Free Incoming Calls

The Digicel ‘Free Incoming Calls’ Promotion

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 ‘Free Incoming Calls’ 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 ‘Free Incoming Calls’ Promotion (hereafter referred to as “Free Incoming Calls Promotion”).

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

Customers upon signing up for a Postpaid (SELECT) plan or a Prepaid (FLEX) plan are subject to the SELECT or FLEX Plans Terms and Conditions.

The ‘Free Incoming Calls’ Promotion commences on May 8, 2009 and ends September 8, 2009 (“the Promotion Period”). Digicel reserves the right to terminate this promotion at any time.

We reserve the right to amend or unilaterally change the ‘Free Incoming Call’s 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.

Digicel can not be held liable for billing errors as the ‘Free Incoming Call’s’ is not a pre-agreed right to Digicel Bermuda subscribers but rather a benefit provided to customers at the discretion of Digicel Bermuda Limited.

3. Promotion Description

When a Digicel Bermuda Postpaid or Prepaid customer receives a call from another Digicel Bermuda customer, the customer receiving the call will not have to pay for that incoming call. The person receiving the call must be a Digicel Bermuda customer located in Bermuda during the time of the call in order to not be billed for on-net incoming calls as described in this agreement. A Digicel Bermuda customer receiving a call from a Digicel Bermuda customer who is outside of Bermuda will not have to pay for that incoming call from the Digicel Bermuda customer calling outside Bermuda. This promotion is not valid for Digicel Bermuda customers roaming outside of Bermuda. This is a limited time offer.

All existing and new customers (that sign up during this ‘Free Incoming Calls” Promotion period) are eligible for this promotion.

4. Fair Use Policy

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.