General Terms and Conditions for the supply of services
In this Contract, the following definitions apply:
C3 (We, Us, or Our) means Infinity Broadband Ltd, trading as C3, and licensed by the Information Communication Technology Authority.
Card means the debit card or credit card that you provide to us in connection with the provision of Services.
Charges means the charges, fees and other amounts payable by you to us as set forth in this Contract.
Commencement Date means the date the Service is available for use by you.
Conditions means the terms and conditions included in this Contract, as may be amended from time to time in accordance with clause 15.
Contract means this Contract between you and us, in respect of the supply of Services in accordance with these Conditions.
Customer (or you or your) means the individual using Services provided by us.
Equipment means any hardware supplied by us for use in connection with the Services.
Service (or Services) means broadband, television, telephone, or any other service that you specify in the New Customer Application Form, which is provided by, or to be provided by us, and any other services actually provided by us. Service also includes the particular terms of services set forth in Schedule 1 to these Conditions (and Schedule 1 is incorporated into this Contract by reference).
2. The Service; Acceptance by Customer; Deposit
We agree to provide the Service to you in accordance with the terms and conditions set out in this Contract. We reserve the right to require security deposits prior to activation of the Service, if in our sole discretion, it is deemed appropriate. We also reserve the right to request a security deposit at any time after the activation of any Service if you subscribe for, or have access to, Services which are not wholly paid for in advance.
3. Term of this Contract
This Contract shall commence from the earlier of (i) the date that you sign the New Customer Order Form and (ii) the Commencement Date and shall continue in full force and effect until terminated in accordance with Clause 10 or any other applicable section of this Contract.
4. Installation of Equipment
As part of the Contract you hereby authorise us, or our authorised contractors, to install the Equipment necessary for the use of the Service and to use any existing equipment in any manner necessary to install the relevant Service at the installation address as indicated on the New Customer Order Form. You grant us the right to enter the premises at reasonable hours at any time during this Contract to install, connect, disconnect, reconnect, inspect or alter the Service facilities. If you are not the owner of such premises, you agree to defend, indemnify and hold us harmless from any and all claims of the owner or any third party arising out of the performance of this Contract.
5. Fees and Charges; Changes
5.1 You agree to pay, by the due date stated on our invoice to you (Payment Due Date), the following:
(a) A monthly fee payable in advance, in accordance with our published rates for the Service selected at sign up (or Services subsequently selected);
(b) Telephone charges, activation fees, installation fees, reconnection fees, equipment charges and other recurring and non-recurring charges associated with the Service you have selected.
(c) Any additional charges and/or fees applied to your account, including late payment charges, charges due to insufficient funds, returned cheque fees, and charges for pay-per-view content.
(d) A downgrade fee may apply if you make changes to your Service
(e) If you purchased Services as part of a bundled offering with one or more products and are receiving a discount based upon that bundled offering, your discount may cease and you may be invoiced the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle.
6. Invoicing and Payments
6.1 Non-recurring charges such as set up, activation and installation fees, and equipment charges, may be included in your first invoice.
6.2 Your first invoice for Service may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly invoicing cycle.
6.3 Monthly Service recurring charges will be invoiced one month in advance; any usage charges will be invoiced in arrears.
6.4 Upon termination you will be charged for the pro-rated number of days for which you had the Service in the invoicing cycle and, if applicable, you will receive a credit for any balance of payments for Services invoiced in advance.
6.5 Monthly invoices shall be sent to you at the address designated by you to us. It is your responsibility to keep us up to date with your most current contact information. This requirement is to ensure the correct presentation of monthly invoices and continuation of Service. Your failure to receive invoices (even if as a result of an error or omission on our part) does not constitute a valid reason for non-payment of invoices.
6.6 If you enrol in our electronic invoicing system, you will no longer receive a paper invoice. Instead each month you will receive an email, or other electronic communication, notifying you that your invoice is available online for viewing. You agree to notify us immediately of any changes in your email address.
6.7 Invoicing for the Services shall commence upon the Commencement Date. All payments for Charges should be in cleared funds and received by the payment due date. You shall be responsible for all Charges incurred on and invoiced to your account with us, whether with or without your knowledge and consent, therefore you are advised to take all such steps necessary to safeguard access to the Service to prevent unauthorised or fraudulent use.
6.8 Should you dispute any amount set forth in the invoice, you shall be required to send written notice to us within 30 days of the date of the invoice, otherwise, the invoice will be deemed accepted by you as correct. We will investigate the matter and notify you of our findings, which findings shall be conclusive. Should you wish to dispute the invoice after 30 days, we may charge a reasonable fee for carrying out such an investigation. If, following such an investigation, we find that your invoice was in fact incorrect, that fee will be returned to you. Customers accept all Charges not properly disputed within the stated time frame and are expected to pay all undisputed Charges in accordance with this Contract. Customers will also be responsible for all debt collection, legal and other charges incurred by us in attempting to recover all overdue amounts.
