Terms and Conditions

Terms and Conditions of Wire Line Service

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.
  1. 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.
  1. 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.
  1. 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.
  1. GTT shall retain ownership of all lines, equipment, apparatus and directories provided to the subscriber including telephone numbers and exchange codes.
  1. 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.
  1. GTT shall not be liable for directory errors, but shall upon notice by the subscriber correct same in subsequent issues of the directory.
  1. 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.
  1. GTT shall not furnish new additional services to any subscriber until and unless all previous accounts are settled.
     
  2. 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.
  1. 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.
  1. 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.
  1. The subscriber shall pay to GTT any and all installation fee(s) due for each exchange line or equipment installed.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1.  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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
     
  2. 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.
  1. The terms and conditions are made in, governed by and subject to the laws and the jurisdiction of the Courts and tribunals of Guyana.
  1.  The subscriber hereby represents and warrants to GTT as follows:
    1. 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.
    2. The service provider may, at its absolute discretion and without notice effective immediately suspend or terminate the service;
    3. 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;
    4. 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.
    5. 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.
    6. 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.
    7. 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.
  1. 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.
  1. 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:
    1. 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);
    2. 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);
    3. 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);
    4. 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
    5. 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.


Terms & Conditions of GTT Internet Service

(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. DEFINITIONS

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. GTT+ ONLINE PRIVACY POLICY

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. TERM

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:

  1. 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;
  2. We receive complaints or claims from content providers abroad regarding your use of the service;
  3. You fail to comply with your obligations pursuant to this Agreement
  4. You fail to pay the applicable charges for the Servicer any other Service supplied to you by us, on or before the due date.
  5. 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

  1. 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.
  2. 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.
  3. You will give us and our Third Parties reasonable access to your premises at all reasonable times.
  4. 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.
  5. 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.
  6. 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.
  7. 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

  1. You understand that we do not operate or control the Internet.
  2. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE INTERNET.
  3. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS REGARDING ANY MERCHANDISE, INFORMATION,
  4. PRODUCTS OR SERVICES PROVIDED THROUGH THE INTERNET.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.


14. MISCELLANEOUS

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Governing Law: This Agreement is made in, governed by and subject to the laws and the jurisdiction of the courts of Guyana.
  9. 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.
  10. 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.
  11. No Addition to Terms: No customer Service authorization or similar documents will vary or add to the terms of this Agreement.
  12. 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

 

FIBRE PLUS PLANS

GTT Fibre 300+ $14,999
Download Speed 300 Mbps
Upload Speed 40 Mbps
FREE Minutes 10,000
FREE Calling Features Call Waiting
  Caller I.D
  3 Way Calling

 

GTT Fibre 200+ $12,999
Download Speed 200 Mbps
Upload Speed 30 Mbps
FREE Minutes 5000
FREE Calling Features Call Waiting
  Caller I.D 
  3 Way Calling

 

GTT Fibre 100+ $10,999
Download Speed 100 Mbps
Upload Speed 20 Mbps
FREE Minutes 3000
FREE Calling Features Call Waiting
  Caller I.D
  3 Way Calling

 

GTT Fibre 50+  $9,999
Download Speed 50 Mbps
Upload Speed 15 Mbps
FREE Minutes 1500
FREE Calling Features Call Waiting
  Caller I.D
  3 Way Calling

 

GTT Fibre 20+ $7,999
Download Speed 20 Mbps
Upload Speed 5 Mbps
FREE Minutes 500
FREE Calling Features Call Waiting
  Caller I.D
  3 Way Calling

 

VOICE CALLING RATES PAYG/OVERAGE PRICING
Fibre to Fibre $0.40 per minute
Fibre to Landline  $0.40 per minute
Fibre to Mobile $12.00 per minute

 

OLDER FIBRE PLUS PLANS

 

Fibre +150 $13,999
Download Speed 150 Mbps
Upload Speed 25 Mbps
FREE Minute 5000

 

Fibre +100 $11,999
Download Speed 100 Mbps
Upload Speed 20 Mbps
FREE Minutes 2500

 

Fibre +5 $6,999
Download Speed  5 Mbps
Upload Speed 2 Mbps
FREE Minutes 500

 

FIBRE PLANS

GTT Fibre 50 GTT Fibre 100 GTT Fibre 150  
Download Speed Up to 50 Mbps  Up to 100 Mbps Up to 150 Mbps
Upload Speed Up to 15 Mbps Up to 20 Mbps  Up to 25 Mbps
Monthly Service Fee $8,999 $10,999 $12,999

 

Standard Fibre Voice Calling Rates PAYG/OVERAGE PRICING
Fibre to Fibre $2.50 per min
Fibre to Landline $14.00 per min
Fibre to Mobile $18.00 per min

 


Terms & Conditions of GTT Mobile Service

Please note that by completing this signup process and subscribing for the mobile services being offered by GTT Inc. and by accessing and/or by using GTT 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 GTT. The Customer is hereby deemed to have read the below terms and conditions and to have irrevocably accepted same.
This is an agreement between GTT and the Customer for the provision of mobile services, including but not limited to, post-paid, pre-paid and roaming services on GTT’s mobile networks. This Agreement, the Services and the use of the Customer’s receiving equipment from GTT, 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. GTT reserves the right 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 GTT 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 GTT including any application forms the Customer may sign.

1.2.              “User(s)”, or “Customer” means customers or anyone else who requests, uses or accesses GTT’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 GTT GPRS (General Packet Radio Service) 3G, or 4G LTE (Long Term Evolution) services, or any other mobile data transfer technology that GTT 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 GTT’s mobile networks.

1.7.              GTT may amend, modify or substitute this Agreement at any time without prior written notice to the Customer. The Customer’s continued use of any GTT Service after such amendment, modification or substitution constitutes the Customer’s acceptance of any new terms and conditions. GTT recommends that the Customer visits GTT’s website regularly to check for any updates and/or amendments to this Agreement and GTT shall not be responsible for the Customer’s failure to do so.

1.8.              GTT 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 GTT’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 GTT’s Acceptable Use Policy, included on GTT’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 GTT’s sole discretion and without any need for notice to the Customer.

1.10.              The Service and all information, documents and materials owned by GTT and/or on GTT’s website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All of GTT’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will at all times remain the exclusive property of GTT. Nothing in this Agreement grants the Customer the right or licence to use and/or display any GTT marks.

1.11.              The privacy policy included on GTT’s website and incorporated herein by this reference to form part of this Agreement applies to all Customers and the Customer hereby represents and warrants that the Customer will be bound to GTT’s privacy policy.

1.12.              Subject to any statutory requirement issued by the Public Utilities Authority, Telecommunications Agency and/or other relevant statutory body, GTT will send any notice of any variation, amendment, modification, deletion or addition to any terms and conditions of this Agreement.

1.3.              The Agreement is personal to the Customer. Unless GTT 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 GTT 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 GTT’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.              GTT 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 GTT’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 GTT, and further that GTT 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 GTT’s mobile system and conforms to any applicable rules and regulations prescribed by GTT 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 GTT that mobile phone must comply with standards to be determined by GTT. We cannot guarantee provision of the Service to Customer when Customer uses a mobile phone not supplied by GTT.

3.4.              The Customer hereby understands and agrees that Mobile Devices purchased by the Customer from GTT are locked to GTT’s Network and therefore the Customer understands that the Customer is hereby restricted from using the GTT 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 GTT Mobile Device to be used on any other network utilizing another SIM Card, GTT would be unable to unlock the GTT Mobile Device and therefore, the Customer will be required to purchase another mobile device.

3.6.              The Customer understands and agrees that any mobile plan selected by the Customer does not automatically renew upon expiration.

3.7.              Further to Clause 3.6, the Customer understands and agrees that the Customer will be required to purchase the Services manually by accessing the USSD menu, the MyGTT app and/or any other method that may be prescribed by GTT, at its sole discretion thereof.

3.8.              The Customer understands and agrees that when the Customer’s Service expires before the expiration date as a result of the Customer’s usage, the Customer may continue to access the Services through the use of Wi-Fi, or access a free website that may be provided by GTT, and/or purchase a new plan or bundle using the Customer’s core balance.

3.9.              The Customer understands and agrees that if at the time of expiration of the Mobile Data Plan purchased by the Customer, there is data remaining, the Customer has twenty-four (24) hours to purchase a new Mobile Data plan in order for the remaining data to be rolled over. Further, the Customer agrees that failure to purchase such Mobile Data plan prior to the expiration of the twenty-four (24) hours will result in the Mobile Data expiring and no further access to its use by the Customer.

3.10.           The Customer understands and agrees that upon the expiration of the Customer’s Mobile Data plan, the Customer will not be able to access any remaining Mobile Data the Customer may have unless the Customer purchases a new Mobile Data plan.

4.     RATES

4.1.              Charges atached to the Services shall be based on rates published by GTT from time to time, using any means GTT 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 GTT 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 GTT may review their charges from time to time, in its sole discretion thereof, subject to GTT giving the Customer prior writen notice, which shall mainly be included on GTT’s website or any other method as determined by GTT, in its sole discretion thereof.

