$9 Unlimited Data Promotion

The ‘$9 Unlimited Data’ Promotion

Frequently Asked Questions

Q. How does the ‘$9 Unlimited Data’ Promotion work?
A. When a Digicel Bermuda Postpaid customer signs up for the $9 Unlimited Data Promotion for their BlackBerry, they will receive unlimited access to BlackBerry data services on their BlackBerry device. If the Digicel Bermuda customer is roaming outside of Bermuda they will have to pay additional roaming fees. Note that this does not apply to customers who have a Data plan on their account and the customer must have a voice plan on their account.

Q. What is Data?
A. Data is the ability to get internet service (including email) on a handheld device, such as a BlackBerry.

Q: Between what period is this promotion valid?

A: This promotion was launched on July 16^th, 2009 and ends September 30^th, 2009. Digicel reserves the right to shorten or extend the length of the promotion at any time.

Q. Can I use data all day and night?
A. Yes. For $9 per month you receive unlimited data access for three months.

Q. How much will this cost me?

A. This promotion is $9 a month, for 3 months. That equates to a total of $27 for the 3 months.

Q. What can I do with UNLIMITED Data Service?
A. You can send unlimited emails, send multimedia information including photos and videos, use BlackBerry Messenger, MSN Messenger, Google Talk, Yahoo Messenger, browse various sites and much more.

Q. How do I sign up?

A. Visit the Digicel Church Street store or the Washington Mall BlackBerry Service Centre and ask the representative to add this package to your account. You can also send an email to info.bermuda@digicelgroup.com, stating your account number, to request that the customer care department add this to your account.

Q. How much does a Digicel data plan normally cost?

A.

Q. How much savings will I be receiving?

A. This promotional offer is an 80% savings on the regular Unlimited Data Plan.

Q. Can you use this outside of Bermuda?
A. You can use data outside of Bermuda however you will be charged roaming rates which vary per country.

The Digicel ‘$9 Unlimited Data’ Promotion

Terms and Conditions

1. Definitions

In these terms and conditions ‘Promotion’ means a temporary offer devised to promote usage of the cellular phone service offered by the Company.

2. Agreement
The ‘$9 Unlimited Data’ Promotion terms and conditions (“these terms and conditions”) shall govern the relationship between Digicel (Bermuda) Limited (hereinafter referred to as "we", "us" "our" and "the Company") and the user (hereinafter referred to as "you", "your" and "the Customer") of the Company’s ‘$9 Unlimited Data’ Promotion (herein after referred to as ‘The Promotion’).

Having activated a Postpaid (SELECT) plan (with voice only or voice and data) or a Data plan you have agreed to these terms and conditions.

Customers upon signing up for a Postpaid (SELECT) plan are subject to the SELECT Plan Terms and Conditions.

‘The Promotion’ commences on July 16, 2009 and ends September 30^th, 2009 (herein after referred to as ‘The Promotion Period’). Digicel reserves the right to terminate this promotion at any time.

Three months after you sign up for $9 Unlimited BlackBerry data, the promotional pricing will end and you will be charged for your Unlimited BlackBerry data plan at the regular rate of $45 per month. By signing up for this offer you are not locked in to BlackBerry Unlimited data and to remove Unlimited BlackBerry data from your plan you simply have to contact Digicel either by calling Customer Care on 500-5611 or by visiting the Digicel store on Church Street. Digicel will contact you during the last week of your three month period in order to allow you time to consider if you wish to remain on the Unlimited BlackBerry data plan.

We reserve the right to amend or unilaterally change ‘The Promotion’ and/or these terms and conditions subject to notifying you of such amendments or changes. Such notification may be by way of advertisement in the national media, SMS text messaging and/or our website. If your Digicel mobile phone is used by you after notice of any amendment or change, then you shall be deemed to have accepted same.

‘The Promotion’ cost is $9 per month for a total of 3 month period.

This agreement is governed by the Laws of Bermuda.

3. Promotion Description

All existing customers with a voice plan (who do not currently have a data plan) and new Postpaid customers (that sign up during ‘The Promotion Period’) are eligible for this promotion.

When a Digicel Bermuda Postpaid customer signs up for ‘The Promotion’, they will receive unlimited access to data services on their BlackBerry device. If the Digicel Bermuda customer is roaming outside of Bermuda they will have to pay additional roaming fees.

This is a limited time offer.

4. Fair Use Policy

‘The Promotion’ is offered for the personal use of individuals and not for commercial use. Any usage by an individual that in our sole discretion is intended for financial gain or profit by you will result in the immediate termination of ‘The Promotion’ offer to you.

5. Liability

1.       The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.

2.       We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage (whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.

3.       We have no liability to you (or any one claiming through you) if we are unable to carry out our duties or provide Service because of factors beyond our control including, but not limited to, the following:
(a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any license or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.

4.       We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.

5.       If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the amount charged for the valid entries made.

6.       We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected,(altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents.

7.       All conditions, warranties, terms and undertakings expressed or implied by statute, common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.

8.       Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.