6.9 In the event that your account is ten days or more overdue, we reserve the right to deactivate the account. We reserve the right, following disconnection, to require you to deliver the Equipment to us or to make it available for our collection.
6.10 We reserve the right to revise our published rates of Charges applicable to the Service from time to time. Notice of any change may be sent by email, fax or mail and shall be deemed sufficient if printed on or separately included with your monthly invoice. Your continued use of the Service shall constitute your acceptance of any such changes.
7. Ownership of C3 Equipment and Reasonable Access
7.1 You agree that any C3 equipment installed or provided at the premises, including but not limited to the Equipment, unless otherwise stated, shall remain our property and must be returned to us in good condition at the time of termination of this Contract. Risk of loss or damage to the Equipment, however caused, shall pass to you upon delivery of the Equipment and shall remain with you until the Equipment is returned to us in good working order on termination this Contract. You will take reasonable care with the Equipment and may not sell, lease, mortgage, transfer, assign or encumber the Equipment. You agree not to relocate the Equipment without our prior written consent. You agree to promptly pay us the replacement cost of any lost, stolen, unreturned or damaged Equipment.
7.2 You authorise us and our authorised representatives to enter or have access to the premises as necessary upon reasonable notice and at all reasonable times, to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorise us and our authorised representatives to enter or have access to your premises to disconnect the Services, as applicable. If the Equipment is lost or damaged, you will be held responsible for repairs and/or replacement of the Equipment.
7.3 If you are not the owner of such premises, you agree to defend, indemnify and hold us harmless from any and all claims of the owner or any third party arising out of the performance of this Contract.
8. Service Upgrading
In order to provide future improvements and/or upgrade the Service, we reserve the right to effect such changes as are necessary, and which may temporarily impact on the availability of some or all of the Services. We will endeavour to keep such interruptions to a minimum.
9. Customer Warranties and Representations
9.1 You hereby represent and warrant to us as follows:
(a) 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 the Cayman Islands or any other jurisdiction;
(b) that the Service will not be used in any manner other than for obtaining the Service in accordance with the terms and conditions of this Contract;
(c) that you are at least eighteen years of age; and
(d) the Services will only be used by the lawful occupants of the premises provided as the installation address on the New Customer Order Form, and their lawful guests from time to time.
10. Termination; Suspension of Service
10.1 Without limiting its other rights or remedies, either party may terminate this Contract by giving the other party at least thirty (30) days’ written notice.
10.2 We may, at our absolute discretion and without notice, effectively immediately suspend or terminate the Service and/or Contract:
(a) if you fail to pay any Charge or other amount due to us;
(b) should we determine that activity has occurred which constitutes inappropriate or unlawful use of the Service, or which interferes with our networks or equipment;
(c) if directed by any lawful authority to do so; or
(d) if you otherwise commit a breach of any term of this Contract.
10.3 If you order a Service, then no charges, other than those due up to the time Service is terminated, will apply if:
(a) we terminate the Service and/or Contract due to any reason other than you being in default hereunder;
(b) you terminate the Service due to us being in material default hereunder;
(c) the premises at which the Services are available ceases to be your main residence, and you are moving to a property which falls outside of an area in which the Services can not be provided (including if you are leaving the Cayman Islands)..
10.4 If you order Service subject to a term period and if Service is discontinued prior to the end of that term period, you shall pay an early termination charge equal to fifty percent (50%) of the total monthly charges for the Service, multiplied by the number of months remaining in the term period; provided, however, that no charges, other than those due up to the time Service is terminated.
10.5 Should the Service be suspended or terminated for any reason and should we subsequently agree, in our sole discretion, to reinstate the Service, you 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. We may choose not to restore the Service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension of the Service.
11. Disclaimer of Warranties, Force Majeure and Limitation of Liability
11.1 We provide no warranty express or implied as to the service, the C3 telecommunications network, any related software, hardware or equipment, quality of transmissions, connectivity including without limitation, any warranty of merchantability of fitness for a particular purpose or suitability.
11.2 We do not warrant or guarantee the level of transmission service performance or speed. We shall not be liable for any direct, indirect, consequential or economic loss, loss of business opportunity or loss of data, or for any kind of loss of any kind whatsoever which you may suffer arising under or in connection with this Contract or the performance thereof, whether based on breach of contract, breach of warranty, fraudulent use or intrusion of our services, negligence or any other liability.
11.3 You acknowledge and agree that if C3 is unable to provide the Services as a result of a force majeure event, we will not be in breach of any of our obligations towards you under this Contract and will not be liable to you for any losses. A force majeure event means any event beyond the control of C3 (and includes hurricanes and other severe weather related events).
11.4 Notwithstanding anything else in this Contract, you agree that should we be found liable for any breaches under this Contract, our liability shall be limited to the maximum aggregate of the Charges paid to us by you during the twelve month period immediately preceding the date that the related claim or action first arose.