4.5.              The Customer acknowledges and certifies that they been billed at the customer type that they have advised GTT – Consumer or Business - and Customer assumes any and all liabilities relevant to any non-payment of VAT for service provided by GTT to customer, where VAT is payable to the Guyana Revenues Assurance as a result of the incorrect customer type being selected, and Customer indemnifies and holds GTT harmless. Roaming charges for the Service may be charged when outside GTT 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 GTT 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 GTT 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 GTT wireless customers for a fixed fee. The Customer understands and agrees that certain services or volumes of usage more than 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 GTT. 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 GTT’s customer care department. GTT, 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 GTT’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 GTT’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 GTT a replacement fee, as indicated by GTT, 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 GTT) and returned to GTT within one (1) month from the date of purchase by the Customer.

5.4.              The Customer must contact GTT 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 GTT 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 GTT based on the type of Service chosen by the Customer as well as GTT 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 understands and agrees that the Customer must Top Up the phone number associated with the SIM Card at least once every ninety (90) days in order to continue the use of the Services. The Customer’s failure to do this may result in the SIM Card, at GTT’s sole discretion, being disconnected from GTT’s Network, and upon the expiration of one hundred and twenty (120) days, the Customer understands and agrees that the phone number (MSISDN) associated with the SIM Card will be available to be reallocated by GTT, at its sole discretion, to another customer.

6.4.              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 GTT.

6.5.              Pursuant to Clause 6.2, the Customer understands and agrees that once the SIM Card is disconnected or the Agreement is terminated, any credit in the Customer’s account will be forfeited. If the Customer is disconnected and wish to be reconnected, the Customer may need a new SIM Card and phone number (MSISDN) that can be obtained from GTT at an additional charge. On disconnection, the telephone number associated with the SIM Card will be lost, and GTT will be under no obligation to make any refund for the credit that may be remaining on the SIM Card or provide the Customer with the same number if this has already been allocated by GTT to another customer.

6.6.              In instances where the Customer is required to pay a security deposit, this amount will be determined by GTT, at its sole discretion, and shall be payable upon request.

6.7.              The fact that a security deposit has been paid shall in no way relieve the Customer from complying with GTT’s requirement for prompt payment of bills on presentation, nor, shall it constitute a waiver of GTT’s regular practice in relation to discontinuance of the Service for non- payment of any sum due to GTT by the Customer.

6.8.              A Credit or usage limit will be established for all postpaid customers at GTT’s discretion. If the Customer exceeds the Customer’s established limit without entering into an arrangement acceptable to GTT, GTT may suspend the Customer’s Service.

6.9.              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.

6.10.           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.

6.11.           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 GTT 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 GTT’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.

6.12.           The Customer understands and agrees that GTT, at times, may have to: (a) alter the telephone number associated with the SIM, or any other name, code or number associated with the Service; (b) suspend the Service for operational reasons, in cases of emergency, or for the Customer’s security; (c) bar certain numbers from the Service in order to prevent fraud or in circumstances where GTT would suffer direct loss. As such, GTT will have no liability as a result of this.

6.13.           The Customer understands and agrees that a breach of Clauses 6.10 and 6.11 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 GTT. If a bill is delayed in the post or otherwise, it is the Customer’s sole obligation to make contact with GTT to verify the amount due and owing by the Customer. Where payment is made by cheque credit card or other instrument, GTT 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 GTT, at its sole discretion thereof, will result in permanent disconnection from GTT’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 GTT, that is, if the Customer has a zero balance on the Customer’s account for a period in excess of the period prescribed by GTT 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 GTT, at its sole discretion thereof.

7.6.              If the Customer purchases Mobile Devices from GTT for prepaid or postpaid mobile Service at GTT’s discounted rates, that will be stipulated by GTT at its sole discretion thereof, the Customer shall be required to retain active service with GTT for a minimum period prescribed by GTT at GTT’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 GTT at the time of the Customer’s purchase.

7.7.              The Customer must notify GTT 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 GTT’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.              GTT is required by law to ensure that its billing system is accurate and reliable and GTT is committed to complying with such requirements. GTT’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 GTT may transfer any credit balance under any of the accounts to settle the outstanding charges under any other account or vice versa and/or GTT may transfer any outstanding charges under one account to any other.

7.10.           The Customer understands and agrees that GTT, at its sole discretion thereof, may send bills in any format GTT 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 GTT of changes in billing address, or contact GTT if the Customer does not receive the email, paper, online, or SMS bill.

 

8.     QUALITY OF SERVICES

 

8.1.              GTT has the right to change or disconnect the Services provided by GTT to the Customer where GTT reasonably determines that any technical modification to the network or change in 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 GTT unless otherwise required by law.

8.2.              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 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 GTT 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 GTT or GTT’s providers and adequate time will not always be provided for GTT to notify the Customer and the Customer hereby unequivocally agrees to this.

8.3.              Where GTT 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 GTT’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.              GTT 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.              GTT shall not be responsible for any loss, misappropriation and/or disclosure of any sensitive information which the Customer transmits. Further, GTT 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 GTT’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 GTT, and some locations may not qualify for the Service. The speeds available to each device connected to GTT’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.              GTT does not guarantee fault-free Service. There may be situations where the Services are not continuously available or information is not duly transmited to, and received by, the Customer or the quality is affected, including without limitation: -

a.       When GTT needs to perform any upgrading, maintenance, or other work on its network or to the Services;

b.       Calls and data session may not be maintained when the Customer moves from the GTT network to any other network of another provider to facilitate local or international calls;

c.        Factors outside of GTT’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

d.       Where you are outside Guyana or in areas not covered by GTT’s networks in which case the Service relies on other provider networks which we have no control.

 

10.     PROMOTIONAL OFFERS

10.1.              GTT 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 GTT at any time without prior notice to the Customer.

10.3.              Pricing of promotional offers for services is considered as confidential information between GTT 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 GTT.

 

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 writen 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) GTT may make references to the fact that the Customer is a Customer of GTT and the general nature of Services that the Customer purchases from GTT; and (ii) GTT 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 GTT 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 GTT 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.              GTT 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 GTT 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 license, the Customer will not acquire any right in any number issues or assigned to the Customer under this Agreement and GTT 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, GTT 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 GTT, if requested by GTT at its sole discretion thereof, a non-refundable mobile number port-in charge at the prevailing rate.

 

13.    INDEMNIFICATION

13.1.              The Customer agrees to defend, indemnify and hold harmless GTT, its parent companies, associate companies, directors, employees, independent contractors and/or agents (‘GTT’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.              GTT reserves the right to disconnect or terminate the Service, and/or remove content from the Service, if GTT 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 GTT’s ability to provide the Service, or violates any laws or regulations. GTT’s actions or inaction under this section shall not constitute review or approval of any use of the Service or content transmited by the Customer. The Customer agrees to indemnify and hold GTT’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 GTT 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 GTT, 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 wilful misconduct of GTT; 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 GTT from and agrees to indemnify GTT, 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.    WARRANTIES

14.1.              The Customer 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 laws or regulations of Guyana or any other jurisdiction;

ii.          GTT 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 GTT 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 GTT reasonably thinks may damage or negatively impact the operation of GTT’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 GTT 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 GTT 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. GTT 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.              GTT 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, GTT 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 GTT is provided on an "as is" or "as available" basis, with all faults except as otherwise specifically set forth in this Agreement.

14.6.              GTT (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 GTT or its representatives shall create a warranty and that the use of GTT’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 GTT shall have any duties or obligations under this Agreement (other than GTT’s ability to resolve the issue).

14.8.              GTT 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. GTT 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.              GTT makes no warranty regarding any transactions executed using the Service. Further, GTT 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 GTT (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 GTT 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 GTT’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 GTT (and its officers, employees, parent, subsidiaries, and affiliates), GTT’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.    TERMINATION

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 writen notice to GTT, and subject to payment to GTT by the Customer of all outstanding amounts due for the Services.

15.2.              Either party may terminate the Agreement for cause if writen 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 GTT 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 GTT’s acceptable use or other policies;

iii.         in accordance with any applicable tariff on file with applicable regulatory authorities;

iv.         if GTT 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.          GTT may also terminate a Customer’s agreement immediately without incurring any liability whatsoever if:

a.       any national or international law makes it unlawful for GTT to provide a Service to Customer, or

b.       GTT 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, GTT 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 GTT including the following charges which the Customer understands and agrees will be applied by GTT to the Customer:

15.5.              The Customer shall pay all the sums due and owing to GTT at the time of disconnection of the Services by GTT (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 GTT may delete all applicable data, files, electronic messages, voicemail or other information stored on GTT’s servers or systems;

 

15.7.              If the Service is terminated by GTT, the Customer will remain fully liable and responsible to pay any fees that are still owed to GTT by the Customer pursuant to this Clause and this Agreement as well as all costs GTT incurs to collect such amounts including without limitation collection costs and fees.

 

16.    ROAMING

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 GTT 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 the internet or social media, streaming media, software updates which may happen in the background without your knowledge, 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.              GTT 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 GTT. The Service will be available subject to foreign operator’s network conditions as well as regulatory guidelines applicable from time to time, over which GTT has no control. Additionally, the Services will be available subject to compatible handset as well. GTT 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. GTT 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 GTT from the overseas network operator. Any delay in billing, however long it may be, does not affect GTT’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 GTT, in writing, that is has been lost and/or stolen and same has been registered in GTT’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 licences granted to GTT 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. GTT 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.  GTT 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 GTT’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 GTT. 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 GTT is that of an independent contractor. The Customer is not an agent of GTT and the Customer has no authority to obligate GTT by contract or otherwise.

