).
The Customer is responsible for all equipment that has been provided to them to receive the services of the company. The Customer is responsible to ensure that arrangements are made with the office to return equipment in excellent working condition to avoid absorbing the full cost of the equipment. This fee may vary due to equipment concerned.
The Customer shall not disturb, tamper with, reroute, relocate, transfer or in any way interfere with any component on the system or the equipment. This includes equipment purchased by the Customer in order to receive the Services provided by the Company. Any unauthorized connection to or modification of the Equipment installed will be considered a breach of this Agreement, entitling the Company to terminate same. The Company shall be entitled to recover damages for any loss or injury resulting from the breach by the Customer of any obligation of the Customer under this Agreement, or any applicable law including the obligation of the Customer not to tamper with the equipment.
From time to time service interruptions may occur due to scheduled maintenance procedures or equipment failure for which the Company agrees that it will use its best efforts to restore the services as quickly as possible. In the event that there is a disruption in the delivery of the services up to the Premises for a continuous unbroken period of seventy-two (72) hours the Company agrees to make service fee adjustments for these interruptions where the disruption is not caused by Acts of God including without prejudice to the generality of the foregoing hurricane, fire, rainfall, flood, public power supply outages or any other reason beyond the sole control of the Company.
It is further understood and agreed that:
- All materials and equipment, not purchased by the Customer, installed by or on behalf of the Company to serve the Customer remains the property of the Company and shall be returned to the Company free from any damage whatsoever, fair wear and tear excepted, upon the termination of Service for any reason whatsoever and the Customer shall be liable to the Company for any damage or loss suffered by the Company as a result of the failure by the Customer to comply with the requirements of this provision.
- Customer owned equipment provided by the Company is covered by a 90 day warranty.
- The Customer shall not modify, interfere with, cause or permit any modification or interference in any way with the installation of the Equipment or the Equipment.
- The Customer represents and warrants that the Customer possesses the requisite authority to enter into this Agreement and to perform the obligations of the Customer hereunder including obligations relating to the installation and removal of the equipment by the Company, and the Customer agrees that the Customer shall be liable to the Company for any damage or loss caused to the Company due to breach of this warranty.
- Services provided by the Company are for one dwelling unit, defined as a unit with no more than one kitchen and shall not in any way be rerouted diverted, split or broadcasted by the Customer.
- Installation charges, first months charges, Security Deposit and any General Consumption Tax ("G.C.T.”) payable thereon are payable in advance.
- During installation of Services to the Customer's house, the Company will connect the sheath of one or more cables to a ground reference either by integrating into the Customer’s house ground or by installing a separate ground electrode to facilitate this connection. In either case the Company will not be responsible for any damages or injuries that occur as a result of electrical storms, power outages, power surges or any other power anomaly. The installation of this ground connection may reduce the likelihood of any damage caused by such power anomaly and it is the responsibility of the Customer to ensure that this ground connection is not disconnected or damaged. Customers are advised to further protect electronic equipment through appropriate power related devices.
- Should the customer dispute any amount set forth in the invoice, it is the responsibility of the Customer to notify the Company within twenty (20) days of the date of the invoice, and take necessary steps to rectify the disputed invoice. Failure to notify the Company of a dispute shall not relieve the Customer from his/her obligations to pay for the Services on or before the twenty-eighth (28th) day of the same month. Where the Customer disputes the charges in an invoice, the Customer shall nevertheless pay the amount stated in the invoice on or before the twenty-eighth (28th) day of the month notwithstanding that the dispute may not have been settled by that date.
- The failure on the part of the Company to deliver an invoice to the Customer shall not relieve the Customer of his/her obligation to pay the charges for the Services on or before the due date. In the event that the Customer does not receive an invoice from the Company, the Customer shall be obliged to ascertain the amount owing to the Company by contacting the Company by telephone at its customer service telephone number(s).
- Where available, pay-per-view or Video on Demand purchases, made on any set-top device or other equipment that has been assigned to the Customer, are the financial responsibility of the Customer.
- The Company may terminate the Services by giving the Customer notice by telephone, in writing, via email or by messages over the cable television network, via a message on a voicemail system, or a text message. If the Customer's payments are in arrears, the Company may terminate services without notice.
- The Company shall not be responsible in any way for the operation, maintenance, service or repair of any customer owned equipment including but not limited to the Customer's television receiver, stereo system, telephone or computer.
- The Company may vary the subscription fees and the terms and conditions of this Agreement upon giving the Customer thirty (30) days written notice. The Customer shall pay such varied fees for as long as the Customer continues to use the Services.
