Terms + Conditions
The parties are agreed as follows:
- The Guyana Telephone and Telegraph Company (‘GTT’) shall provide telephone service to the subscriber as requested in the application form hereof.
- 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.
- 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.
- 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 is beyond economic repair or is occasioned by the misuse or negligence of the subscriber, his servants or agents.
- GTT shall retain ownership of all lines, equipment, apparatus and directories provided to the subscriber including telephone numbers and exchange codes.
- 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.
- GTT shall not be liable for directory errors, but shall upon notice by the subscriber correct same in subsequent issues of the directory.
- 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.
- GTT shall not furnish new additional services to any subscriber until and unless all previous accounts are settled.
- 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.
- 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.
- 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.
- The subscriber shall pay to GTT any and all installation fee(s) due for each exchange line or equipment installed.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Telecommunications Act and by the Public Utilities Commission Act.
- 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.
- 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.
- 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.
- 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.
- 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.
- The terms and conditions are made in, governed by and subject to the laws and the jurisdiction of the Courts and tribunals of Guyana.
- The subscriber hereby represents and warrants to GTT as follows:
- 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.
- The service provider may, at its absolute discretion and without notice effective immediately suspend or terminate the service;
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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);
- 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);
- 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);
- 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
- 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.
Effective as March 1, 2018.
(Effective April 1st 2017)
1. ACCEPTANCE OF TERMS
1.1 Welcome and thank you for choosing GTT+'s Internet service. Before using the service, you are advised to familiarize yourself with this Service Agreement ("Agreement"). This Agreement is between GTT+ and you for the GTT+ internet service. It consists of these Terms and Conditions, all of the material associated with the Service application process, GTT+'s General Regulations, which can be found in every Telephone Directory, and GTT+'s Acceptable Use Policies.
1.2 By using the Service you confirm your agreement to these Terms and Conditions. GTT+ reserves the right to amend these terms and conditions from time to time without notice. Amendments become effective from the date they are posted to GTT+'s website at www.GTT+.co.gy.
1.3 You agree to periodically check the GTT+ website to ascertain whether any amendments are posted and to familiarize yourself with same. If at any time after you have read the Subscriber Agreement or its amendments you do not agree to be bound by the terms, you should immediately end your use of the Service and terminate your subscription.
2.1 In this Agreement ("Agreement"),
"Account Activation" refers to the point at which the subscriber signs up and pays for service. Services neither usable nor billable at this stage.
"GTT+," "we," and "our" means GTT+ and its Third Parties authorized to provide you with the Service.
"Service"/"Services" means GTT+'s Internet Service which can provide both high-speed Internet access as well as value-added Internet Services.
"Service Activation" means Service are now available at the Customer's premises. Thereafter, the Service is useable and billable.
"Service Installation" refers to the connections required at the customer's end for the Service to work.
"Software" means any software owned by GTT+ or its Third Parties that relates to your use of the Service, that enables the Service to function or that we make available to you in connection with the Service.
"Third Parties" means GTT+'s agents, licensors, and suppliers, as well as any third-party distributors of the service, equipment or software or third-party information providers to the Service,
"You"/"Your" means you or any other person or entity using the Service or any part of the service
3. THE SERVICE
3.1 GTT+'s Internet Service provides a high-speed connection from your premises to the Internet via GTT+'s domestic telecommunications infrastructure and GTT+'s Internet network.
3.2 The Service is provided on a "best effort" basis with no guarantee of "upload" or "download" speeds. You acknowledge and agree that the actual speed of the Service experienced by you may vary and depends on a number of factors, such as the location of your residence and the quality of the telephone line (copper plant) that serves you, the amount of traffic on the Internet, the ability of your computer to process data, environmental factors, and other factors beyond our control and that no minimum level of speed is guaranteed.
3.3 The Service is not intended to facilitate international telephony Service and you shall not attempt to use the Service for international telephony traffic Bypass [i.e. bringing in or sending out international telephone calls] nor for any other purpose prohibited by the Telecommunications Act of 1990.
4. SERVICE QUALIFICATION AND ACCOUNT ACTIVATION
4.1 To be eligible to receive the Service you must be at least 18 years of age and your Service address must be in a geographical area served by a GTT+ Internet node. To purchase the service, you must provide GTT+ with a copy of your official identification and a signed copy of the completed Service application form.
4.2 You are responsible for providing, at your own expense, the requisite Internet modem. You may either purchase the modem from us or acquire one that meets our technical specifications and is subject to our certification.
5. SERVICE INSTALLATION
5.1 The GTT+ Internet Services essentially "plug & play." As such, you are responsible for Service installation (i.e. making all of the cable connections required at your end for the Service to work). However, in the event that the telephone line which will deliver the Service terminates on a PBX (Key system), GTT+'s technicians must complete Service installation at your end. In the circumstances, you have an obligation to inform GTT+ at the time of Service application that the telephone line which will deliver the Service terminates on a PBX (Key System).
5.2 If you require GTT+'s technicians to complete Service installation, this activity will be completed within 7 - 10 working days from the date of account activation. Installations are scheduled on Mondays through Fridays between 8:00AM and 5:00PM (except Holidays). Installation usually requires one to two hours and causes a brief disruption in your telephone service.
5.3 Service installation, inspection, maintenance, and repair, and the removal of equipment may result in Service outage or potential damage to your computer. Therefore, you are solely responsible for backing up all your computer files and data. GTT+ and its Third Parties shall have no liability whatsoever for any damage to, or loss or destruction of, any files, hardware, software, data, or peripherals as a result of these activities. Further, you assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card) or Internet Service modem.
6. QUALITY CUSTOMER CARE
6.1 This Agreement does not cover on-site technical support. If you have any questions about your account or the use of the service, need assistance to troubleshoot a problem, want to report a fault with your service, or wish to update the information you gave during registration, you may contact our Call Centre by dialing toll-free to 0488 and follow the prompts to reach the appropriate Customer Representatives.
6.2 You may also send us e-mail at internetsales@GTT+.co.gy. All such email should include your name, telephone number and Account Number.
6.3 It is your responsibility to report problems and/or request assistance. Thereafter, a technician will make a visit. GTT+ will not be held responsible for Service outages that are not reported by you.
6.4 At the time of Service application you must specify an e-mail address that can be used to contact you. GTT+ may use this e-mail address to send you notices, important information, and marketing/promotional information.
7.1 As an Internet Service customer, you share with us various types of information about yourself that we use to conduct business with you. GTT+ will not disclose your customer-identifiable information.