23.       The Customer represents and warrants to GTT 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 GTT, 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 mater.

25.       By providing GTT with the Customer’s telephone number, cell phone number(s) or email address, the Customer gives consent for GTT, 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 September 14th 2023


Terms & Conditions of GTT Connex Services

Please note that by completing this signup process and subscribing for the services being offered by GTT Inc. and by accessing and/or by using GTT 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 GTT. The Customer is hereby deemed to have read the below terms and conditions and to have irrevocably accepted same. GTT reserves the rights to not accept or proceed with a customer’s application without the need for prior notice and/or explanation to the Customer.

 

1.        INTRODUCTION

1.1. These terms and conditions (‘the Agreement’) outline the provisions that govern the use of the services and equipment provided by GTT to the Customer.

1.2.“Customer’s premises or Site” means the location indicated by the Customer and approved by GTT for the provision of the Service by GTT, whether the Customer owns the said premises.

1.3. “User(s)”, or “Customer” means customers or anyone else who requests, uses, or accesses GTT’s services, through the application process, which has been approved by GTT, at its sole discretion thereof.

1.4. “Service” or “Services” refer to conneX internet access package, offered by GTT, and elected by the Customer in the application.

1.5. GTT may amend, modify, or substitute this Agreement at any time without prior written notice to the Customer. The Customer’s continued use of any GTT service after such amendment, modification or substitution constitutes the Customer’s acceptance of any new terms and conditions. GTT recommends that the Customer visits GTT’s website regularly to check for any updates or amendments to this Agreement and GTT shall not be responsible for the Customer’s failure to do so.

1.6. GTT 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 GTT’s sole discretion.

1.7. GTT shall provide the Services to the Customer as requested in the application form completed by the Customer or the Customer’s representative and as outlined in this Agreement.

1.8. As a condition of the use of the Service, the Customer warrants that the Customer will use the Service in accordance with GTT’s Acceptable Use Policy, which is included on GTT’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 GTT’s sole discretion and such changes may be displayed by GTT on its website.

1.9. The Service, Equipment (as defined hereunder) and all information, documents and materials owned by GTT and/or on GTT’s website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All GTT’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will always remain the exclusive property of GTT. Nothing in this Agreement grants the Customer the right or licence to use any GTT marks, without GTT’s prior written consent.

1.10. GTT’s privacy policy included on GTT’s website and incorporated herein by this reference to form part of this Agreement applies to all customers and the Customer hereby represents and warrants that the Customer will abide by same.

.1.11. GTT may, at its sole discretion, offer promotional pricing 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 the offers.

 

2.        INSTALLATION AND SERVICE FEES

2.1. 2.1.      As full consideration for the Services under the terms and conditions of this Agreement, the Customer shall pay GTT the sums as selected by the Customer in the application process. For any avoidance of doubt, the Customer shall pay the installation and monthly recurring fees as indicated by GTT, at GTT’s sole discretion thereof.

2.2. 2.2.    The Customer understands and agrees that the monthly recurring fees to be paid by the Customer may be changed and prior notice of such changes will be made by GTT on its website.

2.3. 2.3.    GTT will issue an invoice to the Customer for the charges, which shall include VAT for each month. The Customer will be liable for all charges and VAT applicable to each Service provided from the start date of the Service.

2.4. 2.4.  The Customer shall pay each invoice issued by GTT on or before 10th day of each month following the month in which the invoice is issued without withholding any amount or making any deduction.

 

3.        TERM AND TERMINATION

3.1. This Agreement shall commence from the date of acceptance of the application by GTT and shall continue to remain in full force and effect for the period as selected by the Customer in the application form completed by the Customer for the Services (hereinafter referred to as the “Initial Term”).

3.2. Notwithstanding Clause 3.1 hereof, at the expiration of the Initial Term, this Agreement shall renew automatically on a month- to-month basis, unless cancelled by either party pursuant to the terms and conditions contained herein.

3.3. Subject to Clause 6.1, this Agreement may be terminated by either Party serving thirty (30) days’ prior written notice to the other Party.

3.4.If either party has defaulted in the performance and/or observance of a term or condition of this Agreement, the other party reserves the right to give notice of the breach and the party in breach shall remedy or begin to remedy such breach within a period of ten (10) days after being requested to do so in writing. If the party in breach fails to cure the said breach within the said period, the other party shall have the right to terminate this Agreement.

3.5. Any party may terminate this Agreement upon the commencement of a voluntary or involuntary proceeding under any bankruptcy, insolvency, reorganization liquidation, dissolution, or similar law with respect to any other party.

3.6.  Upon termination or if this Agreement comes to an end, GTT will: -

a.        Disconnect the Customer from GTT Network and promptly remove the Equipment from the Site and the Customer hereby represents and warrants that the Customer shall allow GTT to remove the Equipment from the Site; and

b.        Both Parties will return to the other, any information, property, or item, which is in its possession and that belongs to the other party.

    3.7. Pursuant to Clause 3.6(a) hereof, the Site is defined as the place elected by the Customer in the application process where the       Services will be installed by GTT and such Services are in fact installed.

 

4.        ROLES AND RESPONSIBILITIES OF THE PARTIES

4.1.  GTT shall: -

a.         provide the Services to the Customer at the Site in accordance with the provisions of this Agreement;

b.         provide, transport, and install fiber facilities and equipment at the Site. It is hereby understood by the Parties that the Equipment so installed by GTT will remain the property of GTT after same is installed at the Site and throughout the Term of the Agreement including any subsequent renewal terms; and

  be responsible for determining, at its sole discretion, the best and most practical means, and methods of installing the Equipment and performing the Services.

 

4.2.  The Customer shall: -

a.         for the duration of this Agreement, ensure that GTT is the sole and exclusive telecommunications provider to the Customer at the Site unless otherwise agreed to by GTT in writing and at its sole discretion thereof;

b.         not infringe or otherwise diminish any of GTT’s intellectual property rights in relation to the Services, Equipment and/or this Agreement;

c.         pay GTT monthly for the Services provided at the Site in accordance with the selected Service plan;

 

d.    use the Equipment provided to the Customer by GTT, which for the purpose of this Agreement will be one Optical Network Terminal/ ONT Modem, Cables, Pods (Super or Power pods and if selected by the Customer) and any other equipment which may be provided by GTT from time to time (hereinafter referred to as “the Equipment”) in accordance with the provisions of this Agreement as well as subject to any operational instructions, manuals and directions that GTT and/or the manufacturers of the Equipment may issue from time to time;

 

e.    cooperate with GTT as may be reasonably required to enable the provision of the Services, including without limitation allowing unrestricted and safe access to the Site as well to make alterations of engineering or other nature in the Equipment and/or Services. Therefore, the Customer hereby grants GTT and its employees, agents and/or contractors, a license and right to enter and access the Site for the purpose of installing, uninstalling, operating, and maintaining the Equipment, in each case as and to the extent contemplated in this Agreement and as provided by applicable laws;

f.    undertake other tasks as requested by GTT that are within the scope of its duties as contemplated by this Agreement; and

g.   assume and bear the risk of theft, loss for destruction of or damage to the Equipment from any negligence, act and/or omission caused by the Customer and/or the Customer’s employees, directors, officers, agents, independent contractors, and/or visitors to the Site until the Equipment is returned to GTT. No such theft, loss or damage shall impair any obligation of the Customer under this Agreement, which shall continue in full force and effect. In event of damage to and/or theft, loss and/or destruction of the Equipment (or any item thereof), the Customer shall promptly notify GTT in writing of such fact and of all details with respect thereto, and shall, at its sole expense and cost and within thirty (30) days of such event, pay to GTT the costs to repair and/or replace the Equipment.

 

 

4.3. Equipment

a.         The Parties agree that the Equipment, is and always shall remain the sole and exclusive property of GTT, and the Customer covenants that it will, always, treat the Equipment as such and that no part of the Equipment shall be considered or treated as fixtures. No right, title or interest in the Equipment shall pass to the Customer because of this Agreement other than the right to maintain possession and use of the Equipment for the term of this Agreement (and any renewal period), conditioned upon the Customer’s compliance with the terms and conditions herein.

b.   The Customer hereby assumes and shall bear the risk of loss for theft of, destruction of and/or damage to the Equipment for any and every cause whatsoever save and except the willful act or gross negligence of GTT, and such risk of loss shall continue until the Equipment is returned to GTT.

c.    In event of damage to or loss, theft or destruction of the Equipment, the Customer shall promptly notify GTT in writing of such fact and of all details with respect thereto, and shall, within five (5) days of such event, at GTT sole option either (i) place the same in good repair, condition and working order; (ii) at the Customer’s sole cost and expense, substitute such Equipment with equipment of equal or superior manufacture, make, model and features, and transfer clear title to GTT or (iii) pay GTT an amount equivalent to the Equipment. 

d.   The Customer shall use all reasonable endeavors to protect the Equipment from environmental hazards including without limitation radio or electrical interference, power fluctuations and other abnormal environmental conditions.

 

5.        COMMENCEMENT DATE OF SERVICES

5.1. GTT shall inform the Customer when the Services are available and performing (hereinafter referred to as the “Service Commencement Date”). Charges for such Services shall begin to accrue as of the Service Commencement Date.