12. Customer Indemnification
12.1 You agree to indemnify, defend and hold harmless C3 and its shareholders, directors, officers, employees, agents, affiliates and contractors from any and all claims arising in any way from the Service and/or Contract, or your use thereof.
13.1 We may establish policies and rules from time to time (collectively, the Policies) concerning use of the Service, Equipment and materials or services used in connection therewith. Any use of the Services is subject to the Policies, and those Policies form part of this Contract.
13.2 You agree not to use the Services for anything other than your personal use. You may not resell the Services, provide network access or any other part of the Services to any third party. You may not transfer the Services without our prior written consent. You shall use all our products and services, including the Services, in accordance, and in compliance, with all applicable laws, regulations, and rules.
13.3 You agree to use the Services in accordance with the guidelines, instructions and list of acceptable uses provided on our website (www.C3.ky), which may be updated from time to time. Conduct that violates this policy includes, but is not limited to, the activities in the following list, when such violations involve, or use, or are handled by, our network or servers:
(a) use of automatic dialling-announcing devices or automatic dialling devices, which are strictly prohibited, initiating or propagating electronic chain letters, and outbound telemarketing, spam, or mass marketing via e-mail that violates good marketing industry practice as set out in any applicable law, regulation, or recognized industry association guidelines;
(b) use of Services in such a way that would violate our contracts with our service providers;
(c) giving access to an account, through sharing of passwords or otherwise, to any person other than the assigned user or pre-authorised group users for that account;
(d) using the network to gain unauthorised access to any computer system or to purposely install a virus or any other unauthorised program on any computer system;
(e) unauthorised attempts to circumvent data protection schemes or uncover security loopholes, which includes running programs that are designed to identify security loopholes or decrypt intentionally secure data;
(f) knowingly or recklessly performing an act that will interfere with the normal operation of our computers, peripherals, or network;
(g) deliberately wasting or overloading our network or server resources, or those of any other system via C3;
(h) inappropriate or unsolicited mass mailings or talk requests such as multiple mailings to newsgroups, mailing lists or individuals;
(i) inappropriate posting of commercial or inflammatory material to newsgroups not intended or inappropriate for such postings;
(j) forging communications to make them appear to originate from another person; or,
(k) attempting to monitor or tamper with another user’s electronic communications, or reading, copying, changing or deleting another user’s files or software without the express consent of the other user.
14. Monitoring of Electronic Communication
We may monitor email and electronic messages during transmission over our networks for viruses and other impediments to the provision of Service to you. You consent to this interception and monitoring. We have the right to monitor or investigate any content that is transmitted using the Services (other than as proscribed by applicable law) or the Equipment.
We have the right to revise and amend this Contract from time to time on giving you at least 30 days’ notice of the proposed changes. You will be deemed to have notice of any changes to this Contact once the revised terms are posted to www.C3.ky, or otherwise sent to you in electronic form.
16. C3’s policies and procedures to manage traffic on the network
Traffic management is the term used to describe a range of technical practices undertaken to manage traffic across our network. In order to ensure our customers equally experience seamless broadband, C3 reserves the right to identify customers who excessively exceed bandwidth usage which may hinder the level of broadband service to other users. In order to do so, C3 administers packet inspection to identify peer-to-peer (P2P) file sharing traffic which is less time sensitive than other real-time sensitive applications, such as web browsing or video streaming. P2P file sharing applications are less time sensitive enabling them to be slowed when Internet traffic becomes congested without disrupting a customer’s broadband usage. C3 does not examine content during packet inspection however the IP address will be stored for a limited time and C3 will not be privy to the content within communications nor the customers search history or activities. In order to effectively maintain consistency on the C3 network, traffic management will identify and asses traffic data along with the correlating IP address to determine what type of traffic is occurring and categorize the usage patterns. Once the data is sorted this information is not retained.
17. General Provisions
17.1 This Contract contains the entire terms and conditions between you and us and supersedes all prior and collateral agreements, understandings and representations between you and us whether oral or written, as to the subject matter of this Contract.
17.2 No delay or omission of C3 to exercise any right or remedy will impair any such right or remedy or be a waiver of any breach or default, nor will a waiver of any single breach or default, which must be in writing, be a waiver of any other breach or default.
17.3 This Contract shall be governed by and construed in accordance with the laws of the Cayman Islands.
17.4 If any provision of this Contract is found illegal, invalid or unenforceable, it will be modifiable in order to render it legal and enforceable, but will otherwise be considered severed and the other parts will remain in force and effect.
17.5 The parties shall attempt to amicably resolve any disagreement or dispute that may arise between them regarding the interpretation, performance of or failure to perform under this Contract.
17.6 If there is a conflict between the terms and conditions of this Contract and those of your New Customer Order Form, then the terms and conditions of this Contract shall prevail.
17.7 This Contract shall not be assignable by you. However, we shall be entitled to assign this Contract in whole or in part, to anyone, without your consent
Specific Terms of Service