Belize Telemedia Limited (“BTL”) operates this Site to provide online access to information about DigiCell, BTL's mobile telephone service. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms and Conditions”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of this Site and, together with these Terms and Conditions, govern your use of those areas, content or transactions. These Terms and Conditions, together with applicable additional terms and conditions, are referred to as this “Agreement.”
BTL reserves the right to modify this Agreement at any time without giving you prior notice. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms and Conditions were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on this Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BTL reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms and Conditions.
The Site and the Content are protected by Belize and/or foreign copyright laws, and belong to BTL or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BTL or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by BTL. You may not manipulate or alter in any way images or other Content on the Site without specific permission from BTL or the copyright owner.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BTL of the third party, the third party web site, or the information contained therein. BTL is not responsible for the availability of any such web sites. BTL is not responsible or liable for any such web site or the content thereon.
5. Linking to this Site
If you would like to link to the Site, you must follow BTL’s link guidelines. Unless specifically authorized by BTL, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
BTL cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of BTL and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
BTL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BTL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BTL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BTL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL BTL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BTL, its subsidiaries, affiliated companies, share holders, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. User Supplied Information
BTL does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give BTL the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
14. Password Security
If you register to become a member of the BelizeWeb Community (forums), you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
15. General Provisions
a. Entire Agreement/No Waiver. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BTL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BTL therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BTL does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Belize Telemedia Limited, including its subsidiary companies, (hereinafter referred to as “BTL”) offers its customers (hereinafter referred to as the “Customer”) Telecommunication Services including but not limited to Public Switched Telephone Network (PSTN), Cellular, Data, Internet and other services.
The content and scope of these individual services can be seen in the Service Literature which, together with these General Terms and Conditions, forms the basis of the contractual relationship between the Customer and BTL. The Customer is deemed to have accepted these Terms and Conditions by activating, using or paying for any Service provided by BTL.
Unless otherwise stipulated, the contractual relationship between BTL and the Customer will remain in force until all Services are cancelled.
GENERAL TERMS AND CONDITIONS
“Agreement” means the contract made between BTL and the Customer and which incorporates:
“Customer” means any natural person or legal person and includes any public body and anybody of persons to whom BTL has agreed to provide a Service;
“Installation Charge” means a onetime charge payable by the Customer in connection with the installation of a Service;
“Order Form” means an order form, signed by the Customer, with respect to a Service or Services requested by the Customer and other relevant information concerning the relationship between BTL and the Customer;
“Recurring Charges” means charges determined by BTL that are payable on a monthly basis by the Customer in connection with the Service;
“Service” means any Telecom Service specified in an Order Form or other applicable document forming part of this Agreement;
“Service Literature” means any brochure, customer guide, description or instructions, including but not limited to those on all DigiCell Sim Packs, as may be published from time to time by BTL in connection with the provision or use of the Service.
“Tariff Schedule” means BTL’s schedule that stipulates certain charges, as varied by BTL from time to time, payable in respect of the provision of a Service, which shall be made available to the public at BTL’s main offices and through other media;
“Usage Charges” means the variable charges associated with the use of the Service.
2. APPLICATION FOR SERVICE
A request by any person for the provision of a new Service must be made in writing.
Applicants will be required to apply on the Order Forms provided by BTL, and satisfy all the requirements stated therein.
Requests for Services other than a new Service must also be made in writing, but do not necessarily require the use of the forms provided by BTL. These should be signed by the person in whose name the account will be issued.
The Customer will promptly provide BTL (free of charge) with all information which may be reasonably required from time to time to enable BTL to proceed expeditiously with the performance of its obligations under the Agreement.
All information provided by the Customer must be true to the best of his belief and any customer who is found to have obtained his/her service by fraudulent means will be reported to the police for further investigation and the services will be disconnected in accordance with section 8 (Termination) of this agreement.
3. PROVISION OF TELECOMMUNICATION SERVICE
All Services are subject to availability.
BTL will make every effort to provide the Service requested within a reasonable time, provided all the necessary facilities are available and the Customer has complied with his obligations hereunder. This includes a telephone exchange that has a distribution network of cables and lines near the site where the Service is required.
Where these facilities are not available, an alternative method for the provision of Service may be offered to the Customer, with the additional cost of such provisioning to be borne by the Customer (e.g. additional wires). Any alternative method of providing Service will be offered at the prevailing rental rates for this type of equipment.
Services are generally available from all exchanges. However, when a requested Service cannot be provided, the Customer’s application will be placed on a waiting list, pending the availability of the facilities. Every effort will be made to provide the Service required as soon as possible. Customers will be advised in writing when placed on the waiting list.