5.2. Without prejudice to GTT’s obligations to meet the availability service levels specified in the Service Level Agreement, hereto attached, marked “Schedule 1”, and incorporated herein by this reference to form part of this Agreement, GTT may temporarily suspend or restrict the Service to carry out maintenance or development on GTT Network. In doing so, unless the suspension or restriction is required to respond to an emergency, GTT shall:

a.         Give the Customer at least three (3) days’ prior notice of the suspension or restriction;

b.         Use best endeavors to ensure that the suspension or restriction takes place during the planned outage window for that Service;

c.         Use is best endeavors to minimize disruption to the Customer’s Site; and

d.         Fully reinstate the Services as soon as the maintenance or development work is completed.

 

6.        TERMINATION, UPGRADES AND DOWNGRADES

6.1.

a.         Customer’s agreement may be terminated by GTT for cause without prior notice: if the Customer fails to timely pay for the Services, if the Customer uses the Services in violation of applicable law, or GTT’s acceptable use or other policies and/or if GTT 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.

b.         If the Customer fails to pay for the Services at the stipulated time, GTT 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 GTT including the following charges which the Customer understands and agrees will be applied by GTT to the Customer:

i.                      The Customer shall pay all the sums due and owing to GTT at the time of disconnection of the services by GTT;

ii.                     The Customer shall pay the full monthly recurring charge for the month in which the service was disconnected based on the Customer’s active plan at the time of disconnection;

iii.                    The Customer shall pay the monthly equipment rental charge to GTT for the period in which the Services have been disconnected i.e., for every month the service remains disconnected; and

iv.                   the Customer shall pay the pro-rata sum of the monthly recurring charge of the month in which the Service is reconnected by GTT.

c.         If the Customer’s service remains disconnected for a period of ninety (90) days from the initial date of disconnection,

 

then GTT, in its sole discretion, will have the option of terminating the Customer’s service permanently. At this time, the Customer shall be under the obligation to pay GTT all outstanding charges pursuant to this Clause 6.

d.         Upon termination of the service, GTT shall be given unlimited access by the Customer to the Customer’s premises to remove the Equipment. If GTT is unable to remove the Equipment from the Customer’s premises within five (5) days because of the Customer’s acts, omissions, or refusal to permit GTT access to the Customer’s premises, then the Customer will be charged a penalty of Thirty-One Thousand Dollars ($31,000.00). This penalty will not replace GTT’s power to remove the Equipment, as charges pursuant to this Clause 6, and is subject to change by GTT without any prior notice to the Customer.

e.         If the Service is terminated by GTT, the Customer will remain fully liable and responsible to pay any fees that are still owed to GTT by the Customer pursuant to this Clause and this Agreement as well as all costs GTT incurs to collect such amounts including without limitation collection costs and fees.

 

6.2. Upgrades

The Customer may upgrade the speed or capacity of the Services without incurring Termination Charges provided that:

a.         the Upgraded Service must have the same points of termination on GTT network as the existing service. If the upgraded service is at a different location, the Customer may be required to pay removal, transfer and/or installation charges, at GTT’s sole discretion thereof;

b.         Customer applies to GTT for the upgraded service and that application is accepted by GTT;

c.         Customer pays GTT applicable nonrecurring charges for the upgrade, if applicable; and

d.         Customer agrees to pay the applicable monthly recurring charges for the upgraded service commencing with the upgrade.

 

6.3. Downgrades.

The Customer may downgrade the speed or capacity of an Existing Service at any time provided that the Customer maintains the Service for the remainder of the applicable term.

 

7.        ADDITIONAL INFORMATION - As necessary for the provision of the Services, GTT may request from the Customer and the Customer hereby agrees to provide to GTT requisite information and documents including without limitation, incorporation/business registration documents, identification documents, proof of address, circuit facility assignment information, firm order commitment information and design layouts necessary to enable GTT to provide the Services.

 

8.        WARRANTIES

8.1. The Customer acknowledges that GTT is not the manufacturer of the Equipment and as such, the Customer agrees that as between the Customer and GTT, the Equipment leased hereunder is of a design, size, fitness, and capacity selected by the Customer and the Customer is satisfied that the same is suitable and fit for its intended purpose.

8.2. The Customer further acknowledges that GTT makes no representation or warranty of any kind, express or implied, with respect to the Equipment, its merchantability, or its fitness for a particular purpose. GTT shall not be liable to the Customer or any other person for direct, special, consequential, indirect, or incidental damages arising from the Customer’s use of the Equipment, any defect or malfunction of the Equipment, or for damages based on strict or absolute tort liability or GTT’s negligence.

8.3. The Customer acknowledges that the Services are not fault free and the quality and availability of the Services may be affected by factors outside the control of GTT such as local geographic or physical obstructions, atmospheric conditions, and other causes of radio interference as well as other telecommunication faults. The network and the Services may also from time to time require upgrading modification maintenance or other works that may also result in the Services or any part thereof becoming temporarily unavailable. GTT however undertakes to act on such interferences promptly.

8.4. The Customer shall be entitled to the benefit of any applicable manufacturer's warranties received or held by GTT or from which GTT otherwise benefits, and to the extent assignable, GTT hereby assigns such warranties to the Customer for the Term.

 

9.        INDEMNITY

9.1. Definition of Losses. For the purposes of this Clause, “Losses” means all losses, liabilities, damages, and costs (including Taxes) and all related costs and expenses (including reasonable attorney’s fees and disbursements and costs of investigation, litigation, and settlement).

      The Customer shall indemnify, defend and hold GTT, its respective officers, directors, employees, agents, affiliates, successors and assigns, harmless from and against any and all Losses arising out of or relating to: (i) a breach by Customer or its representatives, employees, students, faculty members and/or agents (collectively referred to as “Affiliates”) of any material representation of warranty provided under this Agreement; (ii) a breach by Customer of the confidentiality provisions of this Agreement; and/or (iii) the death or injury of or damage to any person, or real or personal, tangible or intangible personal property to the extent such injury or damage is proximately caused by Customer’s or its Affiliates’ negligence, acts and/or misconduct; or (iv) a claim by a third party that the content, use and/or publication of information and communications transmitted by Customer or its customers or authorized end users using the Services, or accessible to third parties through the use by Customer or its customers or authorized end-users of the Services (“Content”) infringes upon the rights of such third party, regardless of the form of action, whether in contract, tort, warranty, or strict liability and whether in respect of copyright infringement or any manner of intellectual property claims.

 

10.     FORCE MAJEURE- Other than with respect to failure to make payments due hereunder, neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by: fire; flood; earthquake; the elements; lightning; explosion; war; act of terrorism; strike; embargo; labor dispute; utility curtailments; power failures; government requirement; civil or military authority; act of god or nature; inability to secure materials or transportation facilities; act or omission of carriers or suppliers (other than the parties themselves); acts or failures to act of any governmental authority; computer viruses or worms; ‘denial of service’ attacks, DNS spoofing attacks and/or other hacking attacks of a similar nature (provided that the Parties have taken reasonable steps to prevent such hacking attacks) or any other causes beyond its reasonable control, whether or not similar to the foregoing providing that for any cause of force majeure the parties have taken reasonable steps to prevent such an event. Failure of either party to perform under this Agreement, because of the occurrence of an event of force majeure lasting more than forty-five (45) days will, upon twenty-four hours written notice to the other party, represent a ground for termination only of the service affected.

 

11.     REGULATORY MATTERS; COMPLIANCE WITH LAWS; USE OF SERVICES AND SOFTWARE; ACCEPTABLE USE POLICY.

11.1. GTT, upon reasonable notice to the Customer, may cancel or suspend the provision of the whole or any part of any Service, which is determined to be a violation of, or no longer permitted under, any applicable law or regulation, or of GTT’s license in the jurisdiction. GTT will make reasonable efforts to restore the Service or provide a permitted functionally equivalent substitute service on terms to be agreed.

11.2. The Customer will ensure that neither it nor its Affiliates, or other authorized third-party end users interfere with or disrupt other users of the Services or of the GTT Network. The Customer will use the Services only for the purposes for which it is designed and provided.

11.3. The Parties shall comply with their licenses and all Laws applicable to this Agreement and to their respective businesses.

11.4. The Customer warrants that it, its Affiliates and/or other authorized third-party end users of the Customer will obtain all required licenses and permits, and will comply with any laws, which may be applicable to the provision and use of the Services by such authorized third-party end users of the Customer.

11.5.  GTT hereby grants to the Customer a personal, non-exclusive, non-transferable license during the term of this Agreement to use, in object code form, all software and related documentation owned by GTT (“Licensed Material”) which may be furnished to the Customer under this Agreement solely for use with the Services ordered. Any Licensed Material furnished to the Customer under this Agreement shall not be reproduced or copied in whole or in part, by the Customer, and will be returned to GTT at the conclusion of the term (or earlier termination) of this Agreement.

11.6. The Customer is solely responsible for (a) content of information and communications transmitted using the Services, and

 (b) use and publication of communications and/or information using the Services. The Customer understands and agrees that GTT is only an intermediary for the transmission of the Customer and third-party information, that GTT plays a passive role as a conduit of information for the Customer and third parties, and that GTT neither initiates the transmission of information, selects the receivers of the transmission, nor selects nor modifies the information contained in the transmission.

