1. GENERAL TERMS AND CONDITIONS
a. The customer named in this Official Receipt (the "Customer") understands that he/she is responsible for all users of Columbus Communications Trinidad Limited ("Columbus") services (the "Service") and equipment (the "Equipment") at his/her premises (the "Premises"), identified in this receipt, and is liable to "Columbus" for any damage or loss to its Network, Service or Equipment resulting from any acts and/or omissions of such users. Customer acknowledges and agrees that he is solely responsible and liable to `Columbus' for any and all breaches of the Terms and Conditions of Service (the "Agreement") whether such breach is the result of use of the Service and/or Equipment by Customer or by any other user. Customer agrees to indemnify and hold harmless " Columbus" against all and any claims and expenses (including reasonable attorney fees) arising out of the unauthorised use of the Service and/or Equipment by any other user or person at the Premises or elsewhere.
b. Customer agrees not to authorise, consent to or 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.
c. Customer acknowledges that the premises to which the service shall be connected, are premises that he is authorised to make such connection of the service.
a. OWNERSHIP OF THE EQUIPMENT. Customer acknowledges that all the Equipment provided by “Columbus” shall remain at all times the property of "Columbus" 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. Customer shall be liable to "Columbus" for the replacement costs of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or any part thereof, together with any incidental costs reasonably incurred by "Columbus" in the replacement or recovery thereof,
b.CARE OF EQUIPMENT.
(i) Customer shall at all times use the Equipment with due care and in a proper manner. Upon the termination of this agreement for whatever cause Customer shall return any/ all decoders, converters or other unattached terminal equipment to "Columbus" in the same state and condition as when received from "Columbus", reasonable wear and tear expected. Without prejudice to any other rights "Columbus" may have in law, "Columbus" retains the right to charge Customer for the cost of repairing and/or replacing any Equipment damaged while in possession of Customer.
(ii) Decoders, Converters and other Terminal Equipment are for use exclusively at the Premises by the Customer or anyone authorised thereby to receive Service and any other video, audio or other programming services offered by "Columbus".
(iii) Customer shall be responsible for the care and maintenance of the Equipment whilst in his/her possession and liable for any damage resulting from negligent handling, misuse or abuse of the Equipment (except for normal wear and tear). Customer shall not open, alter, repair, disassemble or tamper with the Equipment. Customer understands that failure to observe the requirements in paragraphs b (i), (ii) & (iii) above will be grounds for termination of Service without notice by "Columbus". "Columbus" reserves the right to pursue any legal recourse to recover any damages incurred.
c. INSTALLATION AND ACCESS TO THE EQUIPMENT. Customer authorises "Columbus" and its duly authorised agents, servants and workmen at all reasonable times upon due notice being given to enter the Premises and install, maintain, inspect, repair or remove all or any Equipment,
d. TAMPERING OF EQUIPMENT. "Columbus" or its authorised agents shall have the sole and exclusive rights to make all repairs and modifications to the Equipment and provide the Service to the Premises. Customers shall not disturb, tamper with, re-route or in any way interfere with any Equipment or any component, installation and/or equipment necessary for the provision of the Service, nor attach any unauthorised device to any Equipment or to the Network. All connections to and from the Network to the Premises must be made by or with the prior written consent of "Columbus" or its duly authorised agents. Customer shall not authorise, agree to and/ or permit any unauthorised connection being made from the Premises and any Equipment or transmit and / or distribute the Service or any signals or benefits therefrom via any unauthorised device or unauthorised connection to any location whether on or off the Premises. Customer understands that a breach of this provision entitles "Columbus" to terminate this agreement and disconnect the Service without notice to the Customer. "Columbus" shall at all times have the right to disconnect any unauthorised device or connection to the Equipment or Network without notice to the Customer.
e. RELOCATION OF EQUIPMENT. Customer shall not relocate the Equipment to any location other than the Premises without first obtaining the approval of "Columbus". "Columbus" 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 relocation of the Equipment and Service. In all cases, Customer shall notify "Columbus" as provided in clause.
