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UTS

United Telecommunication Services (UTS) is your leading telecom provider in the Dutch Caribbean which offers you a one-stop-shop concept for all your communication needs.

Mobile, home phone, internet

You can easily keep in touch with your loved ones or business relations through our high quality service at affordable rates. Whether you communicate by mobile, fixed line or via the internet, using either a prepaid or postpaid service, we have a package that caters to your individual needs.

We offer an array of mobile services on our Chippie network including roaming and Blackberry services. We also offer high speed internet via our DSL service, WiFi service and 3G internet service.
 

Terms & Conditions for UTS PREPAID MOBILE VOICE/SMS/DATA

Article 1: Definitions

"Chippie" is the (U)SIM Card provided by United Telecommunication Services N.V. (“UTS”/”Provider”)."Chippieland" are the territories which are part of 'Chippieland' as then described on the website ofProvider. It is understood that the territories which are part of 'Chippieland' can vary. At all times thecurrent description as described on the website of Provider will be leading.

Article 2: General

Your Chippie has a mobile phone number dedicated thereto and an account related to it which account,when activated by Provider for UTS prepaid mobile services, can be recharged and credited. The balanceon your account can then be used to prepay the elected prepaid mobile service(s). (For the prepaidmobile services UTS provides see

Article 3: Chippie active/in-active/blocked/re-activate/expires

How to keep your Chippie active and prevent that your Chippie expires:(a) Recharge your Chippie and keep a minimum balance of ANG. 0,01 on your Chippie account(b) Recharge your Chippie account each time within sixty (60) calendar days after the last recharge,to avoid for your Chippie to become in-active. If your Chippie became in-active, this means that itis blocked for use of any outgoing services, but incoming services can be received, such asreceive calls and receive messages.If you fail to recharge your Chippie account within one hundred and twenty (120) calendar daysafter the date of your last recharge, your Chippie account will be blocked and you will not be ableto use any outgoing or incoming services. Re-activation of your Chippie account is possible forfree within one hundred and twenty (120) calendar days after the date of your last recharge byrecharging your Chippie. Thereafter, until one hundred and fifty (150) calendar days after the lastdate of recharge of your Chippie account, re-activation is solely possible at any of the UTS storesagainst payment of a reactivation fee.(c) If your Chippie is not recharged within one hundred and fifty (150) calendar days after the lastdate of recharge of your Chippie account, your Chippie will expire. In the event of expiration UTShas the right to re-issue the mobile phone number that was dedicated to the expired Chippie to athird party.

Article 4: Balance on prepaid account

Any and all balance on your pre-paid account will be lost and forfeited, if you fail to recharge your Chippieeach time within one hundred and twenty (120) calendar days after the date of your last recharge.

Article 5: Warranty

UTS warrants it will use its best efforts to provide the service(s) with as little disruption as possible. UTSdoes not warrant that the service(s) acquired are capable of transporting the speed and/or signal orotherwise actually providing the other technical qualities and specifications as requested by you ascustomer or by others, as this is dependent on the technical quality and specifications of UTS’ mobilenetwork connections and equipment.In the event you have purchased a mobile device from UTS (herein after “UTS Device”), the UTS Devicehas a limited warranty, being that UTS warrants that the UTS Device, excluding external battery and(U)SIM cards, will be free from defects in workmanship and materials for a period of three (3) months asof the date of purchase of the UTS Device (the "Warranty Period") unless another term is mandatoryrequired by law, which term will then be applicable. This limited warranty is not transferable.During the Warranty Period, if the UTS Device cannot be repaired, the UTS Device will be replaced,without charge by a new one which will be of same model and type. If repair is possible, which is solelyfor UTS to decide, UTS will temporarily provide for a (used) mobile device until the UTS Device isrepaired and returned. In the event of repair UTS may replace hardware of the UTS device or partsthereof by used hardware/hardware parts. If the UTS Device cannot be repaired and is replaced by a newdevice, which is at the sole discretion of UTS to decide, the Limited Warranty will become applicable forsuch new device and a warranty period of three months will be applicable as of the date you received thenew device from UTS. The Limited Warranty does not apply to normal wear and tear or if any componentof the UTS Device is opened or repaired by someone not authorized by UTS and does not cover repair orreplacement of any UTS Device hardware damaged by: misuse, moisture or liquids, proximity orexposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modificationsmade by anyone other than UTS. This limited warranty does not cover physical damage to the surface ofthe UTS Device hardware, including cracks or scratches on the screen. This limited warranty also doesnot apply if the malfunction results from the use of the UTS Device hardware in conjunction withaccessories, products, services or ancillary or peripheral equipment not expressly approved or providedby UTS specifically for use with the particular model of the UTS Device, and where it is determined byUTS that such malfunction is not the fault of the UTS Device hardware itself. UTS shall not be responsiblefor data that may be damaged or lost at any time, including, without limitation data lost or damaged duringthe servicing of the UTS Device, or through the use of synchronization software. When making a warrantyclaim, customer must present the following to UTS within the Warranty Period: i) the UTS Device forwhich the claim is intended; ii) the original proof of purchase (in the event the UTS Device has beenpurchased at an UTS authorized seller the original proof of purchase must clearly indicate the name andaddress of the UTS authorized seller), the date and place of purchase, the product and the IMEI or otherserial number of the UTS Device. If customer fails to provide this within the Warranty Period, the warrantywill expire.

Article 6: Use

You as customer are responsible for all use made of the services, even if this is without your permission,consent or knowledge. In the event of robbery or loss of the mobile device, Chippie and/or related security codes or (assumption) of use against your will UTS cannot be held responsible nor liable forusage of your credit balance.Any use of the service(s) and/or product(s) or system(s) resources used to provide the services otherwisethan as intended thereto by UTS or any use of the service(s) and/or product(s) or system(s) resourcesused to provide the services disrupting the normal use of the service(s) and/or any system of UTS and/orof other customers of UTS, other users or suppliers is considered to be an abuse of the system resourcesand provides grounds for intervention, suspension and/or termination by UTS of the services provided.Modification, alteration, reverse engineering, de-compilation, disassembly or creation of derived worksbased on UTS’ proprietary information or software provided by UTS is an abuse of the service(s) andprovides grounds for intervention, suspension and/or termination by UTS. Customer will be liable and fullyresponsible towards UTS and will hold UTS harmless from any claims of third parties for costs anddamages of UTS due to abuse as described herein.In the event of data usage you are warned that the Internet is a world-wide network. As such, it containssites in countries around the world. The information available through the data service(s) may includeitems of an erotic, abusive or violent nature or other items not appropriate for viewing or possession byminors. UTS cannot and does not exercise any control over the information passing through its system,nor is it obliged to do so. It is therefore the duty of the customer, user and/or parent or guardian tosupervise the use of the service(s) and the Internet by minors and any responsibility and liability of UTS inthis regard whatsoever is excluded. The services are provided on best efforts basis- high quality highbandwidth networking services to the business community and private users. The following is consideredunacceptable usage of the service(s) a. It is not acceptable to use the service(s) and/or UTS’ network forillegal purposes. b. It is not acceptable to use the service(s) and/or UTS’ network to transmit threatening,by/in the community unacceptable or harassing materials. c. It is not acceptable to use the servicesand/or UTS’ network to interfere with or disrupt network users, services or equipment. Disruptions include,but are not limited to, distribution of unsolicited advertisement and using the network to makeunauthorized entry to any other machines accessible via UTS’ Internet connection. d. It is not acceptableto use the service(s) and/or UTS’ network for the purposes of transmitting "Chain Letters," "broadcasting"messages to third party's mailing lists or non-consenting individuals, nor any other type of use which mayor will result in congestion of the Internet or UTS's connecting networks, or which may or wouldsignificantly interfere with the connectivity of others. e. It is not acceptable to use the service(s) for voicecommunications and/or as a medium to facilitate voice communications unless agreed upon between youas customer and UTS in writing. f. It is not acceptable to use the service(s) and/or UTS’ network forillegitimate or illegal purposes. g. It is prohibited to: introduce viruses, worms, harmful code and/or Trojanhorses on UTS’ network; or use the service(s) or UTS’ network for spamming or flaming to hack orotherwise obtain unauthorized services; or to delete or alter author attributes or copyrights notice, unlessexpressly permitted in writing by UTS, the author or owner; or use the service(s) or UTS’ network otherthan for your private or own business use. The commercial exploitation, including the selling, distribution,leasing, or otherwise provisioning of the service(s) (in whole or in part) to third parties or of, data, voice orother services by you as customer by means of the service(s) or UTS’ network (other than throughacceptable use of the service(s) by you as customer) is therefore expressly prohibited, unless suchcommercial exploitation is expressly and specifically permitted and agreed upon in writing by UTS.Violations may result in termination of services and/or claims for costs and/or damages of UTS.The technical aspects of the network or the services may be modified by UTS in order to cope with timeand technology. Where possible, UTS shall try to carry out the modifications without affecting the userpossibilities of the customer and the mobile devices used. The network is serviced by or on behalf ofUTS. In order to service the network, UTS may (temporarily) discontinue (part) of the network. UTS willreduce this to a minimum and where required, network interferences will be timely published, unless itconcerns short or limited interruptions whereby general or specific publication cannot be required fromUTS. Interferences are investigated as soon as these are known to UTS and remedied to the best or their ability. The expenses to detect and correct the interference may be charged to you if it turns out theinterference is caused by devices used by you or due to actions of you contrarily to the terms in thisAgreement or applicable laws and regulations.

Article 7: Privacy

UTS processes information, including personal, traffic and location information about her customer in theprovision of its services. UTS does this with due regard of the applicable legislation and regulations withregard to protection of personal privacy. The procedure for processing this information about thecustomer and the protection of personal privacy is set down in UTS's Privacy statement as published onits internet site. This Privacy statement will be amended from time to time if new developments makesuch amendment necessary.

Article 8: Amendments

Provider reserves the right to amend these terms and conditions from time to time, including but notlimited to the scope of the service(s) in which event the amended terms and conditions shall beapplicable.

Chippie Postpaid Terms & Conditions

Customer and Provider hereby agree to the following:

Article 1. Definitions The following terms have this meaning in this Agreement, terms not defined herein shall have their normal and customary meaning in the industry:

“Agreement”: this service agreement for mobile voice and/or data entered into between Provider and Customer.

“Chippie”: the SIM Card provided by Provider.

“Chippieland”: the territories which are part of ‘Chippieland’ as then described on the website of Provider. It is understood that the territories which are part of ‘Chippieland’ can vary during the term of the Agreement and that the then current description will be leading.