11.7. The Customer shall comply with GTT’s Acceptable Use Policy (the “AUP” or “Policy”) which Policy GTT may modify at any time and is incorporated herein to form part of this Agreement. The current, complete Policy is found on GTT’s website. A failure to comply with the Policy shall constitute a material breach of this Agreement.

11.8. The Customer shall perform its obligations under this Agreement in a commercially reasonable, ethical, and professional manner and in accordance with applicable legal requirements.

11.9. The Services are provided to the Customer strictly for the Customer’s own internal use, and Customer shall not use, sell or resell the Services, either alone or as combined with other products and services, to provide voice, data, video, information, Internet, bandwidth, traffic termination, traffic routing, or other telecommunications or communications products or services to or for the benefit of any third parties unless GTT, in writing, permits the Customer to do. To the extent that the Customer violates this provision, in addition to any other rights and remedies that GTT has under this Agreement and the laws of Guyana, the Customer shall be obligated to pay to GTT for the Services provided in breach of this Agreement and clause at the retail rates that GTT would have charged for the same or similar services at the relevant time as well as any other ancillary charges.

11.10. The Customer undertakes not to route any traffic or transmission by a route other than that established or approved by GTT for providing the Services.

 

12.     GOVERNING LAW.

12.1. The laws of the Guyana will govern the validity, the interpretation and performance of this Agreement, with all actions brought in the courts in Guyana.

12.2. Each party hereby waives, to the fullest extent permitted by applicable laws, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or the Services or transactions contemplated hereby (whether based in contract, tort, or any other theory).

 

13.     NOTICES- All notifications, requests, rate changes, demands and other communications required or permitted under this Agreement (“Notices”) will be in writing by email and addressed to the recipient Party at the address(es) inclusive of the email addresses specified by the Parties.

 

14.     GENERAL.

14.1. Intellectual Property Rights

a.         Acquiring a Service does not give the Customer any property rights or beneficial interest in any part of the GTT Network. Neither the supply of any GTT Equipment to, nor use of any Equipment by the Customer or any end user gives any beneficial interest in that Equipment.

b.         All property rights (including without limitation copyright, trademarks, design, and other intellectual property rights) contained in or relating to any software, equipment or other materials forming part of the Services or otherwise provided by GTT, belong to GTT or its licensors.

c.         Neither party will use the name, trade name or logo of the other party without that party’s prior written consent, except that the Customer may use the name, trademark, or logo of GTT in referring to GTT as a telecommunications provider to the Customer.

14.2. Independent Contractors- GTT and Customer are, and shall be deemed to be, independent contractors with respect to the subject matter of this Agreement. Nothing contained herein shall constitute this arrangement to be a joint venture or a partnership between GTT and Customer.

14.3.   Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other, except that GTT may freely assign this Agreement or any portion thereof and may freely assign its right to receive payments hereunder. Any assignment, transfer or other disposition which is in violation of this Section is void and of no force and effect.

14.4. Subcontracting. GTT, without the Customer's consent, may subcontract the provision of a Service, or a portion of a Service, if GTT will continue to be liable for the performance of such subcontractors under the terms of this Agreement.

14.5. Customer Data. Notwithstanding anything to the contrary, the Customer agrees that GTT may process personal data (for example, contact details) provided by the Customer in connection with this Agreement (hereinafter, Customer Data”) for the purpose of this Agreement and/or for purposes connected with the Service and/or business relationship between the Parties, consistent with applicable law and regulation. The Customer confirms that it has obtained all necessary consents to such processing from the data subjects concerned. Such processing may also include transferring Customer Data to other GTT Affiliates worldwide and/or its storage in a local or foreign database.

14.6.  Publicity. Neither Party will publish or use any advertising, sales promotions, press releases nor did other publicity, which uses the name, logo, trademarks, or service marks of the other without the prior written approval of the other, provide either Party might list the other as a supplier/customer of the services provided hereunder.

14.7. Non-Disclosure. Each Party acknowledges that it may have access to confidential or proprietary information of the other party. Accordingly, the provisions of this Agreement, proprietary information and/or trade secrets of a Party, any information identified by the disclosing Party as confidential, and any information that by the circumstances of disclosure or the nature of the information itself should be treated confidentially (together the “Confidential Information”), shall be treated by all Parties on a confidential basis. Neither Party shall, unless required by law, disclose the other party’s Confidential Information without the prior written consent of the other Party. Upon a Party’s request or the termination or expiration of this Agreement, such Confidential Information, including copies thereof, shall be returned by the receiving Party or, if the disclosing Party elects, shall be destroyed.

14.8. No Waiver. No waiver of any term or condition of this Agreement shall be enforceable unless it is in writing and signed by the Party against whom it is sought to be charged. No failure or delay by either Party in exercising any right, power or remedy will operate as a waiver of any such right, power or remedy unless provided herein. The waiver by either GTT or the Customer of any breach of this Agreement by the other in a particular instance will not operate as a waiver of subsequent breaches of a same or different kind.

14.9. Amendment. This Agreement may be amended by GTT providing at least three (3) days’ written notice to the Customer.

14.10. Binding Effect. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect, and such provision will be deemed to be amended to the minimum extent necessary to render it enforceable.

14.11. Survival. Termination of this Agreement shall not affect either Party's accrued rights or obligations under this Agreement as they exist at the time of termination, or any rights or obligations that either expressly or by implication continues after this Agreement has ended.

14.12. No Third-Party Beneficiary. This Agreement is not intended to be for the benefit of any third party, is not enforceable by any third party, and will not confer on any third party any remedy, claim, right of action or other right.

14.13. Mutual Intent. The language used in this Agreement is deemed the language chosen by the Parties to express their mutual intent. No rule of strict construction shall be applied against either Party.

14.14. Remedies. Except as may otherwise be provided herein, the assertion by a Party of any right or the obtaining of any remedy hereunder shall not preclude such Party from asserting or obtaining any other right or remedy, at law or in equity, hereunder.

14.15. Entire Agreement. This Agreement, Schedules, and other attachments incorporated herein represent the entire agreement between the Parties with respect to the subject matter hereof and supersedes and merge all prior agreements, promises, understandings, statements, representations, warranties, indemnities, and inducements to the making of this Agreement relied upon by either Party, whether written or not. No change, modification, or waiver of any of the terms of this Agreement will be binding unless included in a written agreement and signed by an authorized representative of GTT and the Customer.

14.16.  Counterparts; Electronic Signature. This Agreement will be deemed signed by the Customer when the Customer accepts the terms and conditions during the application process for the Service and signed by GTT when such completed application is accepted by GTT subsequently.


Terms & Conditions of GTT FIBRE Services

Please note that by completing this signup process and subscribing for the services being offered by GTT Inc. and by accessing and/or by using GTT service(s) in any way, the Customer, as defined herein, hereby signifies their acceptance of the terms and conditions of use hereunder, which the Customer understands will form a binding agreement between the Customer and GTT. The Customer is hereby deemed to have read the below terms and conditions and to have irrevocably accepted same.

 

GTT reserves the right to not accept or proceed with a customer’s application without the need for prior notice and/or explanation.

 

1.       INTRODUCTION

1.1.             These terms and conditions (‘the Agreement’) outline the provisions that govern the use of the services and equipment provided by GTT to the Customer.

1.2.             “Customer’s premises” means the location indicated by the Customer and approved by GTT for the provision of the Service by GTT, whether the Customer owns the said premises.

1.3.             “User(s),” or “Customer” means customers or anyone else who requests, uses, or accesses GTT’s services.

1.4.             “Service” or “Services” refer to fiber internet access package elected by the Customer in the application.

1.5.             GTT may amend, modify, or substitute this Agreement at any time without prior written notice to the Customer. The Customer’s continued use of any GTT service after such amendment, modification or substitution constitutes the Customer’s acceptance of any added terms and conditions. GTT recommends that the Customer visits GTT’s website regularly to check for any updates or amendments to this Agreement and GTT shall not be responsible for the Customer’s failure to do so.

1.6.             GTT 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, or terminated at GTT’s sole discretion.

1.7.             GTT shall provide the Services to the Customer as requested in the application form hereof and as outlined in this Agreement.

1.8.             As a condition of the use of the service, the Customer warrants that the Customer will use the service in accordance with GTT’s Acceptable Use Policy, included on GTT’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 GTT’s sole discretion and without any need for notice to the Customer.

1.9.             The Service, Equipment (as defined hereunder) and all information, documents and materials owned by GTT and/or on GTT’s website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All GTT’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will always remain the exclusive property of GTT. Nothing in this Agreement grants the Customer the right or licence to use any GTT marks.

1.10.         The privacy policy included on GTT’s website and incorporated herein by this reference to form part of this Agreement applies to all Customers and the Customer hereby represents and warrants that the Customer will abide by same.

 

2.       DELIVERY DATE AND TERM

2.1.             This Agreement shall become effective as from the date on which GTT activates the requested service at the Customer’s location (‘the delivery date’).

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’).

 

3.       CHARGES

3.1.             The installation and subscription charges payable by the Customer to GTT are set out in the application form as well as included in the invoices delivered by GTT to the Customer monthly.

3.2.             The Customer acknowledges, understands, and agrees that the Customer shall be responsible for paying the costs associated with the monthly rental of any Equipment, when indicated by GTT, at its sole discretion thereof.