f. RETURN OF EQUIPMENT. In the event of disconnection of the Service by "Columbus" for whatever cause, Customer shall return all Decoder(s),Converter(s) or unattached Terminal Equipment to "Columbus" in good condition (fair wear and tear expected) within twenty-one (21) days from the date of such disconnection, failing which, Customer understands that the Decoder(s), Converter(s) or unattached Terminal Equipment shall be deemed by "Columbus" to be lost, damaged beyond repair and/or destroyed and Customer shall be liable to "Columbus" for all costs incurred by "Columbus" in the replacement thereof. This amount will be billed to the customer’s final invoice on disconnection of the Service. If the Customer returns the equipment within twenty-one (21) days from the date of disconnection the amount will be removed from the final invoice.
g. THE CUSTOMER'S EQUIPMENT. "Columbus" shall not be liable whatsoever for any damage, loss or destruction to Customer's Property, except in cases of negligence or willful misconduct by "Columbus", in which case "Columbus" shall only be liable for the costs of the actual damages. Customer hereby waives all other rights to any other relief or remedy available to him/her for such losses.
h. SECURITY DEPOSIT FOR DECODERS, CONVERTERS, AND UNATTACHED TERMINAL EQUIPMENT. "Columbus" may require, at its discretion, a refundable security deposit from Customer in an amount deemed adequate by "Columbus" for each decoder. Upon disconnection of the Service and return of the decoder in good condition (fair wear and tear expected), "Columbus" shall refund the security deposit to Customer, provided that there is no outstanding balance on Customer's account. In the event of an outstanding balance the security deposit shall be applied to the liquidation of such outstanding balance on the Customer’s account with any excess being refunded to Customer. Any refund will be in the form of a cheque.
3. MISUSE OF SERVICE(S)
Customer agrees to use the service(s) for specific agreed purposes and is not entitled to resell, trade, barter with, bypass “Columbus” or other networks or redistribute services without the permission of “Columbus”. “Columbus” reserves the right to discontinue the provision of service to any customer who uses the service for any other reason other than personal use or as intended by Service Agreement. In instances where a customer is found to be misusing the service of “Columbus” Customer will be liable and fully responsible towards “Columbus” and will hold “Columbus” harmless from any claims of third parties for costs and damages due to abuse.
4. PAYMENT & INVOICING TERMS
a. MONTHLY SERVICE FEES & CALL CHARGES.
i. Customer shall pay monthly fees as may be determined by "Columbus" and set forth in the "Columbus" Price List, a copy of which will be furnished to each new customer, displayed at our customer service offices and on the official company website.
ii. Prior to installation of the equipment or commencement of the service a customer will be required to make an advanced payment that will be applied against the first month billing.
iii All Subscription Fees shall be invoiced in advance on the 1st working day of the month.
iv Call charges shall be billed at the prevailing rates.
v Customer will be invoiced monthly. Invoices will be delivered by post and or any other means approved by the company. The Company shall not be responsible for and shall not be faulted for customers’ non-receipt of bills delivered to the post office. Invoice information may be obtained directly from “Columbus” either via online facilities or by contacting the Customer Care Centre. Accordingly, non-receipt of a bill is not an excuse for non-payment. Copy invoices will be made available upon request at any "Columbus" payment centre. Fees for copy invoices will be at the prevailing rate.
vi "Columbus" shall be entitled to enforce a minimum subscription period for services of 30 days. Where Customer terminates a subscription service after less than 30 days of use, the applicable charge will be for 30 days.
vii. Invoices are due and payable within 30 days from the date of the invoice, after which they may be deemed overdue and subject to late payment charge of 2.5% per month of the balance outstanding.
i. Customer shall pay all charges, including VAT, incurred in the installation of the Equipment and Service at the Premises at the time of installation or in accordance with `Columbus" current billing policies.
ii. Customer shall pay all installation charges and one (1) month's fee in advance of the connection of the Service.
iii. A non-refundable administrative service charge shall be payable by the Customers that cancel the Service prior to the installation thereof
c. RETURNED CHEQUES. All dishonored cheques or cheques endorsed "Refer to the Drawer" are subject to the banks' returned cheque service charge and an administrative service charge and Customer shall be required to settle all outstanding balances on their "Columbus" account by cash, certified cheque, postal order or money order.
d. PRICE CHANGES. "Columbus" reserves the right to change prices including the monthly fees and installation charges at any time subject to providing customers with the required 30 days notice as per Concession..