“Connection”: the possibility to make use of Provider’s network by means of a suitable mobile device including SIM card.

“Contract Period”: the initial contract period as described under ‘Contract period’ in the Information Sheet of this Agreement.

“Customer”: the person described under ‘Customer Information’ in the Information Sheet of this Agreement.

“Fixed Lines”: fixed phone lines.

“Other Local Mobile Operators”: other operators of mobile telecom services located in the Territory.

“Price”: the Fee(s)/Cost(s) for the Service(s) and/or Product(s) as described in the Information Sheet of this Agreement.

“Privacy Statement”: Provider’s privacy statement as published on Provider’s website.

“Products”: the product(s) as elected by Customer under this Agreement as described in of the Information Sheet of this Agreement.

“Provider”: the provider as indicated in the Information Sheet of this Agreement.

“Services”: the service(s) as elected by Customer under this Agreement as described in the Information Sheet of this Agreement.

“SIM Card”: a SIM Card provided by Provider.

“Territory”: the territory as described in the Information Sheet of this Agreement.

“Warranty Period”: the period described in article 6.3 of this Agreement.

Article 2. Customer declares, acknowledges and warrants Customer hereby declares and warrants:

i. the information he/she provided in the Information Sheet of this Agreement to be correct and truthful;

ii. that he/she is a residential Customer;

iii. that he/she will not use the Services/Products provided under this Agreement for business purposes; iv. that he/she agrees with all herein mentioned conditions and the Fair Use Policy applicable to the Services/Products provided under this Agreement.

Article 3. SIM card

3.1. Customer acknowledges that an active SIM Card is required

i) to make a connection to Provider’s mobile network with his/her mobile device, such as but not limited to, his/her mobile handset, tablet or dongle, and

ii) use the elected Services. It is the sole responsibility of Customer to keep his/her SIM Card active at all times.

3.2. The SIM Card will remain active:

i. If Customer chooses ‘post-paid’ Service(s): during the term of the Agreement if Customer complies with his/her obligations under the Agreement. The SIM Card and the phone number that is dedicated to the SIM Card will expire when the Agreement is terminated or cancelled.

ii. If customer chooses ‘pre-paid’ Service(s): as long as Customer has a) a minimum balance of ANG. 0,01 on his/her SIM Card and b) Customer recharges his/her balance every two (2) months. Customer acknowledges that credit not used within two (2) months will expire and be forfeited. The SIM Card and the phone number dedicated to the SIM Card will expire in the event the balance is not recharged within four (4) months.

3.3 Provider reserves the right to re-issue Customer’s phone number dedicated to the Chippie, to a third party when the SIM Card and the phone number dedicated thereto are expired.

3.4 The SIM Card may only be used in combination with the type of mobile device for which it is intended. The SIM Card will have a registration number which enables Provider to register the technical properties and/or settings of the SIM Card provided to the Customer. Provider reserves the right to change the technical properties and/or settings of the provided SIM Card.

3.5

Customer acknowledges it is his/her sole responsibility to obtain a mobile device and/or a SIM Card that will support the Services chosen by the Customer.

3.6

Customer acknowledges he/she might not be able to use (part of the) elected Services when the SIM Card becomes inactive and/or the acquired mobile device does not support the elected Services. Customer acknowledges this will not constitute a ground for cancellation and/or termination of this Agreement and he/she will remain responsible for the payment of the (monthly) Price as specified in the Information Sheet.

Article 4. Price and payment

4.1.

The monthly Price shall be invoiced by Provider to the Customer and shall be fully payable by Customer in addition to:

i) Costs of Out of Scale and Scope calls*

ii) Costs of Out of Scale and Scope SMS*

iii) Costs of Out of Scale and Scope data traffic*

*Out of Scale and Scope are all calls, SMS and data traffic that fall outside the bundle of the elected service(s) as described in the Information Sheet such as for example voice and data roaming costs.

iv) Any other applicable costs and rates, such as but not limited to, (re)installation fees,

 deposit, sales tax;

v) Costs for other and/or additional services/products of the Provider.

4.2

The amounts due must be fully paid within the payment term as mentioned on the invoice.

Provider shall be entitled to 18% interest per annum on outstanding amounts not paid within the payment term plus collection costs.

In case of late payment, interest will be charged on the outstanding amount. A fine can be imposed as well. In case a service is disconnected and needs to be reconnected, reconnection fees can also be charged. All judicial and extrajudicial collection fees and costs resulting from non-payment will be for the customer’s account.

4.3

Provider is entitled to require payment of certain fees or costs in advance.

4.4

Provider reserves the right to require payment of a deposit or require Customer to issue a irrevocable letter of credit or other form of security acceptable by Provider prior to providing

the Service(s) or during the term of the Agreement. Upon receipt of Provider’s written request for a security, Customer shall have ten (10) business days to provide or implement such security and if Customer fails to comply with such request within said time period, Provider shall be authorized not to provide the Service(s), or immediately suspend and/or terminate the Service(s) without further notice being required.

4.5

In the event of partial payment of outstanding invoices, Provider will be entitled to attribute the payment as follows: i) outstanding costs and late fees; ii) the outstanding interest; iii) the outstanding invoices whereby payment shall be attributed against the oldest first; iv) current interest.

4.6

In the event that Customer has not fully paid outstanding invoices, Provider shall be entitled to terminate or suspend (part of) its Services until full payment has taken place. Provider shall be entitled to charge additional (reconnection) cost before reconnecting the Services after full payment.

4.7

In so far as the monthly Price owed to the Provider for the Service(s) do not relate to an entire calendar month, 1/30th part of the monthly Fee will be charged for each day unless otherwise agreed upon between parties.

4.8

Provider’s information is conclusive in determining the amounts owed unless the Customer can prove that this information is not correct.

4.9

If the Customer disputes any amount stated on the invoice, he/she shall submit his/her written objection including evidence of its statement to Provider within thirty (30) calendar

days as of the date of the disputed invoice. Customer will forfeit his/her rights to dispute any amount stated on the invoice if he/she does not object thereto in writing within abovementioned time period. Notwithstanding the foregoing, Customer shall remain liable for all outstanding amounts, including the disputed items, during the investigation of the objection.

Article 5. Amendments

5.1.

Provider reserves the right to amend the terms and conditions of this Agreement from time to time, including but not limited to the scope of the Service(s) and the prices for the Service(s). The amendments shall also apply to the existing agreements, unless Provider explicitly excludes the amendments for such agreements.

5.2

The amendments come into effect four weeks as of the date of the announcement, or at a later date mentioned in the announcement, unless a different period is required by law, which will then apply.

5.3

In the event the Customer does not wish to accept an amendment that relates to the Service(s) he/she elected, Customer can terminate the Agreement in writing with regard to this Service effective on the date the amendment comes into force, provided the written termination letter has been received by Provider before the date the amendment becomes effective. 5.4

The provisions of article 5.3 of this Agreement do not apply:

* If the Customer solely benefits from the amendment;

* If the amendment in reasonableness has no implications for the (legal) position of the Customer;

* If the Customer is offered the option to refuse the amendment;

* If parties already irrevocably agreed upon the amendment when they entered into the Agreement;

* If the amendment is prescribed by the (governmental) authorities;

* In other cases in which this is not required on grounds of applicable legislation and regulations.

Article 6. Warranty

6.1

Provider warrants it will use its best efforts to provide the Service(s) with as little disruption as possible.

6.2

Provider does not warrant that the Service(s) and /or the Product(s) Customer acquired are capable of transporting the speed and/or signal or otherwise actually providing the other technical qualities and specifications as requested by the Customer or agreed in this Agreement, as this is dependent on the technical quality and specifications of Providers mobile network connections and equipment. In case it becomes evident at installation or another moment in time that the speed, signal or other technicalities as indicated above cannot be achieved, Provider reserves the right to i) offer the Customer other Service(s) with a speed and/or signal and/or technicalities that can be achieved, or ii) to cancel this Agreement as provided in article 10.

6.3.

Provider warrants the mobile device, excluding external battery and SIM cards, purchased by Customer and provided by Provider will be free from defects in workmanship and materials for a period of three (3) months as of the date of purchase of the device (the “Warranty Period”) unless another term is mandatory required by law, which term will then be applicable. This limited warranty is not transferable. During the Warranty Period, the mobile device will be replaced, without charge to Customer. If the mobile device is replaced during the Warranty Period, the Warranty Period will extend with another three months as of the date Customer received the replaced device. This Limited Warranty does not apply to normal wear and tear or if any component of the mobile device is opened or repaired by someone not authorized by Provider and does not cover repair or replacement of any mobile device hardware damaged by: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, neglect, misapplication, or defects due to repairs or modifications made by anyone other than Provider. This limited warranty does not cover physical damage to the surface of the mobile device hardware, including cracks or scratches on the LCD screen. This limited warranty also does not apply if the malfunction results from the use of the mobile device hardware in conjunction with accessories, products, services or ancillary or peripheral equipment not expressly approved or provided by Provider specifically for use with the particular model of the mobile device, and where it is determined by Provider that such malfunction is not the fault of the mobile device hardware itself. Provider shall not be responsible for data that may be damaged or lost at any time, including, without limitation data lost or damaged during the servicing of the mobile device, or through the use of synchronization software.

6.4.

When making a warranty claim, Customer must present the following to Provider within the Warranty Period: i) the mobile device or the affected part thereto; ii) the original proof of purchase which clearly indicates the name and address of Seller, the date and place of purchase, the product and the IMEI or other serial number. If Customer fails to provide this within the Warranty Period, the warranty will expire.

Article 7. Use

7.1

The Customer is responsible for all use made of the Connection, even if this is without his/her permission, consent or knowledge. All amounts due arising out of the use of his/her Connection shall be borne by the Customer.

7.2.

In the event of robbery or loss of the mobile device, Chippie and/or related security codes or (assumption) of use against the will of the Customer, he/she may request Provider in writing to block a Connection. Blockage takes place on the date the request is received in writing by the Company. The Customer is only liable for the user related fees as up to the date of blockage of the Connection.

7.3.

Any use of the Service(s) and/or Product(s) or system resources used to provide the Services otherwise than as intended by the Agreement or disrupting the normal use of the Service(s) and/or any system of Provider and/or of other customers of Provider, other users or suppliers is considered to be an abuse of the system resources and provides grounds for intervention, suspension and/or termination by Provider of the Agreement. Modification, alteration, reverse engineering, de-compilation, disassembly or creation of derived works based on Provider’s proprietary information or software provided by Provider is an abuse of the Service(s) and provides grounds for intervention, suspension and/or termination of the Agreement by Provider. Depending on the nature and severity of the abuse, the Customer may receive an e-mail warning, suspension and/or termination of the Agreement. Customer will be liable and fully responsible towards Provider and will hold Provider harmless from any claims of third parties for costs and damages of Provider due to abuse as described in this article, in accordance with article 12 of this Agreement.