External access to the Customer’s property will be overhead, except where the Customer provides underground conduits from the property boundaries to the building.
All wiring done in a Customer’s premises will be surface wiring, except in those cases where the Customer provides conduits and the necessary boxes for telephone jacks. Where false ceilings or subterranean access areas exist, conduits must be placed to facilitate the installation process and for future maintenance.
The provision of any Service means that the Customer has been allocated a BTL customer account number. Payment of any and all charges for the use of the Services provided by BTL and billed to the account are the sole responsibility of the Customer.
4. OBLIGATIONS OF THE CUSTOMER
The Customer shall only use a Service in accordance with such conditions as BTL may indicate in writing from time to time.
The Customer shall not use any Service as a means of communication for a purpose which is specifically prohibited in the Agreement.
5. SERVICE CHARGES
In consideration of the provision by BTL to the Customer of a requested Service, the Customer shall pay BTL, as applicable, all charges, Installation Charges, Recurring Charges and Usage Charges (collectively “the Charges”) as specified in BTL’s Tariff Schedule.
Service is provided at business rates where it is of a business, professional or occupational nature. Service is provided at residence rates where it is for domestic purpose.
BTL may increase or decrease the Charges at any time and details of any such changes will be available from BTL’s main offices, via the media and from BTL’s website prior to implementation. BTL shall take reasonable steps to bring such changes to the Customer’s attention.
Any governmental assessments, fees and taxes imposed by law shall be billed to the Customer receiving a Service. Such assessments, fees or taxes will be separately stated on bills for payment.
6. RENDERING AND PAYMENT OF ACCOUNTS
Installation Charges shall be payable in advance of the installation of a Service.
Recurring Charges shall be payable on a monthly basis unless otherwise stipulated in the Agreement or BTL’s Tariff Schedule. Between the Service commencement date and the first billing period as well as the last bill after service is terminated, a proportionate part of the Recurring Charges shall be payable, calculated on a pro-rata daily basis.
Usage Charges shall be payable by the Customer in arrears in respect of the usage of any Service (whether with or without the Customer’s authority). Usage Charges shall be calculated by reference to data recorded or logged by BTL or where applicable, supplied to BTL by another network operator and not by reference to any data recorded or logged by the Customer. BTL shall prepare and send invoices for Usage Charges due at the end of each billing period. If service is terminated, a proportionate part of the recurring charges shall be payable, calculated on a pro-rata daily basis.
The Customer is liable for all charges for calls originating from the telephone number(s) for which the Customer is responsible, and also where charges have been accepted for collect calls and third party calls.
All bills are due for payment when rendered. All Charges shall be paid on or before the due date stipulated on the Customer’s bill.
Failure to receive a bill showing the amount owing by the Customer to BTL shall not relieve the Customer from the responsibility of making prompt payment of such amount to BTL.
The Customer whose name appears on BTL’s records is responsible for the payment of accounts for Services charged and bills for all Charges will be rendered to that Customer and not to his tenants or anyone else unless specific authority is given in writing to do so.
If objection in writing is not received by BTL within fifteen (15) days after a bill is rendered, such bill shall be deemed to be correct and binding upon the Customer.
Unless otherwise specified in the Agreement, payment of all sums due under the Agreement shall be made within thirty (30) days of the date of the relevant invoice.
Without prejudice to our other rights, BTL reserves the right to charge the Customer interest at 2% per month on all outstanding amounts if payment remains outstanding for more than thirty (30) days following the due date. Interest shall continue to accrue on any outstanding amount not withstanding termination of the Agreement for any cause whatsoever.
7. CREDIT POLICY AND DEPOSIT
BTL has a responsibility to all its Customers to take reasonable precautions against default of payment and has activated a credit policy which is designed to monitor the use of all existing accounts. To this end, credit limits are instituted to ensure that accounts do not incur outstanding amounts to the detriment of the Customer and BTL. Usage over and above the credit limit will require a payment or the Service may be restricted or terminated.
Upon signing any Agreement, the Customer shall pay such sums as BTL may stipulate by way of a deposit. If a deposit is required, the Customer will be notified at the time of applying for the Service and the deposit will be payable immediately. Deposit requirements may be increased if, in the opinion of BTL, the Customer’s usage characteristics or circumstances warrant an increase.
The deposit will be refundable after the Account has been closed, provided that that there is no other reason warranting the retention of the deposit, including but not limited to the Customer’s failure to make payment on existing Accounts, or the Customer’s account is not in good standing.