e. PROGRAMMING CHANGES. "Columbus" has the right to change its programming with respect to addition, deletions, re-arrangements, tiering or packaging for any level of the Service at any time without consulting with, and without incurring liability to Customer. ”Columbus” will provide customers with required notification of changes.
f. BILLING ERRORS. Subject to applicable law, Customer may notify "Columbus" of any billing errors, adjustment or other requests for credit within six (6) months from the month in which the discrepancy, error or loss Service occurred
g. 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 without any further notice.
h. RECONNECTION. No reconnection of the Service by "Columbus", in whole or in part, shall be made until outstanding amounts, fees, charges and costs are paid by the Customer unless waived in whole or in part by “Columbus”. In the event Customer is disconnected twice within one year, "Columbus" may, at its sole option, require Customer to pay an additional security deposit prior to reconnection of Service.
5. TERMINATION OF SERVICE: Customer shall give at least 14 days notice in writing to "Columbus" to disconnect the Service. Customer shall permit "Columbus" or its employees, agents, contractors, or representatives access to the Premises, at an agreed and reasonable time, to disconnect the Service and remove any Equipment from the Premises. Failure by "Columbus" to remove any equipment shall not constitute abandonment by “Columbus"
6. REPAIRS AND SERVICE CHARGES: In the event that "Columbus" repair service is requested at the premises by Customer for any problems, which in "Columbus' reasonable judgment were not caused by "Columbus" Service, Network or Equipment, "Columbus" may impose a reasonable service charge for each such visit. For the purpose of imposing this charge, the network demarcation point up to which “Columbus” has responsibility is the terminating equipment, Decoder, Converter or Modem. This indemnifies “Columbus” from cost incurred for the repair of devices beyond the terminal equipment, ”Columbus" employees or agents shall not service Customer Equipment inclusive of but not limited to routers, television sets, computers, switches, telephone handsets.
7. INTERRUPTION OF SERVICES: THE EQUIPMENT AND SERVICE ARE PROVIDED BY "COLUMBUS" AS PER SPECIFICATION", WITHOUT WARRANTY OF ANY KIND, "COLUMBUS" DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICE. CUSTOMER'S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND. THAT "COLUMBUS" 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 INABILITY BY " COLUMBUS" TO REPAIR OR REPLACE ANY "COLUMBUS" EQUIPMENT THE DURATION OF WHICH IS FOR LESS THAN TWENTY FOUR (24 HOURS.) `Columbus 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 carriers or utilities
to " Columbus"
• Battery replacement in remote controls.
• Work stoppage due to labour dispute, strikes or civil unrest.
• Acts of God, including floods, storms, hurricanes, wind, lightning accidents, earthquakes and adverse atmospheric conditions.
• Sabotage, theft or intentional or malicious damage to the "Columbus" Network or Equipment.
• Negligent acts of the Customer or anyone authorised thereby to use the Service.
• Any other interruption in the Service not caused by an intentional or negligent act of "Columbus" or which is beyond the control of
8. TRANSFER OF SERVICE: In the event Customer requests a transfer of the Service, and continues to reside within "Columbus" service area, this Agreement shall remain in full force and effect. "Columbus" reserves the right to charge installation or transfer fee (s) in accordance with "Columbus" policy.
9. WORK ORDERS: All work orders used to establish any new customer account or to make any change to any existing customer account and any information recorded on such Work Orders automatically become part of this agreement.
10. AMENDMENT: "Columbus" may, after sufficient notification and its sole discretion, change, modify or remove portions of this Agreement; increase, decrease, restructure, alter or modify the Service provided hereunder; and increase, decrease, restructure, alter or modify the programming content and fees. Customer's continued use of the Service following notice of any change shall be deemed to be Customer's acceptance of any such modification. IF CUSTOMER DOES NOT AGREE TO ANY SUCH MODIFICATION, HE/SHE MUST IMMEDIATELY STOP USING THE SERVICE AND NOTIFY "COLUMBUS" THAT HE/SHE WISHES TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION ABOVE.
11. INDEMNIFICATION: Customer agrees to indemnify "Columbus" from and against all loss, damage costs and expenses suffered or incurred by "Columbus" from a breach of this Agreement by Customer, his/her servants, agents or any other person who was authorised by the Customer to use the Service at the time of the breach.