3.3.             The Customer acknowledges and agrees that GTT may review their charges from time to time, in its sole discretion thereof, subject to GTT giving the Customer at least one (1) month’s prior written notice.

3.4.             A non-refundable installation fee, as set and determined by GTT, in its sole discretion, is payable by the Customer to GTT for new service activation. This fee, the Customer agrees, can be changed by GTT at its sole discretion and without any need for prior notice by GTT to the Customer.

3.5.             A non-refundable relocation fee, as set and determined by GTT, in its sole discretion thereof, is payable by the Customer to GTT for any relocation of existing service from the Customer’s premises to a new premise where GTT already has service. This fee, the Customer agrees, can be changed by GTT at its sole discretion and without any need for prior notice by GTT to the Customer.

3.6.             GTT will have to work both internally and externally at the Customer’s premises to have the service installed. As such, the Customer hereby grants GTT access to the Customer’s premises for the purpose of installation at the time and date mutually agreed upon by the parties. Based on the foregoing, the Customer agrees, at his/her sole cost and expense and in advance of installation to:

(i)       Obtain all necessary consents including, if necessary, property owner, occupier, and other buildings’ consents for both access and installation of GTT’s equipment and for on-going maintenance of such equipment; and

(ii)     Provide full, free, and safe access to the Customer’s premises, and a suitable environment for the equipment including all necessary cable ducts and electricity supply;

(iii)    Configure the Customer’s equipment or network as a part of the installation. It is hereby understood by the parties that GTT will only install the equipment and demonstrate a working system on such equipment. A standard installation by GTT includes the provision of one network connection.

 

 

444.       PROVISION OF SERVICES AND EQUIPMENT.  

4.1..           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 Customer and provided by GTT under this Agreement. However, the Customer agrees that the Customer shall be responsible for the cost of repairs of such lines, equipment and apparatus as occasioned by the misuse or negligence of the Customer, his servants, visitors and/or agents.

4.2.             GTT shall retain ownership of all lines, equipment and apparatus provided to the Customer including telephone numbers and exchange codes and upon the termination and/or expiration of this Agreement, the Customer shall make same available to GTT for retrieval.

 

5.      QUALITY OF SERVICES

5.1.             GTT has the right to change or disconnect the Services provided by GTT to the Customer where GTT 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 GTT.

5.2.             The Customer understands that the speed of the Services provided by GTT to the Customer shall be up to the wired port and as such, GTT will not be responsible for Wi-Fi connections.

5.3.             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 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 will be communicated to the Customer by GTT 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, network maintenance may be performed by GTT’s providers and adequate time will not always be provided for GTT to notify the Customer and the Customer hereby agrees to this.

5.4.             Where GTT 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 GTT’s products (unless they are specifically noted by GTT as uncontended or dedicated bandwidth) have systems in place to ensure that at times of peak network activity users who consume more network resource than the majority may have their connection throttled or slowed down. This is common to all broadband services both terrestrial and those operating via FTTH. Also at peak times, certain types of resource heavy traffic assigned a lower priority on the network.

5.5.             Credit allowance for interruptions of service which are not due to the GTT’s testing or adjusting, or not as a result of the negligence or willful misconduct of the Customer and/or its representatives, independent contractors, or visitors, or to the failure of channels, equipment and/or communications systems provided by the Customer, are subject to the general liability provisions set forth herein. It shall be the obligation of the Customer to notify GTT, in writing and within two (2) days of any interruption in service. Before giving such notice, the Customer shall ascertain that the fault is not being caused by any action and/or omission of the Customer, nor within his/her control, or is not in the wiring or equipment (which were not provided by

(GTT) connected to the terminal of GTT.

5.6.             The Customer shall be solely responsible for all Wi-Fi connections as well security (passwords) for the Equipment. As such, GTT shall have no responsibility and/or liability in this regard.

 

6.       AVAILABILITY OF AND CHANGES TO SERVICE

6.1.             The Customer understands and agrees that the Service selected by the Customer may not be available in all areas or at the rates, speeds, or bandwidth marketed by GTT, and some locations may not qualify for the Service even if initial testing by GTT showed that the Customer’s line was qualified. GTT will provision qualified lines at the maximum line rate available to the Customer’s location based on its standard line qualification procedures unless the customer has selected a level of service with a lower maximum line rate. The Customer understands and agrees that the Bandwidth will be provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to GTT’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, customer computer or devices configuration, customer use video on demand (VOD) or real time entertainment services, the wiring distribution inside of customer location, among other factors.

 

7.       PROMOTIONAL OFFERS

7.1.             GTT may, at its sole discretion, offer promotional pricing 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 the offers.

7.2.             These offers are not guaranteed and can be modified, extended, altered, or cancelled by GTT at any time without prior notice to the Customer.

7.3.             Pricing of promotional offers for services is considered as confidential information between GTT 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 GTT.

7.4.             If the Customer is enrolled in a free trial of a GTT service, the Customer must notify the relevant GTT personnel, in writing, that the Customer does not want to continue using the service at least seven (7) days before the trial period expires. Should the Customer fail to provide the written notification to GTT of the Customer’s intention to cancel the use of these Services beyond the trial period, the Customer will be deemed to have subscribed to such Services and may be charged the associated fees for continued usage of such Services.

 

8.       EQUIPMENT

8.1.             In order to provide services, GTT must install in and upon the Customer’s premises certain GTT equipment, including, but not limited to, cabling and related splitters, cable optical network terminal (ONT), advanced ONT, TAP Box (External Component), Fiber tray, pods (inclusive of Super Pod and Power Pod) and converters provided by GTT, and other equipment apparatus provided by GTT (collectively referred to as ‘the Equipment’). It is hereby understood by the Customer that the Equipment may vary from time to time, as determined by GTT, at its sole

 discretion thereof. The Equipment shall exclude pre-existing conduit, cable and wiring and other equipment owned or purchased by the Customer.

8.2.             As optional and at the Customer’s sole expense and cost, the Customer may purchase a battery backup unit from GTT that can be connected to the Equipment once approved by GTT, in its sole discretion thereof. It is further understood and agreed by the Customer that there is no requirement and/or obligation for GTT to sell such battery backup unit and this will be sold at GTT’s sole discretion. Notwithstanding the foregoing and anything contained herein to the contrary, it is hereby understood by the Customer that GTT, at its sole option, could continue and/or discontinue the sale of the battery backup unit at any time without any prior notice to the Customer. This means that GTT has no obligation during the pendency of this Agreement to make available for sale the battery backup unit.

8.3.             The Customer represents and warrants that the Equipment shall be used only for the Services contemplated herein.

8.4.             GTT shall retain ownership of the Equipment including telephone numbers and exchange codes and upon the termination and/or expiration of this Agreement, the Customer shall immediately make same available to GTT for retrieval. Further, the Customer shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to the Customer’s premises or otherwise.

8.5.             The Customer commits, agrees and understand that his/her subscription is for in-house use purposes only as well as only for the location requested and approved by GTT. Therefore, the Customer agrees not to connect, commercially use, resell for any third party, sublease, connect to the local or international networks not approved by GTT in writing or distribute the Service to any housing or accommodation or commercial or non-commercial offices, residential compounds, multiple flats, or houses.

8.6.             GTT will not be held accountable to compensate the Customer for any defects and/or errors not caused by GTT and/or beyond the reasonable control of GTT, as determined by GTT in its sole discretion thereof, including without limitation official authorities and governmental agencies.

8.7.             GTT will use reasonable efforts to complete any Equipment installation work as necessary to activate the service ("Activation") at the Customer’s premises, as applicable. GTT SHALL HAVE NO LIABILITY FOR ITS DELAY IN THE ACTIVATION OF A SERVICE.

8.8.             The Customer agrees to reimburse GTT for any loss, theft, damage and/or destruction to GTT facilities or Equipment resulting from any cause whatsoever, save and except where such loss, theft, damage and/or destruction is due to GTT’s gross negligence and/or willful misconduct.

8.9.             The Customer will not open, alter, misuse, tamper with or remove the Equipment as and where installed by GTT, and will not remove any markings or labels from the Equipment indicating GTT’s (or its suppliers) ownership or serial or identity numbers. Upon termination of a service or services, for whatever reason, the Customer acknowledges that the Customer’s right to possess and use the GTT Equipment shall likewise terminate. In such event, the Equipment shall be returned to GTT in the same condition as when received, ordinary wear and tear excepted.

8.10.         The Customer hereby understands and agrees that the Customer will be billed by GTT for any charges relating to loss, damages, theft and/or destruction of the Equipment, exceeding ordinary wear and tear as solely determined by GTT.

 

8.11.         Following GTT’s termination of the services to the Customer’s premises, GTT retains the right in its discretion to remove or disable any inside wiring installed and owned by GTT. The Customer agrees to safeguard the GTT Equipment from loss, theft, damage and/or destruction of any kind, and (except for any self- installation procedures approved by GTT) will not permit anyone other than an authorized representative of GTT to perform any work or repairs on the Equipment.

8.12.         The Customer is responsible for damage to, theft, loss and destruction of the Equipment caused by its acts or omissions, and its noncompliance with this section, or by fire, theft or other casualty at the Customer’s premises unless caused by the gross negligence or willful misconduct of GTT.