Where a Service has been terminated by the Customer, the deposit will be refundable subject to deductions in respect of any amounts then payable by the Customer under Clause 7 herein or any other liability incurred by BTL as a result of the Customer’s failure to comply with this Agreement.
Except as otherwise stipulated, either party shall be entitled to terminate the Services, without cause, by giving not less than one month prior notice via SMS of such intention to terminate.
Without prejudice to any other rights, BTL may terminate the Agreement, with immediate effect, and on giving notice via SMS to the Customer, if:
i. The Customer provided BTL with false, inaccurate or misleading information for the purposes of obtaining Service; or
ii. The Customer fails to make material use of the Service for a significant period. For the purposes of Prepaid accounts such period of inactivity shall be as defined on the Sim Packs or related literature; or:
iii. BTL has reason to suspect any unlawful or unauthorized use of a Service, including but not limited to, Fraud, Toll Bypass Fraud, any unauthorized insertion of traffic unto BTL’s Network, misconduct in connection with the customer’s use of the Service, misconduct by any other third party whatsoever, with or without the knowledge or approval of the Customer, tampering with BTL’s equipment, or any actions which affect the provision of Services by BTL to others; or
iv. The Customer is in breach of any Law or Order of a regulating authority;
v. The Customer breaches any of the terms and conditions contained in this Agreement or other service literature.
9. CONSEQUENCES OF TERMINATION
On termination of the Agreement, all outstanding Charges shall be payable by the Customer.
If the Agreement is terminated prior to the expiry of the initial contract period, the Customer shall pay such cancellation charges as may apply by way of liquidated damages for early termination.
Upon termination of the Agreement for any reason the Customer shall where applicable and during normal working hours, permit or procure permission for BTL to gain access to the location where the Service was installed for the purpose of removing any equipment belonging to BTL.
BTL may bring an action against the Customer to recover any payment that remains outstanding by the Customer following the termination of Service.
BTL will not be liable for any prepayments made by the Customer.
10. RESPONSIBILITY/SECURITY FOR COMMUNICATION EQUIPMENT
All Service equipment provided or leased by BTL to the Customer shall remain the property of BTL. The Customer is responsible for any damage to, or loss of, any equipment rented from BTL and will be charged in the event of such damage or loss.
All distribution cables and junction boxes installed by BTL on the property occupied by the Customer remain the property of BTL. The Customer is responsible for ensuring that these items are secured to prevent unauthorized access.
11. ALLOCATION AND USE OF TELEPHONE NUMBER/NUMBER PORTABILITY
Subject to any statutory or license provisions relating to number portability, where BTL allocates telephone numbers to a Customer, that Customer does not acquire any rights whatsoever in such telephone numbers and shall not make any attempt to apply for registration of the same as a trade or service mark, whether on his own or in conjunction with some other works or trading style.
BTL may for commercial, operation or technical reasons or in order to comply with the requirement of any competent authority, withdraw or change any telephone number or code or group of numbers or codes allocated to the Customer provided that reasonable notice is given.
12. RESTRICTION AND SUSPENSION OF SERVICE FOR NON-PAYMENT
BTL reserves the right to restrict or suspend any Service provided to the Customer at any time, should he fail to make payment of any monies due to BTL for any Service provided. Full Recurring Charges will be charged during the period of restriction.
Restriction or suspension of Service will result if the Customer does not pay his bill by the due date. In those cases where full payment to the Customer’s account is not made, Services on the account may be restricted. Service will only be restored when the account is paid in full, and the restoration fee has been paid.
Should any default be made in the payment of charges for Services provided to the Customer’s account, BTL shall be entitled to refuse to provide any Service in the future.
If no payment is received on or before the expiration of 7 days after restriction or suspension for non-payment, BTL reserves the right to remove all BTL equipment from the Customer’s premises.
A Customer whose Service has been ceased due to the non-payment of a bill will be required to settle all amounts due and in addition, must comply with the requirements which apply to the restoration of Service.
BTL reserves the right to restrict, suspend or terminate any Service to a Customer who damages or destroys any BTL equipment used to provide the Service. BTL will discontinue or terminate any Customer who makes or permits use to be made of BTL’s telecommunication equipment, poles, lines or otherwise in a manner or for a purpose which is not authorized by BTL or is contrary to these Terms and Conditions of Service and any Service Literature, or who performs activities deemed by BTL to constitute an infringement of BTL’s license to provide Telecommunication Services.
BTL may bring an action against the Customer to recover any payment that remains outstanding by the Customer following suspension of Service.
13. EXTERNAL REMOVAL OR TRANSFER OF SERVICE
Telecommunication equipment will be installed where first directed by the Customer. A change to any other location will be charged for at BTL’s standard rates.