8. USE OF THE SERVICE
8.1 You acknowledge and agree that extending the Internet Service to an address other than your Service address (using any type of device, equipment, or multiple computers) without GTT+'s express written permission constitutes an improper use of the Service and is prohibited. Further, you acknowledge and agree that GTT+ may terminate the Service and this Agreement under Section 11 below for violating this provision.
8.2 You agree that the Service will be used exclusively for the purpose stated on the Service application form. In other words, residential Service will be used solely for residential purposes and business Service for business purposes.
8.3 You acknowledge that you have agreed to these Terms and Conditions on behalf of anyone who uses your service. For the avoidance of doubt, you acknowledge and agree that you are solely responsible and liable for any violations of the terms of this Agreement, whether by you or by any other user of your Service.
9. CHARGE AND PAYMENT
9.1 GTT+'s Internet Service are billed in arrears rather than pre-paid. This means that all services activated as of this date, will be billed at the end of the month in question and payment will fall due no later than 10th of the following month. If you have not paid your outstanding charges by this date in any given month, your services will be disconnected.
9.2 At the time of account activation, you are required to pay for your first month's service. The initial monthly recurring charge is never prorated, regardless of the point in the month that your application is made or your Service activated. However, under the bill-in-arrears regime, depending on the date of Service activation, the excess monthly charge paid will be credited to your next bill, provided always that you would have incurred no additional charges (e.g. those associated with a Service upgrade).
9.3 Our Services "plug and play" so you are responsible for Service installation at your end. If you request GTT+'s Technicians' assistance with installation you will be required to pay a Service Installation Fee of G$4,500 (plus VAT). GTT+ reserves the right to waive this fee in its sole discretion.
9.4 Whether you or GTT+'s technicians complete Service installation, monthly billing commences once your Service order is processed and closed and your Services activated.
9.5 As of September 1, 2017, if your Services disconnected for any reason, including failure to pay your bill on time, the fee for service restoration will be increased from $GY 1,000.00 (plus VAT charges) to G$ 2,000.00 (plus VAT charges).
9.6 You acknowledge that this is a fixed-location Service and that consequently, moving the Service to a different Service address will require that you apply to have the Service relocated. You acknowledge too that, being a fixed location service, the Service may not be moved to a different location, residence or business, (even if the telephone number for the Service remains the same), or to a different phone number, without GTT+'s knowledge approval and action.
9.7 You must pay all taxes and any other statutory imposts that GTT+ is required to collect from you for the service, unless you can show, with documentation satisfactory to us, that you are exempted.
9.8 You agree to pay GTT+ for all charges related to your Service and all applicable taxes, in accordance with this Agreement and at the prevailing rates. GTT+ shall have the right to suspend your Service for failure to pay your bill in a timely manner. Service rates may increase from time-to-time. When and if they do, GTT+ will notify you of the change by way of SMS or email at least one month before the new rates become effective. GTT+ reserves the right to reduce rates without providing advance notice.
10.1 This Agreement is on a month-to-month basis. It automatically renews every month unless you notify us in writing of your intention to cancel.
10.2 If you are dissatisfied with the Servicer any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to cancel the Agreement by terminating the service. You may cancel the Agreement at any time. Cancellation must be in writing and must be addressed to GTT+ Customer Services, 69 Brickdam, Georgetown, at least 30 days prior to the effective date of cancellation.
10.3 Once your Service has been activated (turned-up), cancellations received less than 30 days in advance will take effect the last day of the following month, unless the customer specifies a cancellation date after that date.
10.4 If you order the Service and wish to cancel it before GTT+ completes Service provisioning and activation, all payments made will be fully refunded. If you order the Service and wish to cancel it after GTT+ has provisioned the facilities (assigned the circuit) to deliver the Service and activated the service, no refund can made.
11. TERMINATION OR CANCELLATION OF THE SERVICE
11.1 You may cancel the Services at any time in accordance with Section 10.2 of this Agreement. GTT+ does not monitor your circuit for activity and absence of activity for any reason or termination of your telephone Service does not constitute a cancellation of this Agreement.
11.2 In addition to any other remedies available, GTT+ may immediately (without notice and without liability to you) suspend, restrict or cancel provision of Service if any of the following occurs:
- We deem in our absolute discretion that such action is necessary in order to protect against fraudulent or illegal use or to otherwise protect the company, its equipment, network or facilities;
- We receive complaints or claims from content providers abroad regarding your use of the service;
- You fail to comply with your obligations pursuant to this Agreement
- You fail to pay the applicable charges for the Servicer any other Service supplied to you by us, on or before the due date.
- The Public Utilities Commission ('PUC') orders GTT+ to discontinue the sale of internet service.
11.3 In addition to our cancellation rights under Section 11.2 above, we may cancel the Service and this Agreement for any other reason by providing you with written notice (by e-mail, SMS or postal mail) of such cancellation no less than 30 days prior to date of cancellation.
11.4 You must pay all outstanding charges for the suspended, canceled, or restricted services, including payment of any bills that remain due after the date of suspension, restriction, or cancellation. Subject to Section 13(xiii) of this Agreement, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us.
12. ADDITIONAL RIGHTS AND OBLIGATIONS
- We operate and maintain the Service contingent upon I) our ability to maintain our licenses and permits, and ii) availability of network capacity and connections.
- We are not responsible for installation, maintenance, compatibility or performance of any equipment or software not provided by us, and if such equipment or software impairs the service, you remain liable for your recurring monthly payment. If such equipment and software, not provided by us, constitutes a hazard or could cause Service obstruction, you will eliminate the said equipment and/or software at our request.
- You will give us and our Third Parties reasonable access to your premises at all reasonable times.
- You agree to use the Service in accordance with this Agreement and GTT+'s Acceptable Use Policy a copy of which may be obtained at any time from GTT+ Retail Stores / Business Offices. We reserve the right to make changes to the Acceptable Use Policy without notice. Such changes will become effective from the date on which they are posted on the website.
- You will be solely responsible for providing for any security that you may desire for your computer and any data stored on that computer or accessed through the service. You acknowledge and assume all liabilities relating to, and risks associated with, unauthorized access to your computer and data unauthorized parties via the Service.
- We may, from time-to-time, communicate security issues to you when misuse is observed or reported by others. Although we have no obligation to monitor the service, we may do so and disclose information gained from such monitoring in order to i) satisfy any law, regulation or governmental request, ii) operate the Service and administer our networks, and/or iii) protect ourselves and all users.
- Your internet Service shares the telephone line that delivers it, so disconnection of your telephone Service for non-payment may result in disruption of the internet service. It is your sole responsibility to ensure that your telephone Services not suspended or disconnected for non-payment since this does not relieve you of the routine monthly charge for the internet Servicer other contractual obligations.
13. WARRANTIES AND LIABILITIES
- You understand that we do not operate or control the Internet.
- YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE INTERNET.
- WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS REGARDING ANY MERCHANDISE, INFORMATION,
- PRODUCTS OR SERVICES PROVIDED THROUGH THE INTERNET.
- We do not, in any manner, warrant any item of equipment provided by us. We will, however, transfer to you (to the extent permitted by an equipment supplier) any warranty provided to us by such supplier, with GTT+ retaining the authority to exercise your rights there under until the discontinuation of service.
- THE SERVICEIS PROVIDED ON AN ""AS IS""AND ""AS AVAILABLE"" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- NO ADVICE OR INFORMATION GIVEN BY OUR THIRD-PARTIES (INCLUDING ADVICE AND INFORMATION WITH RESPECT TO ANY EQUIPMENT THAT MAY BE RECOMMENDED FOR PURCHASE AND/OR USE WITH THE SERVICE) SHALL CREATE A WARRANTY.
- We shall not be liable for, and are excused from, any failure or delay in performance that is due to acts of God, acts of civil or military authority, riots, civil unrest, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, floods, unusually severe weather, epidemics, or due to any other cause beyond our reasonable control.
- UNDER NO CIRCUMSTANCES SHALL WE OR OUR THIRD PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS, THEFT, OR DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
- Notwithstanding anything to the contrary stated herein, our maximum liability hereunder will not exceed an amount equal to the total of the monthly recurring charges paid by you for the twelve (12) months preceding the month during which such liability arises.
- You shall defend, protect and hold harmless GTT+ and its Third Parties from and against any liabilities, actions, losses, costs, or claims incurred as a result of i) any use or misuse of the Service(whether by you or any other party), or ii) any claims arising out of the use of any equipment or software provided with the Service, based on the alleged infringement or misappropriation of any intellectual or other property rights.
- The Parties expressly agree that this Agreement does not give rise to any third party being a third party beneficiary or being entitled to any rights whatsoever.
- In the event an action is brought by us against you to enforce this Agreement, in addition to any other remedy available to GTT+, the Customer shall reimburse GTT+ for reasonable attorneys' fees and expenses of any kind or nature incurred in connection there with.
- No Use of Names: Neither Party may use the other's name in trademark, trade names or other proprietary identifying symbols without the prior written approval of the other Party.
- Monthly Invoice: We undertake to provide an SMS notification system to remind you of the due date of your monthly Service payment. However, failure to receive such notification shall not constitute an acceptable excuse for late- or non-payment.
- Notices: Any notice and similar communications from you to us concerning this Agreement ("Notice") will be in writing, and will be either i) delivered in person, ii) sent by registered mail, iii) sent by FAX (followed up immediately by regular mail), or iv) sent via email (followed up immediately by regular mail). A Notice will be considered given when delivered in the manner prescribed in this paragraph. Notices will be delivered or sent to the following addresses or to such other address as either party may hereafter establish by notice given in the manner prescribed in this paragraph: (i) if to you: to e-mail and relevant billing addresses, and (ii) if to GTT+: internetsales@GTT+.co.gy and to GTT+ Customer Services, 69 Brickdam, Georgetown.
- Assignment: We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
- No Resale: You may not resell the Servicer otherwise assign or transfer this Agreement or any rights or obligations under it without our prior written consent.
- Separability: In the event that one or more of the provisions herein is/are, 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, that this Agreement as revised is consistent with the Parties' original intent.
- No Waiver of Rights: Either party's failure to insist upon strict performance of the terms of this Agreement or to exercise any rights or remedies hereunder shall not constitute a waiver of its rights to require strict performance of such terms, to assert any of the same rights, or to rely on any such terms any time thereafter.
- Governing Law: This Agreement is made in, governed by and subject to the laws and the jurisdiction of the courts of Guyana.
- Commencement of Action: Any cause of action you may have with respect to the Service must be commenced within one (1) year of the claim or cause of action arising or such claim or cause of action will be barred.
- Independent Contractors: The Parties are independent contracting parties, and this Agreement will not constitute the parties as principal and agent, partners, joint-venture partners, or employer and employee.
- No Addition to Terms: No customer Service authorization or similar documents will vary or add to the terms of this Agreement.
- Entire Agreement: This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof, and it supersedes all prior or contemporaneous oral or written agreements, understandings and representations.
Amendment effective: September 1, 2017
Please note that by completing this signup process and subscribing for the mobile services being offered by the Guyana Telephone & Telegraph Company Limited (‘GT&T’) and by accessing and/or by using GT&T mobile service(s) in any way, the Customer, as defined herein, hereby signifies its acceptance of the terms and conditions of use hereunder, which the Customer understands will form a binding agreement between the Customer and GT&T. The Customer is hereby deemed to have read the below terms and conditions and to have irrevocably accepted it.
This is an agreement between GT&T and the Customer for the provision of mobile services (‘the Services’) including but not limited to post-paid, pre-paid and roaming services on GT&T’s mobile networks. This Agreement, the Services and the use of the Customer’s receiving equipment from GT&T, if any, as well as any third party’s equipment (‘the Unit or Device’) are subject further to applicable tariffs, regulations and the provisions of this Agreement. GT&T reserves the rights to not accept or proceed with a Customer’s application without the need for prior notice and/or explanation.
1. INTRODUCTION AND DEFINTIONS
1.1. These terms and conditions (‘the Agreement’) outline the provisions that govern the use of the Services and equipment provided by GT&T to the Customer. Further, the Agreement is made up of these terms and conditions, in addition to the terms and conditions contained in any documents produced by GT&T including any application forms the Customer may sign.
1.2. “User(s)”, or “Customer” means customers or anyone else who requests, uses or accesses GT&T’s Services.
1.3. “Mobile Device” means the telecommunications equipment or device through/ by/ on which the Customer receives the Service.
1.4. “Internet” means the global information system consisting of a large number of interconnected computer networks that communicates through the use of TCIP/IP network protocols; commonly referred to as the World Wide Web.
1.5. “Mobile Data” means GT&T GPRS (General Packet Radio Service) 3G, or 4G LTE (Long Term Evolution) services, or any other mobile data transfer technology that GT&T may introduce from time to time, as the case may be.
1.6. “Service” or “Services” refer to the mobile service including without limitation Mobile Data, post-paid, pre- paid and roaming services on GT&T’s mobile networks.
1.7. GT&T may amend, modify or substitute this Agreement at any time without prior written notice to the Customer. The Customer’s continued use of any GT&T Service after such amendment, modification or substitution constitutes the Customer’s acceptance of any new terms and conditions. GT&T recommends that the Customer visits GT&T’s website regularly to check for any updates and/or amendments to this Agreement and GT&T shall not be responsible for the Customer’s failure to do so.