7.4

The Internet is a world-wide network. As such, it contains sites in countries around the world. The information available through the Service(s) may include items of an erotic, abusive or violent nature or other items not appropriate for viewing or possession by minors. Provider cannot and does not exercise any control over the information passing through its system, nor is it obliged to do so. It is therefore the duty of the Customer, user and/or parent or guardian to supervise the use of the Service(s) and the Internet by minors and any responsibility and liability of Provider in this regard whatsoever is excluded.

7.5

The network on which the Services are provided has been established to: a. Provide - speed and quality depending on the equipment used and services agreed upon, and furthermore on best efforts basis- high quality high bandwidth networking services to the business community and private users; b. Promote the use of data-related services in the Territory. Use of the Service(s) in accordance with these principles and under the further requirements, restrictions and conditions contained herein and as further to be communicated to Customer by Provider, will be considered the Acceptable Use Policy of Provider.

7.6

Requirements of usage: a. To respect the privacy of the users of Provider and all networks accessible via Provider. b. To respect the legal protection provided by copyright, license, and other applicable legal devices to programs, communications, and data. c. To respect the integrity of computing systems, and to not use Provider and/or its systems to compromise same. d. To respect common usage E-Mail services. e. To obtain all required permissions and to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, exportation of technical or personal data and intellectual property laws (including copyright and patent law). f. To promptly notify Provider if one suspects unauthorized use of the network. g. Not to seek redress from Provider if one is harmed or offended by information products or services found on or received through the Internet.

7.7

Specifically acceptable usage of the Service(s) a. Usage for legitimate private personal or business data communications. b. Usage for legitimate public data communications as suggested by newsgroups and the well-known guidelines generally accepted by the users and news administrators of same. c. Usage legitimate for research or educational purposes. Usage for other data communications in accordance with applicable laws in the Territory.

7.8

Unacceptable usage of the Service(s) a. It is not acceptable to use the Service(s) and/or the Provider’s network for illegal purposes. b. It is not acceptable to use the Service(s) and/or Provider’s network to transmit threatening, by/in the community unacceptable or harassing materials. c. It is not acceptable to use the Services and/or the Provider’s network to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertisement and using the network to make unauthorized entry to any other machines accessible via Provider’s Internet connection. d. It is not acceptable to use the Service(s) and/or Provider’s network for the purposes of transmitting “Chain Letters,” “broadcasting” messages to third party’s mailing lists or non-consenting individuals, nor any other type of use which may or will result in congestion of the Internet or Provider’s connecting networks, or which may or would significantly interfere with the connectivity of others. e. It is not acceptable to use the Service(s) for voice communications and/or as a medium to facilitate voice communications unless agreed upon between Customer and Provider in writing. f. It is not acceptable to use the Service(s) and/or Provider’s network for illegitimate or illegal purposes. g. It is prohibited to: introduce viruses, worms, harmful code and/or Trojan horses on Provider’s network; or use the Service(s) or Provider’s network for spamming or flaming to hack or otherwise obtain unauthorized services; or to delete or alter author attributes or copyrights notice, unless expressly permitted in writing by Provider, the author or owner; or use the Service(s) or Provider’s network other than for Customers’ private or own business use. The commercial exploitation, including the selling, distribution, leasing, or otherwise provisioning of the Service(s) (in whole or in part) to third parties or of, data, voice or other services by Customer by means of the Service(s) or Provider’s network (other than through acceptable use of the Service(s) by Customer) is therefore expressly prohibited, unless such commercial exploitation is expressly and specifically permitted and agreed upon in writing by Provider.

7.9

Violation of policy Provider will review alleged violations of acceptable use policy on a case by-case basis. Violations of policy may result in suspension and/or termination of the Agreement, Violations may also result in claims for costs and/or damages of Provider.

Article 8.

Assignment of numbers and number security

8.1.

In order to utilize a Connection the Customer should possess a SIM Card and a number. Provider will assign one number per SIM Card to the Customer.

8.2.

Provider reserves the right to modify a number in case of modifications of the national numbering system or number allocation by governmental agencies, changes to the network or under other circumstances which require modifications of the numbering.

Article 9.

Changes, maintenance and interference of the network

9.1.

The technical aspects of the network or the Services may be modified by Provider in order to cope with time and technology. Where possible, Provider shall try to carry out the modifications without affecting the user possibilities of the Customer and the mobile devices used.

9.2.

The network is serviced by or on behalf of Provider. In order to service the network, Provider may (temporarily) discontinue (part) of the network. Provider will reduce this to a minimum and where required, network interferences will be timely published, unless it concerns short or limited interruptions whereby general or specific publication cannot be required from Provider.

9.3.

Interferences are investigated as soon as these are known to Provider and remedied to the best or their ability. The expenses to detect and correct the interference may be charged to the Customer if it turns out the interference is caused by devices used by the Customer or due to actions of the Customer contrarily to the terms in this Agreement or applicable laws and regulations. Article 10:

Cancellation (“ontbinding”) by Provider

10.1.

Without prejudice to any other rights Provider may have, Provider explicitly reserves the right to cancel this Agreement with immediate effect by written instrument out of court, without any further notice being required, and without any liability towards Customer for damages whatsoever and without the Customer having any claim or other rights whatsoever towards Provider in the event:

a) the Service(s) as elected under this Agreement does not have minimal a higher monthly fee than the monthly fee of Customers current Service(s) that precedes the elected Service(s);

b) of a situation mentioned in article 6.2;

c) the results of the credit check performed by Provider regarding the Customer are negative, which is to be determined in sole discretion by Provider;

d) any irregularities appear during the identification check performed by Provider on the Customer, which is to be determined in sole discretion by Provider;

e) Customer has provided incorrect and/or incomplete information to Provider; f) Provider receives instructions of the telecom regulator and/or thereto authorized minister to amend i) the Services and/or ii) the terms and conditions of this Agreement;

g) In the event Customer is declared bankrupt, placed under receivership, filed for bankruptcy or moratorium of payment;

10.2.

Provider reserves the right to claim any damages it may suffer as a result of the cancellation.

10.3.

Both the Provider and the Customer may cancel the Agreement wholly or in part if the other party fails to fulfill one or more of its obligations, in so far as this failure justifies cancellation. If fulfillment is still possible, a written notice of default is required providing the other party a reasonable term to comply.

Article 11: Term, renewal and termination (“opzegging”) and minimum package period

11.1

This Agreement is entered into for the initial term as specified in the Contract Period. At the end of the Contract Period the Agreement will be tacitly renewed with each time one (1) year, unless the initial term as specified in the Contract Period was shorter than one (1) year (same as 12 months), in which event the Agreement will be tacitly renewed, each time, with a term that is equal to the amount of months of those of the initial term specified in the Contract Period. The Agreement will not be tacitly renewed if terminated (“opzeggen”) by either party by written notice at least one (1) month prior to the end of the initial or renewed term, notwithstanding any rights of Provider as stated in this Agreement to terminate otherwise

11.2

During the term of this Agreement the Customer is not entitled to terminate (“opzeggen”) this Agreement. This means that during the term of the Agreement the Customer must maintain the Services elected under this Agreement, unless an exception is made in writing by a thereto authorized representative of Provider. 11.3

During the term of this Agreement Customer may elect in writing to upgrade to other services which have minimal a higher monthly Price than the monthly Price of Customer’s than current Services. However in the event that Customer elects such services this Agreement shall automatically be terminated and parties shall enter into a new agreement as of the election date of such than newly elected services. The than new elected services shall be provided during a new (initial) contract term.. Provider reserves the right to request an additional deposit in the event of an upgrade if deemed necessary.

11.4

If the situation as described in article 11.3 occurs, the deposit paid by Customer under his/her than current Services will not be paid back by Provider upon commencing of the new initial (contract) term, but will be remain under Provider as a deposit for the new elected services. If Provider requested an additional deposit, this will be paid by Customer before commencement of the new elected services.

11.5

In the event that the Customer terminates this Agreement in whole or in part prior to the end of the initial or renewed term, the remaining monthly Price for the Services elected herein up to the end of the term shall be immediately due and payable by the Customer, unless an exception is made in writing by a thereto authorized representative of Provider.

Article 12: Limited liability

12.1.

The Customer agrees to indemnify and hold Provider, its officers, directors, agents and employees harmless from and against any lawsuits, damages, claims or liabilities (or actions or proceedings in respect thereof), including of third parties, related to or arising out of the use of the Services and/or Products provided by Provider, in particular any claim with regard to infringement of any third party’s intellectual property rights through the use of the Service(s) and/or Product(s) provided by Provider, and Customer will reimburse Provider, its officers, directors, agents and employees for all legal and other expenses, including reasonable attorney’s fees, incurred in connection with investigating, defending or settling any such loss, claim, damage, liability action or proceeding, whether or not in connection with pending or threatened litigation.

12.2.

In no event shall Provider be liable to the Customer or third parties for indirect damages or consequential damages sustained by the Customer or third parties in using the Service(s) and/ or Product(s) provided by Provider however arising and whether under contract, tort or otherwise (including without limitation third party claims, loss of profit, loss of customers or damage to reputation or goodwill), unless in the event of gross negligence or willful misconduct of Provider. In the event any direct damages are inflicted for which Provider is liable, the liability will be limited to the total amount invoiced by Provider to the Customer for the recurring monthly fee in the twelve months prior to the incident.

12.3.

The Product(s) and Service(s) are provided by Provider on an “as is” and “best efforts” basis. Except for the warranty as described in article 6 of this Agreement, Provider disclaims all warranties of any kind with regard to the Service(s) and/or Product(s) including, but not limited to warranties or title, usability, condition, non-infringement, compatibility, security, or accuracy and disclaims all implied warranties of merchantability or fitness for a particular purpose.

12.4

Provider shall not be liable to Customer or third parties for any loss or damage sustained by Customer, its customers or end users, by reason of any failure or break down of Provider’s communication facilities or those of Customer or third parties associated with providing the regarding services, or for any interruption, degradation of the Service(s) whatsoever shall be the duration or the cause of such failure, breakdown, interruption or degradation.