The same terms and conditions apply for an external removal as in providing new Service. A non-refundable fee will be charged for the transfers.
The Customer is required to apply for any external removal or transfer of a Service at least 30 days prior to the date Service will be required at the new address. Any outstanding bill at the old address will remain as part of the Customer’s account balance.
14. TRANSFER OF CUSTOMER’S SERVICE
BTL will allow an existing Telecommunication Service to be transferred from one Customer to another Customer upon the following conditions:
i. Receipt by BTL of the notarized written consent of the existing Customer and the proposed transferee Customer;
ii. Payment of all amounts due to BTL for Service to the existing Customer; and
iii. Payment by the proposed transferee Customer of all amounts owed to BTL for any previous Service to him.
The transferee Customer is deemed to have accepted all the terms and conditions of Service which applied to the existing Customer.
Notwithstanding the above, if the transferee Customer is not an existing Customer, he will be required to comply with the requirements of BTL’s credit policy which apply to new applicants.
BTL shall make all reasonable efforts to provide smooth, uninterrupted Services. However, where Services are interrupted, the Customer agrees that BTL shall not be held liable for any damages, loss, loss of profits (whether direct or indirect), loss of business or anticipated savings, or for any incidental, indirect or consequential loss or damage whatever.
BTL shall not be held liable whether in contract, tort or otherwise for any harm or injury or loss resulting from the Customer’s acquisition and or use of a Service and the Customer shall indemnify and hold BTL harmless from any claims (including attorney’s fees and other costs of litigation or defense) resulting from use of a Service causing direct or indirect harm or injury to another person or property.
In no event will BTL be liable for the acts, omissions or delays of third party vendors to BTL.
There are no warranties, express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose.
BTL shall not be liable for and shall be fully indemnified by the Customer against any claim or loss, expense or damage, for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of BTL trademarks, service marks or any other injury to any person, property or entity arising out of the material, data or information transmitted.
BTL does not guarantee the lifespan of its equipment and lines, but undertakes to make repairs to all equipment and lines that are reported faulty and replace the equipment and lines that are not repairable for the duration of the service.
17. INFORMATION ABOUT DIRECTORY
Changes in the information contained in a telephone directory for subsequent directory listings should be notified in writing to BTL. A standard listing will consist of a Customer’s name, address and telephone number.
One standard listing only, is allowed without extra charge in respect of each exchange line, Cellular and E-mail provided to a Customer. Extra listings are allowed on payment of a fixed Charge to BTL.
BTL will provide one standard listing only for fax numbers in the fax portion of the directory. On payment to BTL of the approved rate, Customers may have an additional fax listing in the white pages.
Standard listings and extra listings may be inserted in heavy type upon payment to BTL of the appropriate charge.
A copy of every issue of a telephone directory is supplied free of charge for each PSTN number that a Customer has.
Notwithstanding a directory listing, a Customer’s telephone number may be changed at any time as the exigencies of BTL’s business may reasonably require. Reasonable advance notice of a changed number will be given to a Customer.
Unlisted service means that the Customer’s telephone number is not listed in a telephone directory, nor is it available through the Directory Assistance Service offered by BTL. A charge will be made for this service. BTL makes every effort to maintain the confidentiality of unlisted numbers. This confidentiality is not extended to BTL’s Caller ID Service, unless a Customer applies for Caller Line ID Restriction (CLIR). Where BTL agrees to keep a Customer’s telephone number unlisted, it does so without obligation. BTL will not accept liability for any damages which may arise from erroneously publishing such a number in a telephone directory or for accidental disclosure.
BTL’s liability for any errors or omissions in any directory listing is limited to the charges made for the listing itself.
BTL is not be liable to any Customer for the inaccuracy of any of its listings.
18. DEATH OF CUSTOMER
In the event of the death of a Customer, unless BTL is notified of such death and directed to discontinue Service as of a specified date, the person occupying the premises where the deceased Customer’s Service is located, shall be held responsible by BTL for all Telecommunication Charges for the use of any Service provided.
No failure to exercise and/or delay by BTL in exercising any right or remedy pursuant to this Agreement shall operate as a waiver of such right.
If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. BTL can replace any section or condition that is not legally effective with a clause or condition of similar meaning that is.
21. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the Laws of Belize.
Some Customers may receive a Service pursuant to a written contract with BTL. When such written contract exists, contract terms which are different from the general terms contained in this document shall govern the Services provided to a Customer. Terms and Conditions of Service contained in this document which are not inconsistent with the written contract shall also apply.
© Copyright 2014, Belize BTL Limited. All rights reserved.
Date of Last Modification: August 28th, 2014