1.8. GT&T reserves the right to establish policies, rules and limitations, from time to time, concerning the use of any Service, which shall be incorporated to form part of these terms and conditions. Failure to comply with it will result in the Customer’s service being restricted, disconnected, and/or terminated at GT&T’s sole discretion.
1.9. As a condition of the use of the Service, the Customer warrants that the Customer will use the Service in accordance with GT&T’s Acceptable Use Policy, included on GT&T’s website and incorporated herein by this reference to form part of this Agreement. This Acceptable Use Policy may be updated from time to time at GT&T’s sole discretion and without any need for notice to the Customer.
1.10. The Service and all information, documents and materials owned by GT&T and/or on GT&T’s website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All of GT&T’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will at all times remain the exclusive property of GT&T. Nothing in this Agreement grants the Customer the right or licence to use and/or display any GT&T marks.
1.12. Subject to any statutory requirement issued by the Public Utilities Authority, Telecommunications Agency and/or other relevant statutory body, GT&T will send any notice of any variation, amendment, modification, deletion or addition to any terms and conditions of this Agreement.
1.13. The Agreement is personal to the Customer. Unless GT&T gives the Customer prior written consent, the Customer remains responsible for complying with the Agreement and the Customer may not pass any of the Customer’s rights or obligations to anyone else, even if the Customer gives them the Mobile Device or equipment, or SIM Card, as defined herein.
2. AVAILABILITY OF SERVICES
2.1. This Agreement shall become effective as from the date on which GT&T activates the Service requested by the Customer.
2.2. This Agreement shall be valid for an initial period of (1) year from the effective delivery date but the Agreement will remain in force automatically thereafter on a yearly basis unless terminated by either party in accordance with the provisions of this Agreement (‘the Term’).
2.3. Service is available only when the Unit or Device is within the operating range of GT&T’s mobile system or of an operator with which we have an applicable roaming agreement. Service is subject to transmission interference caused by atmospheric or topographical conditions and may be interrupted by equipment failure, modification, upgrade, relocation, repair, force majeure events and/or similar activities.
2.4. GT&T may at any time do all such things that are necessary to the service features provided under the Services, SIM, or Equipment to ensure the quality of the Services including requiring the Customer to use a password to access the Service.
3. USE OF SERVICES
3.1. The Service is confined to the Customer’s own use and not for resale of any form of telecommunication service. Non-observance of this restriction shall be a ground for immediate termination of the Service, at GT&T’s sole discretion thereof. The Customer hereby understands and agrees that the Customer has no proprietary and/or other interest in any mobile telephone number assigned by GT&T, and further that GT&T has the right to change any such telephone number from time to time. With the exception of GSM Units or Devices where numbers are stored on the SIM Card, each Unit or Device will carry only one telephone number and have one Electronic Serial Number (ESN) or International Mobile Subscriber Identity (IMSI). The Customer will be responsible for ensuring that this Unit or Device is technically compatible with GT&T’s mobile system and conforms to any applicable rules and regulations prescribed by GT&T or any Governmental or other regulatory authority.
3.2. If the Customer purchases a mobile device or equipment from a third party, the Customer understands and agrees that the said mobile device or equipment, does not form part of the Service and therefore, the Customer is solely responsible for any repairs to the said mobile device or equipment and for ensuring that it is compatible and can be used with any Service the Customer has subscribed to.
3.3. If Customers subscribes to the Service but use a mobile phone not provided by GT&T that mobile phone must comply with standards to be determined by GT&T. We cannot guarantee provision of the Service to Customer when Customer uses a mobile phone not supplied by GT&T.
3.4. The Customer hereby understands and agrees that Mobile Devices purchased by the Customer from GT&T are locked to GT&T’s Network and therefore the Customer understands that the Customer is hereby restricted from using the GT&T Mobile Device on any other network unless the Customer, subject to Clause 16 hereunder, is roaming.
3.5. Pursuant to Clause 3.4 hereof, the Customer further understands and agrees that if the Customer requires the GT&T Mobile Device to be used on any other network utilizing another SIM Card, GT&T would be unable to unlock the GT&T Mobile Device and therefore, the Customer will be required to purchase another mobile device.
4.1. Charges attached to the Services shall be based on rates published by GT&T from time to time, using any means GT&T sees fit. Airtime charges shall be applicable to completed calls and for the purpose of this Agreement, a call is completed if it is answered by a person or by some device such as a fax machine, computer modem, answering machine, voice mailbox system or any other device.
4.2. Charges for outgoing calls will be billed in one-second increments and any fraction of a second will be rounded upwards to the next second save and except for charges for roaming which are billed in one- minute increments and any fraction of a minute will be rounded upwards to the next minute.
4.3. If applicable, the Customer will also pay any applicable tax, fee or other charges imposed on GT&T for the use of the spectrum or otherwise. Such tax, fee or other charges shall be added to the Customer’s bill.
4.4. The Customer acknowledges and agrees that GT&T may review their charges from time to time, in its sole discretion thereof, subject to GT&T giving the Customer prior written notice, which shall mainly be included on GT&T’s website or any other method as determined by GT&T, in its sole discretion thereof.
4.5. Roaming charges for the Service may be charged when outside GT&T wireless network. Display on Customers Device will not indicate whether Customers will incur roaming charges. Use of the Service when roaming is dependent upon the roaming carrier’s support of applicable network technology and functionality. Certain capabilities of the Service may vary or be unavailable in certain countries and with particular carriers while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. Check with roaming carriers individually for support and coverage details. The Customer understands and agrees that billing by GT&T for international roaming usage may be delayed up to three (3) months due to reporting between carriers. As such, the Customer represents and warrants that the Customer will be solely responsible for paying all roaming charges whenever the bill is rendered by GT&T even if such bill is delayed for an extended period.
4.6. Some rate plans may include unlimited or limited voice, data or text messages between GT&T wireless customers for a fixed fee. The Customer understands and agrees that certain services or volumes of usage in excess of normal may be outside of the plan chosen by the Customer and the Customer thus understands and agrees that the Customer would be charged additional fees by GT&T. It is solely up to the Customer to check what types of usage are included in the plan.
4.7. Third party content or services may be billed directly on the Customer’s bill. The Customer may be charged monthly on the Customer’s bill for all transactions entered into during the previous billing period(s). If others use the Customer’s payment or account information, the Customers will be solely liable for charges incurred. If the Customer should have any questions on the Customer’s transaction history, the Customer may contact GT&T’s customer care department. GT&T, at its sole discretion, may terminate the account of anyone who seeks refunds on improper grounds. Transactions on prepaid services will be debited from the Customer’s account balance at the time of the transaction. If there are insufficient funds in Customer’s account at the time of the transaction, the Customer will not be able to complete the Customer’s purchase and/or receive the requested Services.
