Terms and Conditions

1. Agreement

These Terms and Conditions shall govern the relationship between Telecommunications (Bermuda and West Indies) Ltd trading as Digicel Bermuda (hereinafter referred to “Digicel Bermuda”, “we”, “us” “our” and “the company”) and the subscriber (hereinafter referred to as “you”, “your”, “the customer”) of Mobile Telephone Service (hereafter referred to as “Service(s)”, “Digicel Mobile Service”) and shall
constitute legal and binding obligations on the parties once we have accepted your Application for
the Provision of Mobile Telephone Service. Your Application form shall form part of these Terms and Conditions. Connection and activation are subject to satisfactory risk assessment, credit rating and/or receipt of a deposit. The minimum deposit amount required will be determined at the sole discretion of 
Digicel Bermuda. These Terms and Conditions annul all prior understandings between you and us.
By using Services, you have agreed to these Terms and Conditions. We reserve the right to amend or
unilaterally change any of Digicel Mobile Service products and/or Digicel Mobile Service services and/or the Terms and Conditions of this Agreement subject to notifying you of such amendments. Such notification
may be by way of advertisement in the national media and/or our website. When we give notice to the main account holder, notice to all users shall also be deemed effected. If Service is used after notice of amendment, then it shall be deemed accepted and the Terms and Conditions of this Agreement shall be applicable. You and all the users under your account are jointly and severally liable for performing all of the obligations under this Agreement.

2. Rebate Policy

If you took advantage of the one-time offer to obtain a rebate for a cellular phone that meets specified requirements, you, in signing the rebate receipt, assume all liabilities associated with the phone that was traded in and have indemnified Digicel Bermuda from any third party claims.

3. Information Disclosure

We reserve the right to refuse any request for account information where we are unable to verify that the requester is in fact the account holder, authorized contact or user of the account. The company may however, disclose any information about you and your accounts:to any authorized personnel or third party; in response to credit inquiries; if the company, in its discretion, deems such disclosure necessary or desirable; pursuant to legal process or subpoena; if disclosure is necessary to protect the company’s interests.The company shall not become liable by reason of the giving of such information of it being inaccurate or incomplete. In addition, you agree that we may contact any person or reference provided by you to verify accuracy of account details.

4. Provision of Services

Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of our Services are affected by radio interference
due to physical obstruction, atmospheric conditions and by technical faults or other defects in the Network.

5. Fair Usage Policy

Uploads: The service provided is for personal use only and not to deliver a Commercial Service.
Commercial Service shall include any form of web hosting, hosting of a download server of any nature or hosting of an email server, whether provided for financial gain or not. Digicel is entitled to restrict/terminate any usage (uploads) that are higher than the average daily download per user. Downloads: The user shall be entitled to use the Service to download material from the Internet onto their computer/s and shall be entitled to all reasonable access for this purpose. Digicel is entitled to restrict/terminate any usage (downloads) that are higher than the average daily download per user. These terms are
applicable to both data consumed by a handset and mobile internet device.

In the case of the Data Premium plan, a fair usage policy allowance of 500MB is applicable to this data add on. In cases where the user exceeds this monthly allowance, Digicel cannot guarantee download speeds until the next bill cycle.

6. Service Charges

The company’s tariffs, for the Service, as amended from time to time, also form part of the Agreement. Such tariffs may include in addition to our cost, other charges, fees as from time to time may be applicable,
levied or charged from third party providers, in addition to the company’s tariffs. We reserve the right to alter such tariffs and will notify the Customer of such a change by notice in writing and/or via national media and/or via our website.

7. Digicel Bermuda Mobile Numbers

Digicel Bermuda has proprietary rights to any mobile number allocated to you. We reserve the right at any time to alter or replace a mobile number allocated to you or any other name, code or number
whatsoever associated with our Service.

8. Mobile Telephone Directory & Caller ID

Unless indicated on Application or otherwise specified in writing, our Network may allow the display of your telephone number in our telephone directory and on receiving handsets.

9. Roaming

International roaming makes use of third party providers. Any billable incident which occurs while roaming will incur roaming charges in addition to the company’s cost. Billable incidents include, but are not limited to: placing an outgoing call, accepting an incoming call, checking voicemail, receiving a voicemail (even if the voicemail is not checked), receiving an email or an instant message (even if these are not read), sending an email or instant message, browsing, sending SMS, and receiving SMS. Airtime, SMS, and data used while roaming are not included in the Customer’s monthly plan and therefore will not be deducted from the Customer’s monthly plan. Digicel reserves the right to provide roaming service based on credit rating and credit history.