8.13.         The Customer agrees not to take any action that would directly or indirectly impair GTT’s title to the GTT equipment, or expose GTT to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties. Following GTT’s termination of the services to the Customer’s premises, GTT retains the right to remove the Equipment including, but not limited to, that portion of Equipment located outside of the Customer’s premises.

8.14.         The Customer grants GTT the right to install, inspect, replace, repair, relocate, alter, operate, remove, and maintain the Equipment in, under and upon the Customer’s premises for the duration of the term of this Agreement.

8.15.         The Customer, at no cost to GTT, shall secure and maintain all necessary rights of access to the service location(s) for GTT to install and provide the Services. The Customer further agrees:

(i)       to provide GTT’s representative with access at reasonable times to the premises to install, inspect, replace, repair, relocate, alter, operate, remove and maintain the Equipment supplied by GTT and, upon the termination of the service, to allow GTT to remove the Equipment from the Customer’s premises (it being clearly understood by the Customer that GTT’s failure to remove its property shall not be deemed an abandonment thereof). If the Customer is not the owner of the premises, upon request, the Customer will supply GTT with the owner’s name and address and written consent or other evidence that the Customer is authorized to grant access to the premises on the owner’s behalf or GTT may request permission from the owner to install the Services on the premises. The Customer hereby indemnifies and holds GTT harmless against any liability if access or right of entry to the premises is denied or limited for any reason;

(ii)     not to permit, allow or encourage any other provider of Internet or telecommunications services to utilize any component part or portion of the Equipment and/or service installed by GTT;

(iii)    not to disturb, alter and/or change any of the locations of any of GTT’s systems or Equipment without GTT’s prior written consent. If the Customer disturbs, alters and/or changes GTT’s systems or Equipment without GTT’s prior written consent then the Customer shall be solely responsible for any loss, damages and/or disruption that may result from disturbing, altering and/or changing same;

(iv)    not to attach or connect any equipment or devices, directly or indirectly, to the Equipment without the prior written consent of GTT;

(v)     not to utilize, interfere with or cause interference with any component part or portion of the Equipment installed by GTT or permit any activity that would interfere with GTT’s

 delivery of services to the service locations;

(vi)    to cooperate with GTT in the installation of the Equipment;

(vii)  to provide sufficient space as detailed by GTT within the premises for installation of system equipment and components;

(viii) that the installation may require drilling, cutting and other alterations to improvements on the premises (including walls, flooring and/or other surfaces) and that GTT assumes no obligation to restore or repair any such alterations or damages adjacent to such alterations (except to the extent such damages are attributable to the sole gross negligence of GTT);

(ix)    to allow GTT, in its sole discretion, to use for the provision of GTT services any existing wiring, conduit and/or other devices located within or installed upon the premises; and

(x)     to confer upon GTT all other rights and privileges necessary or convenient for GTT’s safe and efficient installation, operation and/or maintenance of the Equipment and for the full enjoyment and use of the rights described above. The Customer agrees to indemnify and hold GTT harmless from all claims or damages, including payment of any attorney’s fees and other legal costs, arising out of the Customer’s breach of this section.

(xi)    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 Customer’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 GTT 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 by GTT.

8.16.         The Customer shall be solely responsible for all loss, damage and/or destruction that occurs to the Equipment furnished by GTT that occurs due to the negligence, willful misconduct and/or by the acts or omissions of the Customer, fair wear and tear excepted.

8.17.         Inappropriate use or abuse of the Services and/or the Equipment, as determined in the sole discretion of GTT, may result in account disconnection, termination and/or legal action.

8.18.         The Customer shall notify GTT immediately, if any Equipment is stolen or if the Customer becomes aware at any time that the Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. Failure to do so in a timely manner may result in the termination of the Service and additional charges.

8.19.         Notwithstanding the foregoing and subject to Clause 8.21 below, effective July 4, 2019, Customers will have to purchase the battery backup unit from GTT and/or use an uninterrupted power supply (UPS) unit, at the Customer’s sole cost and expense This means that GTT will not be giving such battery backup units free. All title to, interest and liability of the said backup battery will transfer to the Customer upon the purchase of the backup battery unit by the Customer and therefore, the Customer shall be responsible for any loss, theft, damage to and/or destruction of the backup battery. All other Equipment will be the sole property of GTT for the pendency of this Agreement.

8.20.         Further to Clause 8.19 and subject to Clause 8.21, Customers understand that all battery backup units received by the Customers from GTT prior to July 4, 2019, shall remain the property of

 GTT. Notwithstanding the foregoing, the Customer understands and agrees that GTT, in no instance, will be required to repair and/or replace such battery backup units once the battery backup units have been lost, stolen, damaged and/or destroyed, howsoever caused, as determined solely by GTT and that in such instances, the Customer will be required to purchase a new battery backup unit, if the Customer so chooses.

8.21.         If a Customer opts for the backup battery unit, the Customer shall be entitled to the benefit of the manufacturer’s warranty, which shall pass on to the Customer , on the said backup battery unit purchased, which commences from the date of receipt of the Equipment, as verified by GTT at its sole discretion thereof. The Customer understands and agrees that the reliance and/or execution of the warranty will be managed solely by GTT’s supplier, to the exclusion of GTT. As such, the Customer understands and agrees that GTT will have no liability or responsibility to the Customer after the delivery of the backup battery unit. This warranty shall be limited to defects in material or workmanship. Further, the Customer agrees and understands that this warranty is conditioned upon:

(i)       the proper use and maintenance of the backup battery unit by the Customer; and (iii) GTT of its supplier being provided every opportunity to inspect and remedy the defect, at its sole discretion thereof.

 

8.22.         Additionally, GTT shall not be liable if the defects and/or faults are the result of:

(i)       improper storage or usage of the backup battery unit;

(ii)     the mismanagement of the backup battery unit by the Customer;

(iii)    operation and/or application of the backup battery unit in material violation of the operating manual or the appropriate instructions furnished by GTT;

(iv)    subjecting the backup battery unit to conditions contrary to those stated in this Agreement or as instructed by GTT or its supplier, including without limitation unusual or uninstructed physical, environmental, or electrical stress;

(v)     any force majeure event;

(vi)    reinstallation or moving of the backup battery unit by a person other than an authorized employee and/or agent of GTT of its supplier; and

(vii)  modification, alterations repair, and/or improper wiring of the backup battery unit by anyone outside of GTT or its supplier.

 

8.23.         To benefit from the backup battery unit, the Customer understands and agrees that the Customer must be an active GTT Fibre residential customer or a new GTT Fibre residential customer.

8.24.         The Customer understands and agrees that the Customer’s use of the back-up battery unit is at the Customer’s sole responsibility and risk. The Customer understands and agrees that the backup battery is provided to the Customer on an "as is" and "as available" basis. GTT expressly denies all representations, warranties, or conditions of any kind with respect to the back-up battery unit, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

 

8.25.         GTT disclaims any warranty that the back-up battery unit will meet the Customer’s

 requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the back-up battery unit is free of viruses or other harmful components. GTT makes no guarantee regarding the compatibility of any software, hardware, or content with the device.

8.26.           The Customer is solely responsible for ensuring that any device or equipment that the Customer plugs into or transmits using the back-up battery unit is compatible with the backup battery unit.

 

9.       CONFIDENTIAL INFORMATION

9.1.             “Confidential Information” means all information regarding either party’s business which has been marked or is otherwise communicated as being “proprietary” or “confidential.” or which 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.

 

9.2.             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.

9.3.             Notwithstanding the foregoing, the Customer agrees that: (i) GTT may make references to the fact that the Customer is a Customer of GTT and the general nature of Services that the Customer purchases from GTT; and (ii) GTT 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.


 

 

10.   PERMITTED DISCLOSURE


10.1.         The Customer expressly grants GTT permission to disclose personally identifiable information relating to Customer or Customer's Account in response to a:

(i)       government subpoena or warrant issued in a civil or criminal investigation or litigation;

(ii)     civil investigative demand issued by a government entity; or

(iii)    court order.

10.2. The Customer further agrees that GTT 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.

 

10.3. GTT 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 GTT by this Agreement.

 

 

11.   INDEMNIFICATION

11.1.         The Customer agrees to defend, indemnify and hold harmless GTT, its parent companies, associate companies, directors, employees, independent contractors and/or agents (‘GTT’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, the equipment or software by the Customer (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, GTT Equipment or software; (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.

11.2.         GTT reserves the right to disconnect or terminate the service, and/or remove content from the service, if GTT 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 GTT’s ability to provide the service, or violates any laws or regulations. GTT’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 GTT’s entities harmless from and against all liability arising from the content transmitted by the Customer (or anyone using the Customer’s account) by use of the services.

11.3.         Further, the Customer 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:

(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, 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 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 GTT, 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 the other party; and/or

(v)     Claims for infringement of any intellectual property rights arising from the use of the service, the software, the equipment, or the Internet.

11.4.         The Customer is responsible for all information received, transmitted, and/or stored by the Customer and the Customer hereby releases GTT from and agrees to indemnify GTT, its officers, directors, agents, and employees against all claims, losses or expenses relating to such information, materials, and language. This Clause shall survive the termination and/or expiration of this Agreement.