5. PROVISION OF SIM CARD
5.1. When the Customer’s handset is activated on GT&T’s network, the Customer will receive a Subscriber Identity Module (“SIM Card”). The Customer understands and agrees that the SIM Card identifies the Customer to GT&T’s network, stores information about the Customer’s phone number, service and registration and provides the memory for the Customer’s phone book and stored messages. The Customer understands and agrees that the Service will not work without the SIM Card.
5.2. If the Customer makes calls on other Devices, using the Customer’s SIM Card such calls will automatically be charged to the Customer’s account.
5.3. The SIM Card is the Customer’s property and therefore, the Customer must have the sole obligation to ensure the Customer’s SIM Card is kept safe and in good condition. The Customer understands and agrees that any theft, loss, damage and/or destruction to the Customer’s SIM card will be the Customer’s sole liability. In order to have the SIM Card replaced, the Customer shall pay to GT&T a replacement fee, as indicated by GT&T, for the stolen, lost, damaged and/or destroyed SIM Card. A replacement fee will not be charged in the event that a SIM Card is faulty or defective (as solely determined by GT&T) and returned to GT&T within one (1) month from the date of purchase by the Customer.
5.4. The Customer must contact GT&T to arrange for the Service to be suspended if the SIM Card has been stolen. The Customer is responsible for all charges connected with the lost, misplaced or stolen Mobile
Device and/or SIM Card until GT&T disconnects the Service to the lost, misplaced or stolen Mobile Device and/or the SIM Card, following the Customer’s report. The Customer will still be required to pay all charges.
6. USE, USAGE ADVANCE & SECURITY DEPOSIT
6.1. A deposit, and/ or a usage advance may be required by GT&T based on the type of Service chosen by the Customer as well as GT&T policies and procedures as may be in effect from time to time.
6.2. In instances where the Customer is required to pay a usage advance the amount of such usage advance will be agreed with the Customer.
6.3. The Customer will not be allowed to incur charges in excess of the usage advance paid, but if such charges are incurred, the Customer will be liable for them. The Customer may adjust the amount of the usage advance in conjunction with GT&T.
6.4. In instances where the Customer is required to pay a security deposit, this amount will be determined by GT&T, at its sole discretion, and shall be payable upon request.
6.5. The fact that a security deposit has been paid shall in no way relieve the Customer from complying with GT&T’s requirement for prompt payment of bills on presentation, nor, shall it constitute a waiver of GT&T’s regular practice in relation to discontinuance of the Service for non-payment of any sum due to GT&T by the Customer.
6.6. A Credit or usage limit will be established for all postpaid customers at GT&T’s discretion. If the Customer exceeds the Customer’s established limit without entering into an arrangement acceptable to GT&T, GT&T may suspend the Customer’s Service.
6.7. The Customer understands and agrees that the Customer will be liable for all charges for the Services provided to the Customer, whether or not used by the Customer, or used by another person with or without the Customer’s knowledge or consent and irrespective the use or transmission of the Services was successful.
6.8. The Customer may only use the Services:-
a. As stated in this Agreement; and
b. For the Customer’s personal use. This means that the Customer must not resell or commercially exploit any of the Services.
6.9. The Customer may not use the Services, or allow anyone to use the Services for illegal, improper, defamatory, or unlawful purposes such as:-
a. To create, use, copy, download, or provide any directory of the GT&T Services users or any other user or usage information to a person or organization, whether the Customer is paid for this or not;
b. To falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file uploaded by the Customer;
c. To send any message which is obscene or offensive in nature or is abusive, defamatory, menacing, harassing, threatening or unlawful in any other way;
d. In any way which breaches any security or other safeguards or in any other way which harms or interferes with GT&T’s network or the networks or systems of others;
e. To use the Services in a manner that is in breach of any regulatory requirements or any laws of Guyana; or
f. Anything that is protected by copyright, unless the Customer has permission from the copyright owner.
6.10. The Customer understands and agrees that a breach of Clauses 6.9 will be for the sole account of the Customer and as such, any associated costs will be solely borne by the Customer.
7. BILLING AND PAYMENT
7.1. The Customer is responsible for the payment of all charges for the Service, including but not limited to access charges, airtime charges, including toll charges, and charges for service features.
7.2. Except where charges are payable in advance, the Service will ordinarily be charged in arrears on a single monthly invoice.
7.3. All bills rendered to the Customer must be paid in full on or before the due date shown on the bill or indicated by GT&T. If a bill is delayed in the post or otherwise, it is the Customer’s sole obligation to make contact with GT&T to verify the amount due and owing by the Customer. Where payment is made by cheque credit card or other instrument, GT&T may charge the Customer a return fee if the cheque credit card or other instrument is dishonoured.
7.4. Non-payment of bills by the due date will lead to the Service being disconnected and/or suspended. Upon suspension, prompt payment of the outstanding amounts will ensure restoration of the Service. Nonpayment of bills after suspension in the stipulated time as indicated by GT&T, at its sole discretion thereof, will result in permanent disconnection from GT&T’s network, necessitating full payment of outstanding amounts and reapplication for the Service, which the Customer understands and agrees, may come at an additional cost.
7.5. In the case of prepaid service, no bill will be sent to the Customer and network access will be terminated where the Service is deemed to be inactive by GT&T, that is, if the Customer has a zero balance on the Customer’s account for a period in excess of the period prescribed by GT&T and/or the value of the prepaid credit on the Customer’s account has expired and has not been renewed for a period in excess of the period prescribed by GT&T, at its sole discretion thereof.
7.6. If the Customer purchases Mobile Devices from GT&T for prepaid or postpaid mobile Service at GT&T’s discounted rates, that will be stipulated by GT&T at its sole discretion thereof, the Customer shall be required to retain active service with GT&T for a minimum period prescribed by GT&T at GT&T’s sole discretion thereof. If the Customer fails to retain active Service for such period, the Customer will be liable for the payment of the difference between the discounted rate and the undiscounted retail price of the phone charged by GT&T at the time of the Customer’s purchase.
7.7. The Customer must notify GT&T of any contested charge prior to the due date for payment stated on the bill in which such charge appears. Charges in the same bill which are not contested shall be paid on or before the due date. If after investigation it is established to GT&T’s satisfaction that the whole or any part of any contested charge is legitimate, then the Customer must pay such charges on the due date shown in the next bill.
7.8. GT&T is required by law to ensure that its billing system is accurate and reliable and GT&T is committed to complying with such requirements. GT&T’s records are sufficient proof that a charge is payable unless they are shown to be incorrect.