10. Credit Check Consent And Reporting Authorization

I authorize any person, or consumer or banking institution, or credit reporting agency, to provide Digicel with any information it has on me or the entity on whose behalf I make this application. I authorize Digicel to: (a) compile this information, (b) disclose my account information including my payment history and confidential information to credit reporting agencies or private credit reporting associations, and (c) periodically obtain and use my credit report and other credit information for any source in connection with Digicel’s offering of wireless and other services. All bills payable in full within 30 days from invoice date. I authorize Digicel Bermuda to deduct the full payable balance on the 15th day of the month from my provided credit card. If the transaction is unsuccessful, Digicel Bermuda reserves the right to charge my credit card again once before the end of the month. Should I request reconnection of my wireless service a $20.00 charge will be added to my account. I understand that if fail to fulfill the terms of my credit obligations under this Agreement, Digicel may report my failure to credit reporting agency. I will responsible for all charges associated to use of this account, including all later payment fees, debt collection fees, legal fees, disbursements and other expenses incurred in attempting to recover overdue amounts and any fees collected on behalf of the government.

11. Payment

When you use the SIM Card and/or Digicel Mobile Services, you incur a debt. Service charges, subscription
fees and any other charges incurred in relation to the Services provided to you by us under this Agreement
will be added to your debt and will form part of it. You agree to repay this debt to the company at any designated collection center within the specified allotted time. If payment is made by check or any other instrument, a return fee (the maximum allowed by law) will be charged by the company, should this method of payment be dishonored. The company reserves the right to reject and/or disallow check payments from you once dishonored checks have been processed through your account. You will be charged for the right to use any technology developed by the Company. The company reserves the right to charge interest on overdue amounts - at the minimum rate of $3 or 1.5% per month on any open balances. We are not liable for any loss or damages suffered as a result of the use of or failure in any bill payment services. We are in no way obligated to provide Service to you if you have defaulted in payment of any sums due by you. In this event, we reserve the right to charge a reconnection fee and/or revise your payment terms and/or restrict your Service/feature types, prior to restoration of Service. Should you refuse to accept the Terms and Conditions of Service, we reserve the right to refuse to reconnect you. We may require you or your estate to pay your total debt immediately if you do not carry out your obligations under this
Agreement; if you become bankrupt or insolvent, or die, or upon legal attachment, levy or execution against you, your estate or your property or if your SIM Card is used contrary to this Agreement. Invoices will be sent to the billing address of the account holder only unless otherwise specified. Invoices will include: Fixed charges and credits that are one month in advance; Call charges and credits that are one month in arrears or more if previous bills have not been paid. You agree to accept our records of a transaction as accurate unless you can provide contrary evidence that is satisfactory to us. Payment
is due upon invoice presentation date, i.e. once the invoice is available to you. We will not be held
responsible for customer’s non-receipt of invoices delivered by post or any other means of mail delivery.
Your statement is deemed to have been delivered to you on the day it has been delivered to your registered address. You must continue to make payments even when postal service is disrupted, as
invoices can otherwise be obtained by contacting the Customer Care Center. We reserve the right to
contact you otherwise to seek payment of amounts due. Please allow three (3) working days for online payments to be posted to your account. The invoice becomes overdue 30 days from invoice date. It is the responsibility of the customer to maintain up-to-date billing information with Digicel Bermuda. Failure to do so could result in loss of service. All invoices generated will be available for reprint on request. You may be required to pay for reprints. We reserve the right to change billing cycles and/or to issue interim invoices.

12. Foreign Currency Transaction

The amount of any transaction charged in any currency other than Bermuda currency will be billed and payable by you in Bermuda currency. We will make conversion from a foreign currency to Bermuda currency, including all foreign currency charges and/or taxes required by law, on the date we receive notification of the transaction and the relevant amount to be charged to your account.

13. SIM Card

We are and remain owner of all SIM Cards provided for Service to our Network and they must be returned to us, or anyone acting on our behalf, on request. Any SIM Card found defective (through no fault of ours) will require payment for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.

14. Handsets

Digicel Bermuda authorized GSM handsets sold through our authorized dealer channel are network locked. Customers are not permitted to remove, or have a third party remove the lock, without explicit authorization from Digicel Bermuda.

15. Reporting Responsibility

Your handsets and SIM Cards are your responsibility. You must take every precaution to keep them safe. You will immediately report and confirm in writing any loss, theft, damage or unauthorized use of your equipment and/or SIM card. You will remain liable for all charges and costs related to and/or incurred by your SIM Card, including all costs associated with its unauthorized use. If you have
previously authorized someone to use your handset and/or SIM card and have subsequently withdrawn your authorization, you will continue to be held liable for all charges and costs incurred by their use until we have been notified.

16. Settling Disputed Charges

We should be advised in writing of any disputed charge(s) occurring on an invoice within 5 working days of receipt of invoice. You will still be held liable for non-contested charges on the invoice which are deemed payable by due date. We will investigate the disputed charge(s) and notify you of the results. Non-payment of valid charges within 48 hours after investigations are complete may result in suspension of Service. If the disputed charge(s) are indeed errors, a credit of the amount disputed will be applied to your account.

17. Customer Obligations

By signing the Application, you have consented to: provide valid proof of your identity that we
deem acceptable; inform us in writing if any of your customer data has changed; only use company
GSM approved equipment and facilities with the Network and comply with laws and regulations governing
its use; use the company’s technology on terms specified by us when it is made available; follow our
reasonable requests and/or instructions related to your use of equipment, handsets or Services issued by us; immediately report and confirm in writing and if your equipment and/or SIM Card is lost, stolen or damaged.
It remains the right of Digicel Bermuda not to replace your SIM Card. If the SIM Card is replaced, you may be charged for that replacement; comply with all reasonable requests and/or instructions
by us, or others on our behalf, particularly in relation to the investigation of fraud or other offences or as required by law or in any legal proceedings. Should the company deem it necessary to enforce its rights hereunder in any legal action you will reimburse the company for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action.