12.5

Customer acknowledges that Provider does not operate the Internet in any way whatsoever and that all merchandise, information, content and services offered or made available or accessible on the Internet are offered or made available or accessible by third parties with whom Customer shall contract directly for such services. Consequently, Provider offers no warranty, whether express or implied, and makes no representation with regard to any merchandise, information, content and services offered or made available or accessible on the Internet and Provider shall not be liable for Customer’s reliance on or use of such merchandise, information, content and services offered or made available or accessible on the Internet.

12.6

Provider does not restrict access to any destination within the Internet network; however, Customer acknowledges that other internet service providers may, from time to time, filter or restrict access to other destinations within the Internet network and Customer agrees that Provider shall have no liability for any such action by a third party internet service provider.

12.7

Provider shall not be liable for any losses or damages, either direct, indirect or otherwise sustained by reason of failure in or breakdown of the services or facilities herein provided for, or any interruption of the Service, whether caused by act of God, insurrection of civil disorder, war or military operations, national or local emergency, acts of any governmental authority, industrial dispute, fire, inclement weather or other causes beyond the reasonable control of Provider. Article 13: Privacy

13.1

Provider processes information, including personal, traffic and location information about Customer in the provision of its Services on grounds of this and possible other agreements with Provider, with due regard of the applicable legislation and regulations with regard to protection of personal privacy.

13.2

The procedure for processing this information about the Customer and the protection of personal privacy is set down in Provider’s Privacy statement as published on its internet site. This Privacy statement will be amended from time to time if new developments make such amendment necessary.

Article 14: Entire Agreement

14.1

This Agreement contains the entire agreement of the parties with respect to the Service(s) and/or Product(s) as elected under this Agreement and supersedes all prior agreements between the Parties, whether written or oral, with respect to the elected Services and/or Products, however all concerning payment obligations and other obligations of Customer arising from previous agreements between Customer and Provider regarding aforementioned services are continued as obligations arising out of this Agreement and remain due and payable and an obligation by and for Customer.

Article 15: General

15.1

If any provision of this Agreement is held by a court to be illegal, void, prohibited or unenforceable, it shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions thereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision, covenant or undertaking therein contained.

15.2

Customer may not assign or transfer this Agreement in whole or in part without the prior written consent of Provider. Provider may assign or transfer this Agreement in whole or in part to any affiliated entity or successor in the interest of Provider, whether by merger, consolidation, transfer of its assets or otherwise. Customer will be notified in writing thirty (30) days prior to such assignment or transfer.

15.3

This Agreement is exclusively governed by and construed in accordance with the laws of Sint Maarten. Any dispute arising out of or in connection with this Agreement shall be brought exclusively to the competent courts in Sint Maarten.

15.4.

All notices to Provider by Customer regarding this Agreement must be in writing and signed by Customer and must include a copy of a valid ID of Customer. All notices to Provider regarding this Agreement must be sent to the UTS Customer Services Department with mentioning of the contract number provided to Customer by Provider for this Agreement.

 

 

UTS Website Terms and Conditions (Disclaimer)

Terms of Use

We at United Telecommunication Services (UTS) offer you use of this website, subject to the following terms and conditions. If you visit our site at www.uts.an, you accept these conditions. Please review them carefully.

Product Descriptions

The information contained in this website is for general information purposes only. In describing our product on this website, we attempt to be as up-to-date and correct as possible. However, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. We reserve the right to correct any typographical errors, inaccuracies, and omissions or to change information that may relate to product descriptions, pricing and availability from time to time without prior notice.  Therefore, any reliance you place on such information is strictly at your own risk.

The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from it are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The contents of this website are © of UTS, or of our respective affiliates and suppliers.

All rights in relation to this website are reserved. You may not modify the information or materials displayed on or downloadable from this website.  You may not reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose.

Loss/Damage of Data

In no event will UTS be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, or profits arising out of or in connection with the use of this website. Through this website you are able to link to other websites which are not under the control of UTS. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of UTS and its affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this website.

Links to the Website

Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules and regulations.

Availability

Every effort is made to keep the website up and running smoothly. However, UTS takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Terms and conditions miUTS

These terms and conditions apply to the use of the miUTS and all services made available by United Telecommunication Services N.V. and/or Setel N.V. (hereinafter: “Provider”) including, but not limited to, miKUENTA, miHEPA and Whitepages on miUTS (hereinafter: “miUTS”). By using MiUTS or any of the services provided on miUTS an agreement is concluded between you and Provider and you agree to these terms and conditions.

1. To be able to use miUTS and all services made available on miUTS you will need a miUTS account. To open your miUTS account, you must complete the registration process by providing Provider with current, complete and accurate information requested in the Registration Form. One miUTS account can be opened per customer. Failing to provide accurate information may result in suspension or termination of your miUTS account. Intentional forgery of your identity for malicious or other use will result in instant termination of your miUTS account.

2. Choosing a username and password is part of the registration process. You will be responsible for maintaining confidentiality with regard to your password and username and you shall take all possible measures to protect your username and password against unlawful use by (unauthorized) third parties. You are solely responsible for any and all activities that occur under your miUTS account. You will notify Provider immediately of any unauthorized use of your miUTS account or other breach of security.

3. You will adhere to the applicable law and requirements of reasonable use of (the services made available on) miUTS. More specifically, you will not use (the services made available on) miUTS for acts contrary to the law, public order, decency and common standards. By way of example, and not as a limitation, you will not create a false identity or forged email- or home address, telephone number or otherwise attempt to mislead others as to your identity.

4. You are entitled to terminate the Agreement at any time and for any reason, provided however for such termination to be effective, the termination process on miUTS must be completed.

5. Provider reserves the rights to amend and/or terminate (the services made available on) miUTS without prior notice and with immediate effect.

6. You hereby expressly acknowledge and agree that use of (the services made available on) miUTS and the Internet is at your own risks and that (the services provided on) miUTS is provided ‘as is’ and ‘as available’ without any warranties or conditions whatsoever, expressed or implied. Provider will use commercially reasonable efforts to make access to (the services made available on) miUTS available to you, but makes no warranty or guarantee that the user will be able to access (the services made available on) miUTS at any particular time or any particular location.

7. Provider hereby disclaims all express and implied warranties as to the accuracy, completeness, noninfringement, merchantability or fitness for particular purpose of (the services made available on) miUTS generally, and any content or service contained therein, as well as all express and implied warranties that the operation of (the services made available on) miUTS generally and any content or services contained therein will be uninterrupted or error-free. Provider shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto.

8. You will indemnify, hold harmless, and defend Provider and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to
(i) the use of (the services made available on) miUTS in any manner which violates the terms of this agreement or otherwise violates any law, rule, or regulation and
(ii) any claims made by third parties arising from your use of (the services made available on) miUTS, including without limitation any and all third party claims arising from or related to any failure, delay or interruption to (the services made available on) miUTS.

9. The agreement shall be governed, construed and interpreted in all respects in accordance with the laws of Curaçao, and shall be subject to exclusive jurisdiction of the courts of Curaçao.
 

Internet Acceptable Use Policy (AUP)

Introduction

CaribServe ("CaribServe") has established this Acceptable Use Policy ("AUP") to enhance the use of the Internet by preventing unacceptable use. All users of CaribServe Internet services (the "Services") - those who access (some of our) Services but do not have accounts as well as those who do have accounts and pay a monthly service fee to subscribe to the Services (collectively "Customers") - are bound by and must comply with this AUP. In addition, certain Services (as indicated on this website) have a service specific Acceptable Use Policy which applies to such Service in addition to this AUP.

CaribServe supports unrestricted transfer of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, we generally do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, in accordance with our General Terms and Conditions, we may remove any materials that, in our sole discretion, may be illegal, may arguably subject us to liability, or which may violate this AUP or any additional service specific AUP.

CaribServe will cooperate with law enforcement authorities in the investigation of any suspected or alleged crime. CaribServe will also respond to any subpoena, court order or other legal process. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your CaribServe account or other actions as detailed in Section III. Such action may be taken with or without notice depending on the severity of the violation and at CaribServe's sole discretion. This AUP should be read in conjunction with our General Terms and Conditions, service specific AUPs and any other policies. CaribServe reserves the right to amend, revise or modify this AUP (or any service specific AUP) at any time and such amendment, revision or modification shall be effective upon the inclusion of such in text of this AUP (or service specific AUP) and use of the Services thereafter.

As a Customer or user of Services you bear full responsibility for communications and/or content provided via your CaribServe account and use of the particular Service.

CaribServe does not assume the responsibility to and does not actively monitor communications provided by users or from outside sources. Unless and until notified, CaribServe is not likely to be aware of any violations of this AUP or legal violations. CaribServe expects all users to notify us of any legal violations, violations of this policy or other matters of concern.

Violations of the acceptable use policy

The following constitute violations of this AUP and you agree to refrain from such activities:
 

  1. Illegal or Potentially Illegal Use.
    Using the Services to transmit or make available any material (by e-mail, uploading, posting, or otherwise) or activity that, intentionally or unintentionally, violates any applicable national or international law, or any rules or regulations promulgated there under or gives the indication that such violation may be occurring. By way of example, and not limitation, such activity would include the receipt or distribution of material potentially deemed obscene under current statutes or the offering of child pornography and related activities.
  2. Harm to minors.
    Using the Services to harm, or attempt to harm, endanger, harass, or otherwise threaten minors in any way.
  3. Threats.
    Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
  4. Harassment.
    Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another either by the frequency of the activity or by the content.
  5. Fraudulent activity.
    Using the Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters." E-mail that consists of make-money-fast schemes, pyramid or chain letters, unsolicited commercial information and/or information offensive to the recipient is prohibited.
  6. Forgery or impersonation.
    Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is allowed.
  7. Unsolicited commercial e-mail/ Unsolicited bulk e-mail.
    Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail (e.g. spamming) is prohibited. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature, are prohibited.
  8. Unauthorized access.
    Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CaribServe's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Security violations include but are not limited to:
    • Attempts to compromise or gain unauthorized access to any other Internet account or unauthorized system.
    • Altering the header of e-mail messages that conceal your e-mail address or prevents recipients from responding.
    • Interfering with any user, system or network, including any denial of service attack.
    • Any use or distribution of tools designed for compromising security including cracking tools, network probing tools, programs for guessing passwords or credit card numbers and any application that allows the remote control of another system without the knowledge of that systems operator.
  9. Copyright or trademark infringement.
    Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  10. Collection of personal data.
    Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  11. Reselling the services.
    Reselling the Services without CaribServe's written authorization.
  12. Network disruptions and unfriendly activity.
    Using the Services for any activity that adversely affects the ability of other people or systems to use CaribServe's Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, websites or network equipment is prohibited. It is the Customer's responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network or access for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
  13. Multiple Logins.
    Customers may not establish more then one authentication session at a time, either from two computers or from the same computer unless they have an account type that permits this usage, violation of this provision could result in excess usage charges to the customers account at CaribServe's sole discretion. Accordingly, CaribServe maintains the right to terminate any Customer's connection following any extended period of inactivity as determined by CaribServe in its sole discretion.
  14. Web Pages and Data Storage.
    With CaribServe you generally have the option of contracting for a set amount of storage area or choosing a plan that provides a set amount of storage and automatically allows excess storage above that amount for an additional charge. If you contracted only for a set amount of storage, exceeding the data storage you have contracted for on CaribServe's equipment is prohibited and you agree that CaribServe may, as it sees fit and without notice or liability, remove files that exceed your limit. Web pages must not violate applicable law. If access to your files or web pages by others results in excessive traffic or system loads, CaribServe may remove or block access to files or web pages as it deems fit.
  15. Viruses / Worms.
    To introduce viruses, worms, harmful code and/or Trojan horses on CaribServe's network. you are responsible to ensure that your PC has a working and up-to-date Antivirus and Anti-Spyware program installed and running at all times.
  16. Spamming, Flaming, Hacking.
    To use the network for spamming, flaming, hacking or otherwise obtain unauthorized access.
  17. Excessive Utilization of Network Resources.
    Consuming a disproportionate amount of available Network resources resulting in the potential to disrupt or degrade the Network or Network usage by others. The determination of what constitutes excessive use depends on the specific state of the Network at any given time. Excessive use is determined by resource consumption relative to that of a typical individual user of the Network and not by the use of any particular application.