7.9. If you have more than one accounts with GT&T may transfer any credit balance under any of the accounts to settle the outstanding charges under any other account or vice versa and/or GT&T may transfer any outstanding charges under one account to any other.
7.10. The Customer understands and agrees that GT&T, at its sole discretion thereof, may send bills in any format GT&T chooses including without limitation email bill, paper bill, online bill or SMS bill. In order to ensure the Customer can continue to receive the bill, it is the Customer’s responsibility to notify GT&T of changes in billing address, or contact GT&T if the Customer does not receive the email, paper, online, or SMS bill.
8. QUALITY OF SERVICES
8.1. GT&T has the right to change or disconnect the Services provided by GT&T to the Customer where GT&T reasonably determines that any technical modification to the network or change its trading, operating or business practices or policy is necessary to maintain or improve the Services. The Customer agrees that this shall be done without need for prior notice to be given to the Customer by GT&T unless otherwise required by law.
8.2. In order that GT&T can continue to offer the highest of quality Internet access and other related services such as hosting etc., GT&T reserves the right to effect changes to the rules of operation, accessibility and security procedures and the provision, type and location of the service at any given time and without need for prior notice to the Customer. General network and other related maintenance will be performed during non-peak times and may be communicated to the Customer by GT&T in advance, to the email or mobile phone number that was provided by the Customer at time of application. However, it is agreed that from time to time, maintenance may be performed by GT&T or GT&T’s providers and adequate time will not always be provided for GT&T to notify the Customer and the Customer hereby unequivocally agrees to this.
8.3. Where GT&T offers services that have unlimited data consumption, this does not mean that these tariffs are free from network management protocols which are placed to manage excessive or above average data consumption. All of GT&T’s Services have systems in place to ensure that at times of peak network activity users who consume substantially more network resource than the majority may have their connection throttled or slowed down.
8.4. GT&T does not guarantee security. If Customers use Customers Device to access company email or information, it is Customers’ responsibility to ensure that Customers’ use complies with Customers companies’/businesses’ internal IT and security procedures.
8.5. GT&T shall not be responsible for any loss, misappropriation and/or disclosure of any sensitive information in which the Customer transmits. Further, GT&T is not responsible for non-proprietary services or their effects on Devices. The Customer understands and agrees that Caller ID blocking is not available when using GT&T’s Mobile Data Service, and further that the Customer’s wireless number may be transmitted to Internet sites in which the Customer visits. As a result, Customer may receive unsolicited messages from third parties and a charge for these messages may apply (i.e., data charges for downloading these emails and applicable attachments) whether the message is read or unread, solicited or unsolicited.
9. AVAILABILITY OF AND CHANGES TO SERVICE
9.1. The Customer understands and agrees that the Service selected by the Customer may not be available in all areas or at the rates, or speeds, or generally marketed by GT&T, and some locations may not qualify for the Service. The speeds available to each device connected to GT&T’s network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service may vary based on network or Internet congestion, or devices configuration, customer use video on demand (VOD) or real time entertainment services, the coverage distribution inside of customer location, among other factors.
9.2. GT&T does not guarantee fault-free Service. There may be situations where the Services are not continuously available or information is not duly transmitted to, and received by, the Customer or the quality is affected, including without limitation:-
c. When GT&T needs to perform any upgrading, maintenance, or other work on its network or to the Services;
d. Calls and data session may not be maintained when the Customer moves from the GT&T network to any other network of another provider to facilitate local or international calls;
e. Factors outside of GT&T’s control, such as the features or functionality of the Customer’s mobile phone, regulatory requirements, lack of capacity, interruptions to the services from other providers, faults in other communications networks, the weather or radio interference; or
f. Where you are outside Guyana or in areas not covered by GT&T’s networks in which case the Service relies on other provider networks which we have no control.
10. PROMOTIONAL OFFERS
10.1. GT&T may, at its sole discretion, offer promotional pricing, discounted services, and free trials of services, including the Services, to its customers from time to time. Such offers may only be offered to new customers, or a range of customers and the Customer may not be eligible for any, some and/or all of the offers.
10.2. These offers are not guaranteed and can be modified, extended, altered, or cancelled by GT&T at any time without prior notice to the Customer.
10.3. Pricing of promotional offers for services is considered as confidential information between GT&T and a specific Customer and the Customer shall not share or disclose the terms of the promotion offered to the Customer with a third-party without the prior written consent of GT&T.
11. CONFIDENTIAL INFORMATION
11.1. “Confidential Information” means all information regarding either party’s business, or any other customer which has been marked or is otherwise communicated as being “proprietary” or “confidential.” or which reasonably should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, confidential information shall include, even if not marked, the agreement, software, promotional materials, proposals, quotes, rate information, discount information, customer information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance) and invoices, as well as the parties’ communications regarding such items.
11.2. All confidential information shall be kept by the receiving party in strict confidence and shall not be disclosed to any third party without the disclosing party’s express written consent. Notwithstanding the foregoing, such information may be disclosed:
i. to the receiving party’s employees, affiliates, suppliers and agents who have a need to know for the purpose of performing the agreement, using the services, rendering the services, and marketing related products and services (provided that in all cases the receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, suppliers and agents to assure against unauthorized use or disclosure); or
ii. as otherwise authorized by the agreement. Each party agrees to treat all confidential information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care. Notwithstanding the foregoing, each party’s confidentiality obligations hereunder shall not apply to information that is:
a. already known to the receiving party without a pre-existing restriction as to disclosure or becomes publicly available without fault of the receiving party;
b. rightfully obtained by the receiving party from a third party without restriction as to disclosure, or is approved for release by written authorization of the disclosing party;
c. developed independently by the receiving party without use of the disclosing party’s confidential information; or
d. required to be disclosed by law or regulation.
11.3. Notwithstanding the foregoing, the Customer agrees that: (i) GT&T may make references to the fact that the Customer is a Customer of GT&T and the general nature of Services that the Customer purchases from GT&T; and (ii) GT&T may disclose the agreement to a potential purchaser in connection with a sale of all or a portion of its business or assets, including in connection with a merger or reorganization. The non-breaching party shall be entitled to seek equitable relief to protect its interests, but not limited to, injunctive relief.
11.4. The Customer expressly grants GT&T permission to disclose personally identifiable information relating to Customer or Customer's Account in response to a:
a. government subpoena or warrant issued in a civil or criminal investigation or litigation;
b. civil investigative demand issued by a government entity; or
c. court order.
11.5. The Customer further agrees that GT&T may also disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.
11.6. GT&T is not responsible for any information provided by the Customer to third parties. The Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the services. However, this does not pertain to Confidential Information, which the Customer is bound to GT&T by this Agreement.