18. Package Transfer , Suspension & Termination

This Agreement has a Fixed Term of twelve (12) or twenty-four (24) months, as specified on the order
form. The Agreement begins on the date this document is signed by you, and will continue until
terminated by you or us in the manner provided below. Notwithstanding termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination, whether the Agreement is ended by you or us. You must remain on the specified package selected for a minimum of six (6) months from the signing of the agreement. If you reduce or transfer the subscription to an alternative package within the six (6) month period you agree to pay us a package supplement of two hundred Bermudian dollars (200).

The term of Service shall continue for the number and postpaid package selected for the full months
applicable to the Fixed Term. At the expiration of a Fixed Term, the Agreement will continue on a month to month basis unless we terminate Service for any reason upon three (3) days notice other than for breach (in which case we may terminate without prior notice), or unless you terminate Service for any reason by providing thirty (30) days notice to us.

If you breach the Agreement or attempt to terminate Service prior to the end of the Fixed Term, you agree to pay us, as a reasonable estimate of our damages and in addition to other amounts owed, a two hundred and fifty (250) Bermuda dollar cancellation fee for 12-month contracts, and five hundred (500) Bermuda dollars for (24)-month contracts, payable per number activated.

This Agreement may be suspended and/or terminated by us without the need for prior written or verbal communication:

- if you breach any statutory restrictions/regulations/procedures that govern this Network and Service;
- if you do not comply with and/or breach any of the enlisted Terms and Conditions of this Agreement;
- if any information supplied by you is found to be false or misleading;
- if intermittent checks, modifications and/or maintenance is deemed necessary by the Network;
- for non-payment of overdue amounts under this Agreement;
- if you fail credit checks that may be performed from time to time;
- if we have any reasonable cause to believe that you are unable to pay the charge;
- if you notify us that your handset has been lost or stolen;
- if we have reasonable cause to believe that Service was obtained fraudulently or fraudulent or improper use of your handset or SIM Card is taking place against us or a third party;
- if Services rendered to you may cause the operation of the Network to be jeopardized or impaired, or allow others to do any of the foregoing with your equipment or any act which does not comply with relevant legislation and regulation;
- if we are unable to provide the Services to you.

If you wish to temporarily deactivate your service for a selected period but maintain your current mobile number, charges will still exist depending on your contract status. Customers within an existing contract period will be required to honour their monthly plan payments. Customer without an existing agreement may hold their number for a monthly fee set by Digicel. Should your access be interrupted, suspended and/or terminated in any of the circumstances outlined above, you shall remain liable for your debt and any other amounts you owe us in full. Furthermore, we are in no way obligated to provide Service to you. In this event, we reserve the right to levy a fee for reconnection to the Network. Should you refuse to reconfirm acceptance of the Terms and Conditions of Service, we reserve the right to refuse to reconnect you.

19. Exclusion of Liability

We shall not be held liable for any direct, indirect, or consequential loss suffered by you (or anyone claiming
through you) due to any of the following:

- suspension or non-availability of any Service.
- suspension or termination of this Agreement.
- interruption of or failure to connect any call made to or by the equipment.
- any call made to or by the equipment being overheard or intercepted by any third party.
- any data/information transmitted to or by the equipment being altered or lost.

We will have no liability to you or any joint user for any claims whatsoever resulting from the inability to provide the Services due to factors beyond our control, including but not limited to, Acts of God, Acts of war, Acts of terrorism and other enemies, weather events, civil disturbances, industrial action,
governmental action, force majeure, power failures, accidents, the act or omission of any other
telecommunication carrier in Bermuda or elsewhere and/or default or failure of any third party. Digicel Bermuda, its associated or affiliated companies, their respective officers, agents, managing-directors, supervisory-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 or 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 provider(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.

20. Unenforceability

If any part of this Agreement shall be deemed invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.

21. Claims

You shall indemnify and hold harmless the company against all claims for libel, slander or infringement of copyright arising from any material transmitted or recorded over the company’s Network, claims for infringement of patent arising from, combining with or using in connection with facilities of the company any apparatus and systems of the customer and against all other claims arising out of any act or omission
of the customer in connection with facilities provided by the company.

22. Customer Information

Digicel Bermuda will send you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify Digicel Bermuda in writing.

23. Trademarks

You acknowledge that Digicel Bermuda is the owner or licensee of a number of trademarks including Digicel, digiSELECT and that nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright.

24. Headings

The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.

25. Governing law

This Agreement shall be governed, interpreted and construed by, through and under the laws of Bermuda.
Disputes shall be submitted exclusively to the competent court(s) of Bermuda. These Terms and Conditions
are accurate as of May 16th, 2011. For the most recent version, please visit our www.digicelbermuda.com.