The parties are agreed as follows:
1. The Guyana Telephone and Telegraph Company (‘GTT’) shall provide telephone service to the subscriber as requested in the application form hereof.
2. This agreement shall become effective as from the date that the parties set their seals and signature hereunder provided that GTT shall not be expected to provide the requested service on the date of attestation.
3. This agreement shall be valid for a period of not less than (1) year and shall be terminated by either party only in accordance with the regulations governing this agreement.
4. GTT shall during the term of this agreement provide and maintain the efficient working order of all lines, equipment and apparatus needed to provide service to the subscriber under this agreement provided that GTT shall not be responsible for the cost of repairs of such lines, equipment and apparatus as occasioned by the misuse of negligence of the subscriber, his servants or agents.
5. GTT shall retain ownership of all lines, equipment, apparatus and directories provided to the subscriber including telephone numbers and exchange codes.
6. GTT undertakes to provide the service subscribed for by the subscriber at the price in effect for each billing period. The failure of GTT to provide the service (s) may result in a refund to the subscriber of the amount billed for such service.
7. GTT shall not be liable for directory errors, but shall upon notice by the subscriber correct same in subsequent issues of the directory.
8. GTT shall reserve the right to disconnect the service of the subscriber should the subscriber fail to pay all bills and payable within thirty-five (35) days after receipt of such bill(s) provided that delinquency notice is mailed to the subscriber as specified in the regulations, further GTT may, without prejudice to any of its rights or remedies under this agreement, suspend any or all services.
9. GTT shall not furnish new additional services to any subscriber until and unless all previous accounts are settled.
10. The subscriber agrees that GTT shall not be liable for any sum in excess of the sum legally claimed for service provided during periods of interruption or degradation of service.
11. The subscriber shall deposit with GTT prior to the provision of the service(s) subscribed for and maintain a deposit with GTT during the terms of this agreement, as security or the payment of fees, charges and expenses or as a deposit against such equipment owned by GTT provided to the subscriber such sums as may from time to time be deemed adequate by GTT.
12. The subscriber shall pay GTT during the term of this agreement, a yearly rental for all lines, equipment and apparatus provided by GTT as specified in the schedule of fees made part of the General Regulations hereto provided that such rental shall be paid in equal monthly installs.
13. The subscriber shall pay to GTT any and all installation fee(s) due for each exchange line or equipment installed.
14. The subscriber shall within thirty –five (35) days pay to GTT all such amounts as listed in the account billed by GTT provided that the subscriber shall provide facts that no bill of accounts has been received.
15. The subscriber shall use the service(s) for which he/she has subscribed only for the specified purpose indicated to GTT i.e. Residential or Business.
16. No equipment or apparatus not being the property of GTT shall be attached to GTT’s property without express authorization by GTT provided that, any equipment meeting the connection requirements of the US Federal Communication Commission or those of British Telecoms are hereby authorized to be connected to GTT lines.
17. The subscriber, his servants or agents shall not permit others to install, re-arrange, disconnect or remove any lines, equipment, apparatus or directories, the property of GTT from the premises of the subscriber.
18. The subscriber shall be responsible for the maintenance and care of all lines, equipment and apparatus at the subscriber’s premises provided by GTT and shall be required to insure same at his or her own expense against loss or damage by fire, theft or other hazards provided that GTT shall be at liberty to request proof of such insurance from time to time.
19. The subscriber shall be surcharged the cost of any damage to equipment and facilities provided at the subscriber’s premises, which results from any action other than normal wear and tear.
20. The parties, their heirs and assigns hereby agree to abide by terms and conditions of the agreement and by the General Regulations (of telephone service), a copy of which is posted on this website and available at the Commercial Offices of the Company and filed with Public Utilities Commission.
21. The parties agree that this agreement shall at all times be subject to the terms of the licenses granted to GTT by the Ministry of Works and Communications pursuant to the TELECOMMUNICATION ACT 1990 and by the PUBLIC UTILITIES COMMISSION ACT 1990.
22. DSL service is provided subject to availability and limitations of GTT’s central offices/cabinets and outside plant facilities, and is only available where technical capabilities permit.
GTT will not provision DSL service if GTT reasonably determines that it is not technically feasible over existing facilities or that will cause interference problems with existing service.