12. ALLOCATION AND PORTING OF NUMBERS
12.1. Subject to any contrary direction of the regulatory offices or any contrary term of the relevant licence, the Customer will not acquire any right in any number issues or assigned to the Customer under this Agreement and GT&T may, at its sole discretion, modify, withdraw, change or reallocate such number. Except for any modification, withdrawal, change or reallocation resulting from or in connection with the termination or the suspension of the Service, GT&T will endeavor to notify the Customer in such manner as may be reasonable and practicable in the circumstances prior to such modification, withdrawal, change or reallocation.
12.2. If the Customer applies for any porting in of any mobile number ("port-in Number") from a network operated by any other mobile telecommunications service provider the Customer shall pay GT&T, if requested by GT&T at its sole discretion thereof, a non-refundable mobile number port-in charge at the prevailing rate.
13.1. The Customer agrees to defend, indemnify and hold harmless GT&T, its parent companies, associate companies, directors, employees, independent contractors and/or agents (‘GT&T’s entities’) from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to: (i) the use of the Services, (including its employees, agents and other users who access customer’s account) or otherwise arising out of the use of the Customer's account, the Services; (ii) breach of the Agreement; and/or (iii) violation of applicable law, including laws relating to libel, slander, protection of patents, copyrights, trademarks and other intellectual property rights.
13.2. GT&T reserves the right to disconnect or terminate the Service, and/or remove content from the Service, if GT&T determines, in its sole discretion, that the Customer’s use of the Service does not conform to the requirements set forth in the Agreement, interferes with GT&T’s ability to provide the Service, or violates any laws or regulations. GT&T’s actions or inaction under this section shall not constitute review or approval of any use of the Service or content transmitted by the Customer. The Customer agrees to indemnify and hold GT&T’s entities harmless from and against any and all liability arising from the content transmitted by the Customer (or anyone using the Customer’s account) by use of the Services.
13.3. Further, the Customer agrees to defend, indemnify and hold harmless GT&T from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from:
i. any violation of applicable laws, regulations or this Agreement by the Customer or any parties who use the Customer’s account, with or without permission, to access the Service;
ii. the use of the Service, or the placement or transmission of any message, information, software or other materials on the Internet by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service);
iii. negligent acts, errors, or omissions by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service); or
iv. injuries to or death of any person and for damages to or loss of any property of GT&T, the Customer or any third party, 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 GT&T; and/or
v. Claims for infringement of any intellectual property rights arising from the use of the Service.
13.4. The Customer is responsible for all information received, transmitted, and/or stored by the Customer and the Customer hereby releases GT&T from and agrees to indemnify GT&T, its officers, directors, agents, and employees against any and all claims, losses or expenses relating to such information, materials and language.
13.5. This Clause shall survive the termination and/or expiration of this Agreement.
14.1. The Customer hereby represents and warrants to GT&T 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 laws or regulations of Guyana or any other jurisdiction;
ii. GT&T may, at its absolute discretion and without notice effective immediately disconnect or terminate the Service if the Customer fails to pay any charge or other amount due hereunder;
iii. should GT&T in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service;
iv. if the Customer otherwise commits a breach of any term of this Agreement; or
v. if the Customer (or any third party, with or without the Customer’s knowledge) uses the Services in a way which GT&T reasonably thinks may damage or negatively impact the operation of GT&T’s network, the Services, other users of the service or a third party’s network.
14.2. No disconnection or termination of the Service will terminate or relieve the Customer’s obligation to pay any and all outstanding charges, fees or other amounts due and owing to GT&T which accrued prior to disconnection or termination, which amounts shall become immediately due and payable upon disconnection or termination. In the event that action is required to recover outstanding amounts, the Customer shall be liable for all costs of collection, including legal fees and expenses.
14.3. Should the Service be disconnected or terminated for any reason and should GT&T subsequently agree, in its sole discretion, to reinstate the Service, the Customer 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. GT&T may choose not to reinstate the service unless satisfied that there will be no repetition of the circumstances giving rise to the disconnection.
14.4. GT&T does not credit partial service periods or monthly fees. In the event that the Customer cancels its Service before the start of the next service period, GT&T is not obligated to refund any prorated amounts of the Customer’s monthly fee and any fees paid are non-refundable.
14.5. The Customer understands and agrees that the Services provided by GT&T is provided on an "as is" or "as available" basis, with all faults except as otherwise specifically set forth in this Agreement.
14.6. GT&T (and its officers, employees, parent, subsidiaries, and affiliates), its third party licensors, providers and suppliers disclaim any and all warranties for the Service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non- infringement, non-interference, title, integration, and those arising from course of dealing, course of trade, or arising under statute. It is hereby understood by the Customer that no advice or information given by GT&T or its representatives shall create a warranty and that the use of GT&T’s technical support is at the Customer’s own risk and is not warranted.
14.7. In the event that the Customer’s Service is not provisioned for any reason, neither the Customer nor GT&T shall have any duties or obligations under this Agreement (other than GT&T’s ability to resolve the issue).
14.8. GT&T does not warrant that the Service will perform at a particular speed or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. GT&T shall not be liable for loss of the Customer’s data, or if changes in operation, procedures, or services require modification or alteration of Customer’s equipment, render the same obsolete or otherwise affect its performance.
14.9. GT&T makes no warranty regarding any transactions executed using the Service. Further, GT&T makes no warranty regarding the content and information accessed by using the Service. The Customer expressly assumes all risks and responsibilities for use of the Service. The Customer agrees not to use the Service in any high-risk activities where damage, loss, theft and/or injury to person, property, environment, or business may result if an error occurs.
14.10. In no event shall GT&T (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers be liable for: (a) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if GT&T been advised of the possibility of such claim and/or damages, or (b) any claims against the Customer any other party.
14.11. All limitations and disclaimers stated in this section also apply to GT&T’s third party licensors, providers and suppliers as third party beneficiaries of this Agreement.
14.12. Any rights or limits stated herein are the maximum for which GT&T (and its officers, employees, parent, subsidiaries, and affiliates), GT&T’s third party licensors, providers and suppliers are collectively responsible.
14.13. The remedies expressly set forth in this Agreement are the Customer’s sole and exclusive remedies. The Customer may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to the Customer.
15.1. The Customer shall have the right to terminate for convenience this Agreement in whole or part, at any time during the Service Term upon at least thirty (30) days prior written notice to GT&T, and subject to payment to GT&T by the Customer of all outstanding amounts due for the Services.
15.2. Either party may terminate the Agreement for cause if written notice is given to the other party at least thirty (30) days prior to termination specifying the cause for termination and requesting correction and such cause is not corrected within such thirty (30) day period. “Cause” only refers to any material breach of the terms of the Agreement.