Enforcement

CaribServe reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Service and Network if in our judgment and sole discretion, an account may have violated this AUP and/or a service specific AUP and it reasonably determines that your conduct may: (1) expose CaribServe to sanctions, prosecution, civil action, or other liability; (2) cause harm to or interfere with the integrity or normal operations of CaribServe’s Service and Network or Services and networks with which CaribServe is interconnected; (3) interfere with another CaribServe customer's use of the Service and Network; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to CaribServe or its customers.

CaribServe, by way of example and not limitation, may take any one or more of the following actions in response to complaints of conduct that amounts to a violation of this AUP and/or a service specific AUP:

  • Issue written or verbal warnings.
  • Suspend the Customer's newsgroup posting privileges.
  • Remove content
  • Suspend the Customer's account.
  • Terminate the Customer's account.
  • Bill the Customer for administrative costs and/or reactivation charges.
  • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violation.
     

Internet Terms and Conditions

  • 1. Interpretation and applicability
    • 1.1 Definitions
       
      "Account" Each and any account of the Customer with CaribServe to which the GTC have become applicable
      "AUP" Acceptable Use Policy, applicable to the GTC and Service Agreement(s).
      "Bundled Services" A combination of two or more services that are billed on one bill and provide great money-saving benefits when purchased together.
      "CaribServe" New Technologies Group N.V., a limited liability company established in Sint Maarten or New Technologies Group SARL, a limited liability company established in Saint Martin, Overseas Collectivity of the French Republic ("Saint Martin").
      "Communication" The transmission of data from one computer to another, or from one device to another.
      "Content" Textual, visual or aural content that is encountered as part of the user experience on websites. It may include, among other things: text, images, sounds, videos and animations.
      "Customer" Natural person or corporate entity domiciled or established in either Sint Maarten or Saint Martin to whose legal relationship with CaribServe the GTC are applicable.
      "GTC" This general terms and conditions applicable to the AUP and Service Agreement(s) between CaribServe and Customer.
      "Installation" Installation of CaribServe required equipment in the apartment / home / office.
      "Internet" The world-wide collection of private and public router-based networks that are interconnected via gateways and exchange points, and which all utilize TCP/IP protocol suite.
      "Services" Means Internet service provided by CaribServe allowing the Customer to access the Internet via CaribServe's network, including any such additional services as may be provided by CaribServe or as may be subscribed to by the Subscriber.
      "Service Agreement" The agreement between CaribServe and Customer in relation to the provided and selected Services
      "System" Interconnecting network
    • 1.2 Applicability
      • (a) The GTC together with the AUP apply to all present and future legal relationships between CaribServe and Customer, including all Service Agreements, Accounts and any other agreement entered into by Customer and CaribServe.
      • (b) In the event of a conflict between the GTC and any terms, conditions or provisions applicable to the Services provided by CaribServe, or applicable under any specific agreement entered into between Customer and CaribServe, the GTC shall prevail.
      • (c) Customer is bound by the terms and rules of any third parties servers, networks or Systems that is used or accessed by Customer with his account.
  • 2. Services
    • 2.1 Services will be provided in exchange for recurring payment of subscription fees and full compliance with the GTC. Bundled services may not be used separately. Customer has no right to assign, lease, rent, transfer or resell Services or any portion thereof with any other party in any way.
    • 2.2 Customer bears full responsibility for communications and/or content provided via his account and all charges to his account.
    • 2.3 Customer shall be responsible for all conduct and content transmitted or stored using his account, with or without his knowledge or consent.
    • 2.4 Customer protects and maintains the security of his account, password(s), files and data, network and user access, and any information and messages transmitted or provided via his account and any other Internet service.
  • 3. Communication
    • 3.1. CaribServe reserves the right to provide information by sending newsletters via either electronic means or via regular post mail.
  • 4. Compliance with AUP and Laws
    • 4.1 Customer shall comply with AUP, as well as with all laws applicable.
    • 4.2 When CaribServe has reason to suspect any violation of the Agreement, or AUP CaribServe may, at its sole discretion, investigate the assumed violation or take such other action, as we deem appropriate under the circumstances. Such an investigation may include, but is not limited to, gathering information in relation to Customer, examining the content of personal electronic communications, web pages, and any other data or files in connection to the Account.
    • 4.3 Customer shall cooperate with the investigation.
    • 4.4 During the investigation CaribServe may suspend account access and remove or deny access to files and data.
    • 4.5 In the event that CaribServe has determined that the Agreement or AUP has been violated, it may take enforcement measures. Such enforcement is at CaribServe's sole discretion and may include, without limitation: (i) notices and/or warnings in the event of future violations, (ii) suspension or termination of any or all Services without further notice,(iii) removal of any or all messages, files and/or data stored on or transmitted via the Account.
    • 4.6 All costs and damages related to the violation will be charged on Customer's account. Payment hereof shall be made within 30 days after billing date. If payment has not been received within 30 days after billing date, CaribServe may debit Customer's credit card with the total amount due.
    • 4.7 CaribServe reserves the right to restrict or prohibit access to any part of its System, in order to protect its interests, the interests of the majority of its customers and to maintain consistent availability of the System.
  • 5. Service and Rate Changes
    • 5.1 Due to the changing nature of various factors affecting technology, telecommunications and the Internet, CaribServe may, at its sole option, decide to change Services and/or rates from time to time. CaribServe reserves the right to change or discontinue Services at any time upon 15 days notice. Notices may be given electronically via e-mail or by posting on the CaribServe website and shall be deemed given when sent or posted.
    • 5.2 In the event of a service and/or rate change Customer has no right to terminate the Agreement unless the Agreement is for a certain period of time. Customer shall notify CaribServe in writing of such a termination within seven (7) days after the service and or change rate has been notified. An early termination fee will not be charged.
  • 6. Minimum Age Requirements
    • 6.1 Customers must be at least eighteen (18) years of age.
  • 7. Pricing and Billing
    • 7.1 Customer shall provide CaribServe with complete and accurate billing information and shall update this information within 10 days of any change. Such billing information includes, without limitation, Customer's legal name, address, telephone number(s), e-mail addresses and credit card number. Providing false billing information shall be cause for immediate and permanent termination of the Agreement.
    • 7.2 The Service is a PREPAID service, meaning that subscription fees are due before the upcoming service period. CaribServe will send an electronic invoice via email one week prior to the payment due date.
    • 7.3 The date on the electronic invoice represents the payment due date. The amounts on the electronic invoice are in US Dollar.
    • 7.4 All fees in relation to the Services are excluding applicable taxes. All applicable taxes shall be paid by Customer.
    • 7.5 Any amount due shall be paid to CaribServe. Payments can be made in US Dollar, Euro or in the official currency of Sint Maarten by cash, check, credit card, debit card or via a standing order with the bank. Automatic credit card payments are accepted in combination with the pre-authorized credit card form provided by CaribServe.
    • 7.6 CaribServe accepts the following credit cards: VISA, MasterCard and Discover. CaribServe will accept Maestro as debit card. In Saint Martin "Carte Blue" will not be accepted.
  • 8. Delinquent or non-payment
    • 8.1 CaribServe may suspend the Service immediately and without notice if Customer is in default of payment of any outstanding amount due. In such an event, the Service will not be restored until the amount due as well as the reconnection fees are paid in full. Further, CaribServe shall have the right to set off any amounts due by Customer which are not paid when due, against any amounts owed to Customer by CaribServe or any of its affiliates, if any, pursuant to any other agreement or arrangement.
    • 8.2 Suspended accounts continue to accrue charges until restored or purged. Accounts that are delinquent by more than 30 days may be purged from the System without notice and without recourse to the account holder for any lost files or data stored on CaribServe Systems.
    • 8.3. The outstanding amount due on any account purged from the System remains due and may be sent to collections if not paid in full. The outstanding amount due will accrue interest at the rate of 1% per month until paid in full. In addition CaribServe shall charge Customer collection costs at the rate of 15%.
    • 8.4 CaribServe will not release domain names for a customer with an outstanding amount due. CaribServe also reserves the right to hold any co-located servers or other equipment owned or otherwise placed and used by Customer on CaribServe's premises and not allow removal of such from CaribServe's premises until the outstanding amount due are paid in full. CaribServe may take any and all legal steps to use the proceeds of such servers and/or equipment to satisfy any outstanding amount due.
    • 8.5 CaribServe reserves the right to charge a service reconnection fee to reinstate suspended accounts.
  • 9. Privacy
    • 9.1 CaribServe will keep data enabling the identification of natural persons, no longer than necessary for its purposes.
    • 9.2 CaribServe will carry out appropriate technical and organizational measures to ensure the protection of personal data against unlawful processing and loss.
  • 10. Disclaimer of warranty and limitations of liability
    • 10.1 CaribServe provides the Service on a "best effort" standard and does not guarantee upload or download speeds.
    • 10.2 CaribServe cannot and does not guarantee the confidentiality or security of any Customer information, stored in, Customer's computers, or elsewhere.
    • 10.3 All use of the services provided by CaribServe is at the Customer's own risk.
    • 10.4 CaribServe exercises no control whatsoever over the availability of information or over the content of the information passing through its System and specifically denies any responsibility for the accuracy or quality of information obtained or transmitted through it's services.
    • 10.5 CaribServe will not be responsible for any loss or inaccessibility, or the consequences of any loss or inaccessibility of data resulting from delays, non deliveries, miss-deliveries, service interruptions or disconnection howsoever caused, whether caused by CaribServe, or any other person or entity.
    • 10.6 In no event shall CaribServe be liable to the customer for consequential, special or indirect losses or damages sustained by customer or any third parties in using the service or accessing the internet howsoever arising and whether under contract, tort or otherwise (including, without limitation, third party claims, loss of profit, loss of customers, or damage to reputation or good will).
    • 10.7 CaribServe shall not be liable to Customer for any loss or damage sustained by Customer, its Customers or end users, by reason of any failure in or breakdown of CaribServe's communication facilities or those of Customer or third parties associated with providing the regarded services, or for any interruption, or degradation or the services whatsoever shall be the duration or the cause of such failure, breakdown, interruption or degradation.
  • 11. Assignment
    • 11.1 The Customer may not assign or transfer the Agreement without the prior written consent of CaribServe.
    • 11.2 CaribServe may assign or transfer the Agreement to any affiliated entity or successor in interest of CaribServe, whether by merger, consolidation transfer of all or its assets or otherwise. The Customer will be notified in writing 30 days prior to such assignment or transfer. Customer shall not have the right to dissolve the Agreement unless such a transfer or assignment takes place in a manner referred to in section 3 of title 2 of Book 6.
  • 12. Duration
    • 12.1 The Agreement is for a period of twelve (12) months starting at the date of installation of the Service. The Agreement will be automatically renewed for the same period of service unless Customer has notified CaribServe .NET in writing at least thirty (30) days before the end of the Agreement that he will not continue the Agreement.
  • 13. Termination by Caribserve
    • 13.1CaribServe may terminate the Agreement immediately and without written notice in the event of any of the following:
      • a. If the Customer is in default in the payment of any amount due.
      • b. If the Customer is declared bankrupt or judicially determined to be insolvent or
      • c. If any representation or warranty made herein by Customer shall prove at any time to be materially incorrect as of the date made.
      • d. If Customer violates any part of the Agreement.
    • 13.2 All open amounts will still be still due upon a termination.
  • 14. Miscellaneous
    • 14.1 Connectivity is provided for Customer and is additionally authorized for use by Customer's employees or household only.
    • 14.2 All persons and entities using the connection provided by CaribServe to Customer bear the same responsibilities as Customer under the service agreement, but Customer shall be fully responsible for any person or entity's use of the connection supplied by CaribServe to Customer.
    • 14.3 Use of the connection by an unauthorized person or entity is prohibited and shall be ground for termination of this agreement unless, such use is specifically allowed in writing by CaribServe.
    • 14.4 CaribServe shall be entitled without prior notice, to close the System or to restrict the use thereof for the necessary maintenance of the Systems.
    • 14.5. If Customer experiences problems with his Internet connection, CaribServe will provide free online support and if necessary, free on-site support within two (2) business days after receipt of the complaint. If the problem is determined to be a non-Internet issue or related to the subscriber's PC, CaribServe will be entitled to invoice the subscriber for the on-site support with a minimum of a $35.
  • 15. Deviation
    • 15.1 Unless CaribServe explicitly agreed in writing to depart from the GTC, the GTC will apply to the Agreement.
  • 16. Governing Law
    • 16.1 The Agreement together with the GTC and AUP shall be governed by, and construed in accordance with the laws of Sint Maarten and shall be subject to exclusive jurisdiction of the courts of St. Maarten
  • 17. Modification
    • 17.1 CaribServe may modify the Agreement and the GTC unilaterally at any time. CaribServe will send the modified Agreement and GTC to Customer per email. By continued usage of the Services, the Customer shall be deemed to have agreed to the modification.