During network maintenance and software update periods, it may be necessary for GTT to interrupt DSL service. GTT reserves the right to temporarily interrupt DSL service at other times and in emergency situations.
23. In the event that one or more of the provisions herein is for any reason held to be illegal or unenforceable, this agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable; provided, however, and that this agreement as revised is consistent with the parties' original intent.
24. Credit allowance for interruptions of service which are not due to the GTT’s testing or adjusting, or due to negligence of the subscriber, or to the failure of channels, equipment and/or communications systems provided by the subscriber, are subject to the general liability provisions set forth herein. It shall be the obligation of the subscriber to notify GTT of any interruption in service. Before giving such notice, the subscriber shall ascertain that the fault is not being caused by any action or omission of the subscriber, not within his control, or is not in the wiring or equipment connected to the terminal of GTT.
25. GTT may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the requirements of these terms and conditions are being complied with in the installation, operation or maintenance of the subscriber’s or the GTT’s equipment. GTT may interrupt the service at any time, without penalty to itself, because of departure from any of these requirements except as provided below. Upon reasonable notice, the facilities provided by GTT shall be made available to the Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition. No interruption allowance will be granted from the time during which such tests and adjustments are made.
26. GTT may, upon reasonable notice to the subscriber, vary these terms and conditions and the Customer will be bound by such variation if the subscriber uses the service thereafter.
27. The terms and conditions are made in, governed by and subject to the laws and the jurisdiction of the Courts and tribunals of Guyana.
28. The subscriber hereby represents and warrants to GTT as follows:
i. That the service will only be used for lawful purposes and the transmission of any material or information arising from the use of the service will not violate any applicable law or regulation of Guyana or any other jurisdiction; that the service will not be used in any manner to access GTT’s computer installations for any purpose other than obtaining the service in accordance with the terms and conditions of this agreement; that the subscriber are at least eighteen (18) years of age.
a) The service provider may, at its absolute discretion and without notice effective immediately suspend or terminate the service;
b) If the subscriber fails to pay any charge or other amount due hereunder; should GTT in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the service, interferes with the subscriber’s computer network or equipment; if the subscriber otherwise commits a breach of any term of this agreement; and
c) If the subscriber (or any third party, with or without the subscriber’s knowledge) use the subscriber’s services in a way which GTT reasonably thinks may damage or negatively impact the operation of our Network, the services, other users of the service or a third party’s network.
ii. No suspension or termination of the service will terminate the subscriber’s obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. In the event that action is required to recover outstanding amounts, the subscriber shall be liable for all costs of collection, including legal fees and expenses.
iii. Should the service be suspended or terminated for any reason and should GTT subsequently agree, in its sole discretion, to reinstate the service, the subscriber shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the service. GTT may choose not to reinstate the service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension.
d) GTT does not credit partial service periods or monthly fees. In the event the subscriber cancels its service before the start of the next service period, GTT is not obligated to refund any prorated amounts of the subscriber’s monthly fee and any fees paid are non-refundable.
29. In order that GTT can continue to offer the highest of quality Internet access and other related services such as hosting etc., GTT reserves the right to effect changes to the rules of operation, accessibility and security procedures and the provision, type and location of the service. General network and other related maintenance will be performed during non-peak times and will generally be communicated to GTT’s customers in advance, to the email that was provided at time of sign up. From time to time, network maintenance is performed by our providers and adequate time is not always provided for us to notify our customers.
30. The subscriber agrees to defend, indemnify and hold harmless GTT from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from:
a) any violation of applicable laws, regulations or this Agreement or the Acceptable Use Policy by the subscriber or any parties who use the subscriber’s account, with or without permission, to access the service);
b) the use of the service, any software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the subscriber (or any parties who use the subscriber’s account, with or without the subscriber’s permission, to access the service);
c) Negligent acts, errors, or omissions by the subscriber (or any parties who use the subscriber’s account, with or without the subscriber’s permission, to access the Service);
d) Injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or e) Claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.
GTT may revise the terms and conditions of this agreement from time to time. subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the service after revisions are in effect, a subscriber accepts and agrees to the revisions and to abide by them.