15.3. Notwithstanding the foregoing, a Customer’s agreement may also be terminated by GT&T for cause without prior notice:
i. if Customer fails to timely pay for the Services;
ii. if Customer uses the Services in violation of applicable law, or GT&T’s acceptable use or other policies;
iii. in accordance with any applicable tariff on file with applicable regulatory authorities;
iv. if GT&T determines in its sole discretion that the termination of Services is necessary to protect itself, its Customers or the general public against acts of fraud and other unlawful activities.
v. GT&T may also terminate a Customer’s agreement immediately without incurring any liability whatsoever if:
a. any national or international law makes it unlawful for GT&T to provide a Service to Customer, or
b. GT&T is unable to secure or maintain the necessary facilities or utilities required to provide a Service to Customer.
15.4. If the Customer fails to pay for the Services at the stipulated time, GT&T may, at its sole discretion and without any prior notice to the Customer, disconnect the Customer’s service. During this disconnection, the Customer understands and agrees that they will not have any access to the Service until all outstanding charges due and owing have been paid to GT&T including the following charges which the Customer understands and agrees will be applied by GT&T to the Customer:
15.5. The Customer shall pay all the sums due and owing to GT&T at the time of disconnection of the Services by GT&T (including the prorated sums for the use of the services during the month of disconnection);
15.6. Upon the expiration or termination of this Agreement for any reason GT&T may delete all applicable data, files, electronic messages, voicemail or other information stored on GT&T’s servers or systems;
15.7. If the Service is terminated by GT&T, the Customer will remain fully liable and responsible to pay any fees that are still owed to GT&T by the Customer pursuant to this Clause and this Agreement as well as all costs GT&T incurs to collect such amounts including without limitation collection costs and fees.
16.1. The Customer understands and agrees that when travelling outside of Guyana, the Customer will automatically incur charges when using the Mobile Device or the SIM Card for the provision of the Services. The Customer further understands and agrees that any billable incident that occurs while roaming will result in the Customer incurring the relevant roaming charges, which shall be determined by GT&T at its sole discretion thereof. For the purpose of this Agreement, a billable incident shall include without limitation: placing an outgoing call, accepting an incoming call, checking voicemail, receiving a voicemail (even if the voicemail is not checked by the Customer or its agents), receiving an instant message and/or email (even if same are not read or opened), browsing, sending and receiving SMS.
16.2. Further to Clause 16.1, the Customer understands and agrees that voice, SMS, and data used while roaming are not included in the selected Customer’s monthly plan and therefore will not be deducted from the Customer’s monthly plan.
16.3. GT&T reserves the right to provide roaming service based on a Customer’s credit rating and history.
16.4. The Customer understands and agrees that the display on a Customer’s Mobile Device will not be indicative of whether the Customer is incurring or will subsequently incur roaming charges. The use of the Services when roaming will be dependent on the roaming carrier’s support of applicable network technology and functionality. Certain capabilities of the Service may vary or be unavailable in certain countries and with certain carriers while roaming. Therefore, the Customer understands and agrees that availability, quality of coverage and the Services while roaming are not guaranteed by GT&T. The Service will be available subject to foreign operator’s network conditions as well as regulatory guidelines applicable from time to time, over which GT&T has no control. Additionally, the Services will be available subject to compatible handset as well. GT&T therefore cannot and does not guarantee and makes no representation that the Service will always be available or fit in terms of the coverage, reception quality, connectivity as the Service is offered on best effort basis while the Customer is roaming. GT&T will not be liable for the coverage, reception, quality, connectivity relative to the Service.
16.5. If the Customer is a postpaid Customer, then all charges for the Service will be billed to the Customer’s account.
16.6. If the Customer has a prepaid account, all of the charges for the Service will be deducted on a pay-as-you-go basis from the Customer’s prepaid account balance.
16.7. The Customer understands and agrees that there can be a delay in the billing for the Service for postpaid accounts because the information must first be provided to GT&T from the overseas network operator. Any delay in billing, however long it may be, does not affect GT&T’s right to charge the Customer for the Service, and the Customer hereby agrees to pay all charges in full when they become due.
16.8. The Customer will be liable for all charges billed to the Customer’s postpaid and/or deducted from the Customer’s prepaid balance while roaming. The Customer is responsible for all charges incurred through the use of the Customer’s Device or SIM up until the time that the Customer advises GT&T, in writing, that is has been lost and/or stolen and same has been registered in GT&T’s system.
17. ASSIGNMENT. The Parties, their heirs and assigns hereby agree to abide by terms and conditions of this Agreement and all of its schedules.
18. APPLICABLE LAWS. The parties agree that this Agreement shall at all times be subject to the terms of the licenses granted to GT&T by the Government of Guyana pursuant to the Telecommunication Act and by the Public Utilities Commission Act.
19. ENFORCEABILITY OF PROVISIONS. 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. GT&T may, upon reasonable notice to the Customer, vary these terms and conditions and the Customer will be bound by such variation if the Customer uses the service thereafter.
20. AMENDMENTS AND MODIFICATIONS. GT&T may revise the terms and conditions of this Agreement from time to time without any need for prior notice to the Customer. Customers agree to visit the GT&T’s website and the links thereon periodically to be aware of and review any such revisions. Revisions to any other terms and conditions shall be effective upon posting on the website by GT&T. By continuing to use the Service after revisions are in effect, a Customer accepts and agrees to the revisions and to abide by to the revisions and to abide by them.
21. JURISDICTION. The terms and conditions are made in, governed by and subject to the laws of Guyana and the parties hereby submit to the exclusive jurisdiction of the Courts of Guyana.
22. RELATIONSHIP – The Customer’s relationship with GT&T is that of an independent contractor. The Customer is not an agent of GT&T and the Customer has no authority to obligate GT&T by contract or otherwise.
23. The Customer represents and warrants to GT&T that the Customer is of lawful age to enter into this Agreement and that (i) the Customer has the full right, power and authority to enter into this Agreement and to perform the acts required of the Customer hereunder; and (ii) the acceptance of this Agreement by the Customer, and the performance by the Customer of its obligations and duties hereunder, do not and will not violate any agreement to which the Customer is a party or by which it otherwise is bound..
24. By using and accepting the Service from GT&T, the Customer acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if the Customer had physically signed this Agreement. This Agreement supersedes all other written and oral communications or agreements with regard to the subject matter.
25. By providing GT&T with the Customer’s telephone number, cell phone number(s) or email address, the Customer gives consent for GT&T, or any of its agents to contact the Customer and to leave live or pre-ordered messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement.
Effective as January 8th 2020