 

GENERAL TERMS AND CONDITIONS UTS BUSINESS COMMUNICATION SERVICES

 

These General terms and conditions shall govern the relationship between on the one hand United Telecommunication Services N.V. and/or any subsidiary thereof that may (be used to) provide the Services mentioned herein, hereinafter to be referred to as “Supplier”, and on the other hand the individual or any legal entity that receives the Services mentioned herein, hereinafter to be referred to as the “Customer”.

  • 1. DEFINITIONS AND INTERPRETATION

    • 1.1 In the Agreement the following terms and phrases shall have the following meaning, unless the context otherwise requires:

      "Agreement" the agreement between Supplier and Customer by which Supplier agrees to provide the Services to the Customer, which agreement includes a Service Agreement and any annexes thereto and these General Terms and Conditions.

      "Business Day" shall mean, in respect of a Service, every day excluding Saturdays, Sundays and any national holidays on Curaçao and the jurisdiction where the Service is provided.

      "Confidential Information" shall mean all information (in whatever format) which: (i) relates to the Agreement; (ii) is designated as confidential by either Party; or (iii) relates to the business, affairs, networks, customers, products, developments, trade secrets, know-how and personnel of either Party (including, in the case of the Customer, Customer Data) and which may reasonably be regarded as the confidential information of the disclosing Party.

      "Customer Data" shall include, but not be limited to, data transmissions (including the originating and destination numbers and IP addresses, date, time and duration of voice or data transmissions, and other data necessary for the establishment, billing or maintenance of the transmission), data containing personal and/or private information of the Customer, its employees or authorized users of the Services, and other data provided to or obtained by Supplier, Supplier Affiliates and their respective agents, in connection with the Services. "Regulated Customer Data" shall mean that Customer Data whose use, processing or transfer is regulated by law or regulation as "personal data" where Supplier, Supplier Affiliates or their respective agents come into possession of such Customer Data.

      "Customer Equipment" shall mean hardware, software, systems, cabling and facilities provided by the Customer and used in conjunction with the Service Equipment in order to receive the Service.

      "Customer Site" shall mean a site or sites of Customer specified in the Agreement at which a Service is to be provided.

      "Fees" shall mean any recurring or non-recurring fees, call or usage charges and/or any other charges or fees payable by the Customer to Supplier in respect of a Service, as set out or referred to in the Agreement.

      "Force Majeure Event" shall mean any cause beyond a Party's reasonable control affecting the performance of its obligations including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, strike, embargo, governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, industrial disputes and acts or omissions of other providers of telecommunications services.

      "Internet" shall mean the international interconnected network of networks using the TCP/IP protocol to exchange data communications.

      "IP Network" shall mean the points of presence, network hubs, and host computers owned, operated or used by Supplier or Supplier Affiliate in connection with the provision of an Internet Service.

      "Maintenance and Emergency Works" mean works, the execution of which, at the time it is proposed to execute them, is required to put an end to, or prevent, the arising of circumstances then existing or imminent that are likely to cause: (i) danger to persons or property; (ii) the interruption of any service provided by the Network or the network generated by a third party; (iii) (substantial) loss to Supplier or any third party; and such other works as in all the circumstances it is reasonable to execute with those works, including but not limited to regular maintenance works.

      "Network" shall mean the telecommunications network and/or the IP network of Supplier.

      "Party" shall mean, in respect of a Service, each of Supplier and the Customer, and "Parties" shall be construed accordingly.

      "Ready for Service Notification" means a notification that may be provided in accordance with Clause 4.1 that the Service is ready for use.

      "Service" shall mean the specific telecommunications service provided by Supplier to the Customer, and as may be further described in the Agreement.

      "Service Activation Date" shall mean, in relation to a Service, the date the Service is operational.

      "Service Demarcation Point" shall mean, in relation to the Service, the physical demarcation point where Customer can access the Network and make use of the Services.

      "Service Equipment" shall mean the hardware, software, systems, cabling, and facilities provided by Supplier at the Customer Site in order to make available the Service to the Customer. Service Equipment shall not include the Network or any hardware or software which is the subject of a separate supply contract between Supplier or Supplier Affiliate and the Customer.

      "Service Agreement" shall mean the agreement between Supplier and the Customer, including any annexes (e.g. service description) by which Supplier agrees to provide the Services to the Customer, which agreement may be evidenced by a service’s application form accepted by Supplier, through active use of the Services by or on behalf of Customer or otherwise in a format to be determined by Supplier.

      Supplier Site” shall mean a site or sites of Supplier specified in the Agreement at which a Service is to be provided.

      Supplier Affiliate” shall mean any other legal entity i) directly or indirectly owned or controlled by Supplier, ii) directly or indirectly owning or controlling Supplier (Mother company), or ii) under the direct or indirect ownership or control of the same legal entity (Mother company) directly or indirectly owning or controlling Supplier.

  • 2. GENERAL

    • 2.1 These General Terms and Conditions are applicable to all (requests for a quotation, offers, quotations or acceptances with regard to) agreements whereby Supplier provides Services to Customer.

    • 2.2 Supplier explicitly declines the applicability of deviating or completing general terms or conditions, that the other party in a quotation, order confirmation, correspondence or otherwise refers to, unless Supplier explicitly accepts these general terms and conditions in writing.

  • 3. SERVICE

    • 3.1 An Agreement shall be binding on Supplier only after the Service Agreement is accepted by Supplier, such acceptance to include the carrying out to Supplier's satisfaction of appropriate credit checks against the Customer.

    • 3.2 Without releasing it from any of its obligations, Supplier shall be entitled at any time, and without notice, to use Supplier affiliates and/or subcontractors to perform some or all of such obligations.

    • 3.3 The terms and conditions of the Agreement and the Fees for a Service provided hereunder are agreed expressly on the condition that the Customer shall not resell, charge, transfer or otherwise dispose of the Service (or any part thereof) to any third party.

    • 3.4 Supplier reserves the right from time to time to change the configuration of the Network or the Service Equipment, or to change any applicable access code for receipt of a Service, provided always that such change does not materially affect the relevant Service. Supplier shall use reasonable endeavors to give the Customer a prior notice of any such changes to access codes.

    • 3.5 Supplier is entitled to modify the technical properties of a Service. Supplier will announce such a modification in writing, with due observance of a reasonable period, unless this is not reasonably possible.

    • 3.6 Services will be provided by Supplier at the Service Demarcation Point. Supplier is not responsible for any services or equipment beyond or connected the Service Demarcation Point, including but not limited to setup, configuration, compatibility, proper functioning or programming of computers, modems, routers or any other third party equipment not provided by Supplier. The costs of all equipment and services necessary to access the Network and use the Services are for the Customer.