- The Company may from time to time and without prior notice alter, replace or reduce the number of channels provided as a part of its cable television service where such amendment is beyond the reasonable control of the Company including channels, which were previously advertised as a part of the Company’s channel offerings. Any such amendment shall in no way affect the fees payable by the Customer to the Company for the Services. For the avoidance of doubt, the fees charged for its cable television service are not calculated on a per channel basis as some channels are provided on a complimentary basis and such fees are charged based on the package(s) of channels selected by the Customer.
- The Company may amend the provisions of this Agreement from time to time by posting such amendments upon its website located at www.flowjamaica.com and uniform resource locators located on the worldwide web (hereinafter referred to as “Internet Postings”). The use by the Customer of the Services after such Internet postings shall be deemed to be acceptance by the Customer of such amendments. It shall be the responsibility of the Customer to frequently check for Internet postings.
- In the event that the Services are discontinued due to default in payment of subscription fees, the Customer must pay the following before Services are restored: any arrears, a re-connection service charge, a month's rental, Services' fees, and a Security Deposit as determined by the Company.
- Subscription fees and other service fees for each month that the Services are provided to the Customer plus GCT thereon, are payable in advance on the first day of the month in which the Services are provided however the Customer shall have until the twenty-eighth (28th) day of the same month to pay such fees without incurring any penalties. In the event that the twenty-eighth (28th) day of a month is not a Business Day, payment shall be made on or before the last Business Day preceding the twentyeighth (28th) of the month. For the purposes of these Terms and Conditions, the term “Business Day” shall be a day on which commercial banks in the city of Kingston, Jamaica are open to the Public for over-the-counter transactions and shall also include Saturdays but not Sundays.
- Without prejudice to any other right of the Company, it shall be entitled to deduct at any time from the Security Deposit all outstanding amounts owing to it by the Customer and the Customer shall be required to restore the Security Deposit to an amount required by the Company which may be greater than the initial amount.
- In the event that this Agreement is terminated for any reason whatsoever, the customer is responsible to contact the company within ten (10) days of the effective date of termination to return the Security Deposit or the balance thereof (provided there is no outstanding balance owing) to the Customer without interest. The request for the Security Deposit returned will take up to 14 business days to be processed.
- Either party may terminate this Agreement upon giving thirty (30) days notice to the other. The Company may forthwith terminate this Agreement without notice in the event that any amount payable by the Customer hereunder is not paid on or before the due date.
- The Customer agrees that the Company shall be entitled to disclose to and provide to any credit bureau legally operating in Jamaica any and all credit information relating to the Customer’s business with the Company including without prejudice to the generality of the foregoing information relating to the history of financial transactions and payment history of the Customer.
- Any provision of this Agreement, which is held invalid or unenforceable, shall be ineffective to the extent of such invalidity or unenforceability and such invalidity or unenforceability shall not affect the remaining provisions of this Agreement.
- This Agreement shall be governed and construed in accordance with the laws of Jamaica and each party agrees to the exclusive jurisdiction of the courts of Jamaica.
The Customer hereby agrees to pay to the Company the monthly charges as adjusted by the Company from time to time in exchange for the provision of the Services. The Customer also agrees that if he/she changes any of the Services at any time he/she will pay the new rates and charges associated with those changes. The Customer acknowledges that he/she is also aware that payment is due at the FLOW office by the twenty-eighth (28th) day of each month for the services provided in the particular month. In the event that the Customer is making a payment for the Services at a location other than one of FLOW’s offices, the Customer shall allow five (5) extra business days for processing to ensure payment reaches FLOW within the aforementioned time allowed. The Company will be entitled to charge the Customer a late fee of J$250.00 or such other amount as the Company may require from time to time plus G.C.T. per month on any balances which are not paid within the time permitted by this Agreement. In relation to any bank returned items the Company will be entitled to charge the Customer a fee of J$900.00 or such other amount as the Company may require from time to time plus G.C.T. In consideration of the Company agreeing to provide the Services, the Customer hereby agrees not to make or in any way assist in the making of any claim against the Company in relation to any damages, loss or injury arising or resulting from the installation, operation and maintenance of the Company’s plant and equipment on the Premises or in relation to the provision of the Services or any disruption of the Services. The Company will only refund a credit if contacted by the customer within thirty (30) days of the disconnection. Refunds will take up to fourteen (14) business days to be processed once requested. The Customer represents and warrants that he/she has read and understands the terms and conditions of this Agreement and agrees to all the terms and conditions set out herein. The Customer further acknowledges that G.C.T at the then applicable rate will be added to the subscription fees charged to him/her by the Company whose G.C.T Registration # is 001703382. January 2010.