 

12.   WARRANTIES

12.1.         The Customer 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 laws or regulations of Guyana or any other authority;

(ii)     that the service will not be used in any manner to access GTT’s Equipment for any purpose other than obtaining the service in accordance with the terms and conditions of this Agreement;

(iii)    that the Customer subscribing to the Service is at least eighteen (18) years of age;

(iv)    GTT 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;

(v)     should GTT in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the service, interferes with the Customer’s computer network or equipment;

(vi)    if the Customer otherwise commits a breach of any term of this Agreement; or

(vii)  if the Customer (or any third party, with or without the Customer’s knowledge) uses the Customer ’s services in a way which GTT thinks may damage or negatively impact the operation of our network, the services, other users of the service or a third party’s network.

12.2.         No disconnection or termination of the Service will terminate or relieve the Customer’s obligation to pay all outstanding charges, fees, or other amounts due and owing to GTT which accrued prior to disconnection or termination, which amounts shall become immediately due and payable upon disconnection or termination. If action is required to recover outstanding amounts, the Customer shall be liable for all costs of collection, including legal fees and expenses.

12.3.         Should the service be disconnected or terminated for any reason and should GTT 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 and all other amounts pursuant to Clause 12 of this Agreement.

 GTT may choose not to reinstate the service unless satisfied that there will be no repetition of the circumstances giving rise to the disconnection.

12.4.         GTT does not credit partial service periods or monthly fees. If the Customer cancels its service before the start of the next service period, GTT is not obligated to refund any prorated amounts of the Customer’s monthly fee and any fees paid are non-refundable.

12.5.         The Customer understands and agrees that the Services provided by GTT is provided on an "as is" or "as available" basis, with all faults except as otherwise specifically set forth in this Agreement.

12.6.         GTT (and its officers, employees, parent, subsidiaries, and affiliates), its third party licensors, providers and suppliers disclaim any and all warranties for the service, software and equipment 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, compatibility of computer systems, 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 GTT, or its representatives shall create a warranty and that the use of GTT’s technical support is at the Customer’s` own risk and is not warranted.

12.7.         GTT does not warrant or guarantee that the Service can be provisioned to the Customer’s premises or that provisioning will occur according to a specified schedule, even if GTT has accepted the Customer’s order for Service. Further, GTT does not warrant or guarantee that GTT will accept the Customer’s application and the Customer understands that there is no obligation for GTT to accept it.

12.8.         If the Customer’s Service is not provisioned for any reason, neither the Customer nor GTT shall have any duties or obligations under this Agreement (other than the Customer’s obligation to return any Equipment provided by GTT, if any, pursuant to the terms of these terms and conditions of this Agreement.

12.9.         GTT does not warrant that the service, software, or equipment provided by GTT will perform at a particular speed, bandwidth, or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. GTT 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.

12.10.      GTT makes no warranty regarding any transactions executed using the service, the software, the equipment, or the internet. Further, GTT makes no warranty regarding the content and information accessed by using the service, the software, the equipment, or any links displayed. The Customer expressly assumes all risks and responsibilities for use of the service, the software, the equipment, and the internet. The Customer agrees not to use the service, the software, or the equipment in any high-risk activities where damage, loss, theft and/or injury to person, property, environment, or business may result if an error occurs.

12.11.      In no event shall GTT (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, the software or the Equipment, 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 GTT been advised of the possibility of such claim and/or damages, or (b) any claims against the Customer any other party.

12.12.      All limitations and disclaimers stated in this section also apply to GTT’s third-party licensors, providers, and suppliers as third-party beneficiaries of this Agreement.

12.13.      Any rights or limits stated herein are the maximum for which GTT (and its officers, employees, parent, subsidiaries, and affiliates), GTT’s third-party licensors, providers and suppliers are collectively responsible.

12.14.      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.

 

13.   TERMINATION

13.1.         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 GTT, and subject to payment to GTT of all outstanding amounts due for the Services, any and all applicable termination charges as described herein and the return of any and all GTT’s equipment.

13.2.         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.

13.3.         Notwithstanding the foregoing, a customer’s agreement may also be terminated by GTT 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 GTT’s acceptable use or other policies;

(iii)    in accordance with any applicable tariff on file with applicable regulatory authorities;

(iv)    if GTT determines in its sole discretion that the termination of Services is necessary to protect itself, its Customers or the public against acts of fraud and other unlawful activities.

(v)     GTT may also terminate a Customer’s agreement immediately without incurring any liability whatsoever if:

a.                   any national or international law makes it unlawful for GTT to provide a service to Customer, or

b.                   GTT is unable to secure or maintain the necessary facilities or utilities required to provide a service to Customer.

13.4.         Notwithstanding anything in the Agreement to the contrary, the Customer’s termination of this Agreement before the end of the Term without cause (including termination for convenience) will require that the Customer pay to GTT an early termination fee of twenty-two thousand Dollars ($22,000.00). The Customer understands and agrees that this termination fee can be changed at any time by GTT without any notice to Customers and is not a penalty.

 

13.5.         If the Customer fails to pay for the Services at the stipulated time, GTT 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 GTT including the following charges which the Customer understands and agrees will be applied by GTT to the Customer:

(i)       The Customer shall pay all the sums due and owing to GTT at the time of disconnection of the services by GTT (including the prorated sums for the use of the services during the month of disconnection);

(ii)     The Customer shall pay the monthly equipment rental charge to GTT for the period in which the Services have been disconnected i.e., for every month the service remains disconnected; and

(iii)    Subject to Clause 13.5(i), the Customer shall pay the pro-rata sum of the monthly recurring charge of the month in which the Service is reconnected by GTT.

13.6.         Pursuant to Clause 13.5, if the Customer’s service remains disconnected for a period of ninety

(90) days from the initial date of disconnection, then GTT, in its sole discretion, will have the option of terminating the Customer’s service permanently. At this time, the Customer shall be under the obligation to pay GTT all outstanding charges pursuant to Clause 13.5.

13.7.         Upon termination of the service, GTT shall be given unlimited access by the Customer to the Customer’s premises to remove the Equipment. If GTT is unable to remove the Equipment from the Customer’s premises within five (5) days as a result of the Customer’s acts, omissions or refusal to permit GTT access to the Customer’s premises, then the Customer will be charged a penalty of Thirty-One Thousand Dollars ($31,000.00) IN ADDITION TO THE MARKET VALUE SUMS (AS SOLELY DETERMINED BY GTT) OF EACH AND EVERY SUPERPOD AND/OR POWERPOD IN THE CUSTOMER’S POSSESSION. This penalty will not replace GTT’s power to remove the Equipment, termination charges as well as charges pursuant to Clause 13.5, and is subject to change by GTT without any prior notice to the Customer.

13.8.         Upon the expiration or termination of this Agreement for any reason:

(i)       GTT may delete all applicable data, files, electronic messages, voicemail, or other information stored on GTT’s servers or systems;

(ii)     The Customer shall permit GTT access to retrieve from the applicable service locations any and all GTT’s Equipment (however, if the Customer fails to permit access, or if the retrieved GTT’s Equipment has been damaged and/or destroyed other than by GTT or its agents, normal wear and tear excepted, GTT may invoice Customer for the full replacement cost of the relevant GTT Equipment, or in the event of minor damage to the retrieved GTT equipment, the cost of repair, which amounts shall be immediately due and payable); and

(iii)    if used in conjunction with the terminated service, Customer’s right to use applicable software shall automatically terminate, and Customer shall be obligated to return the software to GTT.

 

13.9.         If the Service is terminated by GTT, the Customer will remain fully liable and responsible to pay any fees that are still owed to GTT by the Customer pursuant to this Clause and this Agreement as well as all costs GTT incurs to collect such amounts including without limitation collection costs and fees.

 

 

14.   MOVING AND RECONNECTION

14.1.         If the Customer moves during the term of this Agreement and would like to relocate the Service, the Customer must place a relocation request with GTT. This request must contain the requested date of Service termination, plus the address and phone number of the new location and the requested transfer of Service Date. The Customer shall continue to pay the monthly charges and comply with all the conditions contained herein until GTT has approved the relocation.

14.2.         Pursuant to Clause 14.1, if GTT is unable to provide the Service to the Customer’s new location, the Customer will be able to terminate this Agreement subject to Clauses 13.4 and 13.5.

 

15.   ASSIGNMENT. The Parties, their heirs and assigns hereby agree to abide by terms and conditions of this 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 GTT and filed with Public Utilities Commission.

 

16.   APPLICABLE LAWS. The parties agree that this Agreement shall always be subject to the terms of the licenses granted to GTT by the Ministry of Works and Communications pursuant to the Telecommunication Act and by the Public Utilities Commission Act.

 

17.   ENFORCEABILITY OF PROVISIONS. If 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. GTT 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.

 

18.   AMENDMENTS AND MODIFICATIONS. GTT 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 GTT’s website and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Customers 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 Customer accepts and agrees to the revisions and to abide by to the revisions and to abide by them.

 

19.   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.

 

20.   RELATIONSHIP – The Customer’s relationship with GTT is that of an independent contractor. The Customer is not an agent of GTT, and the Customer has no authority to obligate GTT by contract or otherwise.

 

21.   The Customer represents and warrants to GTT 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.

 

22.   By using and accepting the Service from GTT, the Customer acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all 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 about the subject matter.

 

23.   By providing GTT with the Customer’s telephone number, cell phone number(s) or email address, the Customer gives consent for GTT, 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.