  • 4. SERVICE ACTIVATION

    • 4.1 Prior to the provision of the Service, Supplier shall conduct such tests as it considers to be appropriate to determine that all necessary work has been done to provide the Service to the Customer and, upon successful completion of such tests, Supplier shall use reasonable endeavors to deliver a Ready for Service Notification to the Customer, if applicable.

    • 4.2 The Customer shall be deemed to have accepted the Service either (i) upon the date of delivery of the relevant Ready for Service Notification or, (ii) if earlier, or where no Ready for Service Notification is provided, upon the date the Service is operational. Such date for a particular Service may be further described and defined in the relevant Service Agreement.

  • 5. FEES AND PAYMENT TERMS

    • 5.1 The Customer shall pay the Fees in accordance with this Clause 5, unless agreed otherwise in the Service Agreement.

    • 5.2 Usage charges shall accrue from the date on which the Customer commences use of the Service and may be invoiced by Supplier monthly in arrears.

    • 5.3 Installation Fees and/or other non-recurring Fees shall accrue on the relevant Service Activation Date and may be invoiced by Supplier on or at any time thereafter.

    • 5.4 Rental charges and/or monthly fees shall accrue from the relevant Service Activation Date and may be invoiced by Supplier monthly in advance. Service provided for part of a month will be charged on a pro-rata basis.

    • 5.5 Any invoice for Fees shall be paid by the Customer within thirty (30) days of the date of the invoice.

    • 5.6 Without prejudice to any other remedies of Supplier, all amounts due to Supplier by Customer that are not paid when due shall accrue interest from the day following the day on which payment was due until paid in full. Interest shall be computed at a rate of 1.5% per month. Further, Supplier shall have the right to set off any amounts due by Customer which are not paid when due, against any amounts owed to Customer by Supplier or any of its Affiliates, if any, pursuant to any other agreement or arrangement.

    • 5.7 Supplier reserves the right at any time to require Customer to issue a deposit, irrevocable letter of credit or other form of security acceptable to Supplier if a) Customer's financial circumstances or payment history is or becomes unacceptable to Supplier; or b) there is a material change in circumstances of Customer's use of the Services. Upon receipt of Supplier's written request for a security, the Customer shall have ten (10) business days to provide or implement such security and if Customer fails to comply with such request within said period, then Supplier shall be authorized to immediately suspend and/or terminate the Services without further notice.

    • 5.8 All Fees or other sums which may from time to time be due, owing or incurred to Supplier are stated exclusive of value added tax and any similar sales tax, levy or duty which shall be payable by the Customer and invoiced by Supplier at the then prevailing rate where the Service is provided.

    • 5.9 The Customer agrees to comply with any obligation as to minimum usage and/or minimum payment as may be set out in the relevant Service Agreement. The Customer also agrees to comply with any Initial or Renewed Term commitment. Any breach by the Customer of its obligations under this Clause 5.9 shall, in addition to constituting a material breach of the Agreement, entitle Supplier to:

      • 5.9.1 in the case of a minimum usage or payment commitment, the Fees for the relevant Service with effect from the commencement of the period to which the breach relates; or

      • 5.9.2 in the case of early termination of a Service (or part of a Service) any time from acceptance of a Service Agreement by Supplier to the expiry of the Initial or Renewed Term, levy an early termination charge upon the Customer (which the Customer hereby acknowledges to be reasonable and a genuine pre-estimate of Supplier's loss) equal to: (i) 100% (hundred percent) of the remaining rental charges or monthly fees payable by Customer for the unexpired portion of the Initial or Renewed Term; and (ii) any termination charges or other costs or expenses incurred by Supplier for the cancellation of the Service or equipment provided to Supplier in connection with the Service.

  • 6. SERVICE PERFORMANCE

    • 6.1 In performing its obligations under the Agreement, Supplier shall at all times exercise the reasonable skill and care of a competent publictelecommunications operator or a provider of Internet related services, as the case may be.

    • 6.2 Supplier shall use reasonable endeavors to ensure that each Service will conform to any service descriptions and/or service levels as set out, or referred to, in the applicable Service Agreement.

    • 6.3 The periods for delivery of the Services as notified by Supplier are indicative only. Any failure to meet such periods for delivery shall not result in default.

    • 6.4 Except as expressly set out in the Agreement, all warranties, representations or agreements, with respect to the provision of a Service or otherwise, whether oral or in writing and whether express or implied, either by operation of law, statute or otherwise, are excluded to the extent permitted by law.

  • 7. SERVICE SUSPENSION

    • 7.1 Supplier may, at its sole discretion and without prejudice to any right which it might have to terminate a Service and/or the Agreement, elect to immediately suspend the provision of a Service (or part thereof) if:

      • 7.1.1 Supplier has reasonable grounds to consider it is entitled to terminate the Service and/or the Agreement pursuant to Clause 8;

      • 7.1.2 Supplier is obliged to comply with an order, instruction or request of a court, government agency, emergency service organization or other administrative or regulatory authority;

      • 7.1.3 Supplier needs to carry out Maintenance or Emergency Works to the Network or Service Equipment;

      • 7.1.4 Supplier has reasonable grounds to consider that the Service is being used fraudulently or illegally or in violation of Clause 9.5;

      • 7.1.5 Supplier has reasonable grounds to consider that the Customer will not or is unable to make any payment which is due or is to fall due to Supplier hereunder; or

    • 7.2 If the Service (or part thereof) is suspended as a consequence of the breach, fault, act or omission of the Customer, the Customer shall pay to Supplier all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the Service.

    • 7.3 Supplier shall not be liable for any loss, damage or inconvenience suffered by the Customer as a result of any suspension made pursuant to Clause 7.1.

  • 8. TERM AND TERMINATION

    • 8.1. Except for an otherwise specified term and possible renewal clause as may be agreed upon in the Service Agreement, the Agreement is entered into for an initial period of two (2) years as from the Service Activation Date (‘Initial Term’), and at the end of the Initial Term the Agreement will be tacitly renewed for one (1) year (‘Renewed Term’), unless terminated by either party in writing to the other party, at least one (1) month prior to the end of the Initial or Renewed Term .

    • 8.2. Notwithstanding the above set forth in article 8.1, Supplier may terminate the Agreement immediately and without notice in the event of any of the following:

      • If the Customer is in default in the payment of any amount due or is in breach with any other obligation in the Agreement;

      • if the Customer is declared bankrupt or judicially determined to be insolvent or fallen into a situation of suspension of payments;

      • If any representation or warranty made herein by Customer shall prove at any time to be materially incorrect as of the date made; or

      • If Supplier has decided, in its sole discretion, to discontinue the provisioning of the Service.

  • 9. CUSTOMER OBLIGATIONS

    • 9.1 The Customer shall grant or shall procure the grant to Supplier of such rights of access to each Customer Site, including any necessary licenses, waivers or consents to enable it to perform its obligations or exercise its rights under the Agreement. The Customer shall advise Supplier in writing of all health and safety rules and regulations and any other reasonable security requirements applicable at the Customer Site, and Supplier shall use all reasonable endeavors to observe and ensure that its employees and authorized representatives observe such regulations and requirements as advised whilst at the Customer Site.

    • 9.2 The Customer shall provide Supplier with such facilities and information as Supplier may reasonably require, to enable it to perform its obligations or exercise its rights under the Agreement.

    • 9.3 The Customer warrants and undertakes that it shall:

      • 9.3.1 use the Service Equipment only for the purpose of receiving the Service and in accordance with Supplier's reasonable instructions from time to time and/or any software license that may be provided with the Service Equipment;

      • 9.3.2 not move, modify, relocate, or in any way interfere with the Service Equipment (or any words or labels on the Service Equipment) or the Network;

      • 9.3.3 not cause the Service Equipment to be repaired or serviced except by an authorized representative of Supplier;

      • 9.3.4 insure and keep insured all Service Equipment installed at each Customer Site against theft and damage. Upon first request of Supplier, Customer shall prove that it has this insurance coverage;

      • 9.3.5 not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment. Title to the Service Equipment shall at all times belong and remain with Supplier, a Supplier Affiliate or their subcontractor;

      • 9.3.6 permit Supplier to inspect, test, maintain and replace the Service Equipment at all reasonable times;

      • 9.3.7 comply with Supplier's reasonable instructions in relation to the modification of the Customer Equipment to enable the Customer to receive the Service, at its own expense; and

      • 9.3.8 upon termination of a Service, allow Supplier access to each Customer Site to remove the Service Equipment. Should any construction or alteration to the Customer Site have occurred to facilitate any Service, Supplier is not obliged to restore the Customer Site to the same physical state as prior to Service delivery.

        The Customer shall be liable for any and all damage to Service Equipment or the Network which is caused by (i) the act or omission of the Customer or the Customer's breach of the terms of the Agreement; or (ii) malfunction or failure of any equipment or facility provided by the Customer or its agents, employees, or suppliers, including but not limited to the Customer Equipment, nor shall Supplier be liable for any costs incurred by Customer arising out of any malfunction or failure of any such equipment or facility, including Customer Equipment.

    • 9.4 The Customer warrants that it holds and shall continue to hold such licenses and/or other authorizations as are required under the relevant legislation, regulation or administrative order, to receive the Services and to run and connect the Customer Equipment to the Network and Service Equipment. Supplier reserves the right to disconnect any Customer Equipment where the Customer has failed to comply with the provisions of this Clause 9.4 and Supplier shall in no event be liable in respect of the Customer's failure to comply with this Clause 9.4.

    • 9.5 The Customer warrants and undertakes that it shall:

      • 9.5.1 comply with any relevant legislative and regulatory provisions and shall not use the Services for any illegal or immoral purpose;

      • 9.5.2 use the Service only for the purpose of receiving the Service and in accordance with Supplier's reasonable instructions from time to time;

      • 9.5.3 not use the Service to introduce viruses, worms, harmful code and/or Trojan horses on the Network;

      • 9.5.4 not use the Service or Network for spamming or flaming to hack or otherwise obtain unauthorized services.

      • 9.5.5 fully insure and keep insured i) Supplier Site against any and all damages, in the event Customer equipment and/or equipment of Customer’s customers is installed at Supplier Site, ii) all Customer equipment and/or equipment of Customer’s customers installed at each Supplier Site against theft and any and all damages, and iii) against any and all liability of Customer as a result of claims of its customers and/or other third parties. Upon first request of Supplier, Customer shall prove that it has this insurance coverage.

      • 9.5.6 comply with all reasonable instructions of Supplier, whether provided in writing or orally, with regard but not limited to use of any facilities (e.g. power) and Network load.

      • 9.6 The Customer shall indemnify Supplier in respect of any and all losses, damages, costs or expenses resulting from or arising out of any breach of the warranties set out in this Clause 9 and/or any third party claim or allegation arising out of or relating to the use of the Service, and which relates to any act or omission of the Customer which is, or if substantiated would be, a breach of this Clause 9.

  • 10. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

    • 10.1 The Customer agrees to indemnify and hold harmless, Supplier, its officers, directors, agents and employees from and against any lawsuits, claims, damages or liabilities (or actions or proceedings in respect thereof) related to or arising out of any use of the Services through the account of Customer or breach of the Agreement and will reimburse Supplier, its officers, directors, agents and employees for all legal and other expenses, including reasonable attorney's fees, incurred in connection with investigating, defending, or settling any such loss, claim, damage, liability, action or proceeding whether or not in connection with pending or threatened litigation. Supplier disclaims in particular any eventual liability or responsibility in connection with any claim that the access or use of the Services and/or programs through the account of Customer infringes any third party's intellectual property rights.

    • 10.2 Supplier cannot and does not guarantee the confidentiality or security of any Customer information, whether stored in the Supplier system or machines, in Customer's machines, or

    • 10.3 Customer acknowledges that Supplier does not operate the Internet in any way whatsoever, and that all merchandise, information, content, and services offered or made available or accessible on the Internet are offered or made available or accessible by third parties with whom Customer shall contract directly for such services. Consequently, Supplier offers no warranty, whether express or implied, and makes no representation with regard to any merchandise, information, content, and services offered or made available or accessible on the Internet, and Supplier shall not be liable for Customer's reliance on or use of such merchandise, information, content, and services offered or made available or accessible on the Internet.

    • 10.4 In no event shall supplier be liable to the Customer for consequential, special or indirect losses or damages sustained by Customer or any third parties in using the services and/or in relation to the Services howsoever arising and whether under contract, tort or otherwise (including, without limitation, third party claims, loss of profit, loss of customers, or damage to reputation or good will).

    • 10.5 Supplier shall not be liable to Customer for any loss or damage sustained by Customer, its customers or end users, by reason of any failure in or breakdown of Supplier’s (communication) facilities or those of Customer or third parties associated with providing the regarding services (including but not limited to power supply, cooling, etc.), or for any interruption, or degradation of the services whatsoever shall be the duration or the cause of such failure, breakdown, interruption or degradation. Customer shall indemnify Supplier for any claims by third parties in this respect in accordance with article 10.1.

    • 10.6 In any case, and without prejudice to any other limitation of liability under the Agreement, the liability of Supplier shall never exceed the amount equal to the lesser of the total remuneration paid under this Agreement during the three (3) months immediately preceding the time of the damage occasion or NAf. 5.000 per event.

    • 10.7 The Services are provided on an "as is" and on a “best efforts” basis. Supplier makes no warranty of any kind, either expressed or implied, including, but not limited to, warranties or title, usability, condition, non-infringement, compatibility, security, or accuracy and expressly disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness for a particular purpose.

  • 11. FORCE MAJEURE

    • 11.1 Supplier shall not be liable to the Customer for any losses or damages, either direct, indirect or otherwise sustained by reason of any failure in or breakdown of the services or facilities herein provided for, or any interruption ofthe service, whether caused by act of God, insurrection of civil disorder, war or military operations, national or local emergency, acts of any governmental authority,industrial disputes, fire, inclement weather, or other causes beyond the reasonable control of Supplier.

  • 12. INTELLECTUAL PROPERTY

    • 12.1 The Customer acknowledges:

      • 12.1.1 that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and wheresoever enforceable, which are used in connection with the Service and/or Service Equipment, shall remain the sole property of Supplier or Supplier Affiliates; and

      • 12.1.2 without limitation to the foregoing, that the Customer shall not be entitled to use the name, trademarks, trade names or other proprietary identifying marks or symbols of Supplier or Supplier Affiliates without Supplier's prior written consent.

    • 12.2 The Customer warrants that any domain name registered or administered on its behalf will not contravene the trademark or other intellectual property rights of any third party and that it shall comply with the rules and procedures of the applicable domain name authorities, registries and registrars. The Customer shall indemnify Supplier and Supplier Affiliates in respect of any and all losses, damages, costs and expenses arising from or in connection with breach of this Clause 12.2. The Customer irrevocably waives any claims against Supplier or Supplier Affiliates which may arise from the acts or omissions of domain name registries, registrars or other authorities.

    • 12.3 Any Internet Protocol ("IP") addresses assigned to the Customer by Supplier in connection with an Internet Service shall be used solely in connection with the Internet Service. If such Internet Service is discontinued for any reason (including termination of the Agreement or the Internet Service), the Customer's right to use the IP addresses shall immediately cease and the IP addresses shall be returned immediately to Supplier. Any breach of this Clause 12.3 is a material breach of the Agreement.

    • 12.4 If the Customer does not move the domain name(s) registered by Supplier to another Internet provider within one month after termination of the Agreement and/or the Internet Service, Supplier reserves the right to terminate the domain name(s) registered by Supplier for the Customer with the applicable domain name authorities, registries and registrars.

  • 13. CONFIDENTIALITY

    • 13.1 Subject to Clause 13.2, each Party hereunder, shall:

      • 13.1.1 only use Confidential Information for the purposes of the Agreement;

      • 13.1.2 not disclose Confidential Information to a third party without the prior written consent of the other Party (except that a Party may disclose Confidential Information to its Affiliate or to its employees, agents or contractors, including professional advisors or auditors, for the purposes of the Agreement); and

      • 13.1.3 ensure that any third party to whom Confidential Information is disclosed executes a confidentiality undertaking substantially similar to the terms of this Clause 13.

    • 13.2 The provisions of Clause 13.1 shall not apply to any Confidential Information which: (i) is in or comes into the public domain other than by breach of this Clause 13; or (ii) is or has been independently generated by the recipient Party; or (iii) is properly disclosed pursuant to a separate

      written consent or a statutory obligation, the order of a court of competent jurisdiction or the requirement of a competent regulatory body.

  • 14. CUSTOMER DATA AND PRIVACY

    • 14.1 The Customer acknowledges that Supplier, Supplier Affiliates and their agents will, by virtue of the provision of Services, come into possession of Customer Data.

    • 14.2 The Customer acknowledges and agrees that Supplier, Supplier Affiliates and their agents may use, process and/or transfer Customer Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information):

      • 14.2.1 in connection with the provision of Services;

      • 14.2.2 to incorporate the Customer Data into databases controlled by Supplier or Supplier Affiliates for the purpose of administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, market and customer use analysis, and

      • 14.2.3 to communicate with Customer regarding products and services of Supplier or Supplier Affiliates by voice, letter, fax or email.

  • 15. ASSIGNMENT

    • 15.1 Neither Party may assign, charge, transfer or otherwise dispose of the Agreement, any Service Agreement, or any rights or obligations therein in whole or in part, without the written consent of the other Party (which consent shall not be unreasonably withheld or unduly delayed), except that Supplier may assign any and all of its rights and obligations hereunder: (i) to any Supplier Affiliate; (ii) to a third party pursuant to any sale or transfer of substantially all the assets or business of Supplier or a Supplier Affiliate; or (iii) to a third party pursuant to any financing, merger, or reorganization of Supplier or a Supplier Affiliate.

  • 16. DEVIATION

    • 16.1 Subject to article 16.2 and 16.3, it is only possible to deviate from the Service Agreement and these Conditions by written agreement between UTS and the Customer.

    • 16.2 UTS may unilateraly modify these Conditions, amplify them, and/or modify the fees or prices offered or agreed to, as well as discontinue or change the Services (hereinafter: the Changes), upon one (1) month written notice to the Customer, if reasonably possible. If the Customer does not agree with such Changes and the Changes affect the Customer materially and negatively, Customer has the right to terminate the agreement by written notice to UTS before such Changes take effect. Failing to terminate in time or by continued usage of the Services, the Customer shall be deemed to have agreed to all Changes.

    • 16.3 Notwithstanding Clause 16.1 and 16.2 Supplier is entitled in its sole discretion to unilaterally change this Agreement, including fees and prices, and without incurring any liability towards the Customer and without the right of Customer to terminate the Agreement, due to any existing or future regulation, decision and/or instruction of an authorized regulatory and/or governmental body.

  • 17. GENERAL

    • 17.1 No Waiver. Failure or delay by either Party to exercise or enforce any right or benefit conferred by the Agreement, including Supplier's right to deliver invoices in accordance with Clause 5, shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.

    • 17.2 Relationship. Nothing in the Agreement and no action taken by the Parties pursuant to the Agreement shall constitute or be deemed to constitute between the Parties a partnership, agency, association, joint venture or other co-operative entity.

    • 17.3 Third Party Beneficiaries. Except as otherwise contemplated by the Agreement, nothing herein will create or confer any rights or other benefits in favor of any person other than the Parties.

  • 18. NOTICES

    • 18.1 Except as otherwise expressly provided for herein, any notice required or authorized to be given under the Agreement shall be delivered by prepaid registered post or by facsimile transmission (immediately confirmed by post).

  • 19. ENTIRE AGREEMENT

    • 19.1 The Agreement sets out the entire and exclusive agreement between the Supplier and the Customer, and Supplier and Customer, as the case may be, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter addressed herein. No oral explanation or oral information provided shall alter the interpretation of the Agreement. The Customer confirms that, in agreeing to enter into the Agreement and/or a Service Agreement, it has not relied on any representation except as set out herein and the Customer agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of the Agreement, excluding any fraudulent misrepresentation.

  • 20. DISPUTE RESOLUTION

    • 20.1 In the event of a dispute concerning the Agreement, each Party shall in the first instance promptly bring the dispute to the attention of a Director or similar person in a management position.

    • 20.2 If the Customer wishes to dispute any invoice or part of an invoice falling due in accordance with Clause 5, the Customer shall, before the invoice is due, deliver a notice in writing to Supplier setting out the nature of its dispute, including: (i) date and number of disputed invoice; (ii) amount in dispute; (iii) reason for dispute; and (iv) supporting documentation, as appropriate. Any will not relieve customer from its payment obligation. The Parties shall use all reasonable endeavors to resolve such payment disputes as soon as is reasonably practicable.

  • 21. GOVERNING LAW AND JURISDICTION

    • 21.1 The Agreement shall be governed, construed and interpreted in all respects in accordance with the laws of Curaçao, and shall be subject to exclusive jurisdiction of the courts of Curaçao.

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