DigiNET Terms and Conditions
Terms and Conditions: Diginet
“Account” means our record of your credit and charges and, where applicable, personal details.
“Agreement” means the agreement between us and you consisting of the terms and conditions in this document, the terms and conditions of any applicable product, service, voucher, promotion and competition, the applicable tariffs and charges and the application form.
“bar” means a block placed by us on some or all the Services you use.
“call” means a transmission made over our Network for the purpose of connecting to the Internet.
“CPE” means Digicel wireless broadband customer premises equipment which is to be connected to the Service.
“CT” means consumption tax or any similar indirect tax applying in the Kingdom of Tonga.
“Customer Care Centre” means our customer care centre which contact details are listed on our Website.
“Diginet” means Digicel (Tonga) Limited trading as Diginet.
“Equipment” means any CPE and other connections to the Service (including modems) and all other accessories that we provide in relation to the Service. ‘Equipment’ in this Agreement does not include your own equipment or any installation points or connections installed in your home or office by Digicel, which may itself include personal computers, routers, wireless routers, switches or any computer peripherals.
“Network” means our telecommunications networks and systems used to provide the Service.
“Service” means any package of internet services and related products and services that are made available to you by us or our agents from time to time.
“Website” means our website at www.diginet.to.
“we” or “us” means Diginet and “our” has a corresponding meaning.
“you” means the customer having a billing relationship with us and “your” has a corresponding meaning.
This Agreement begins once we have accepted your application for the provision of the Service and activated your connection to the Service. We may decline your application and refuse to activate your connection to the Service at our sole discretion. You agree that various related services, promotions and competitions of ours and third parties may be subject to additional terms and conditions, which may from time to time form part of this Agreement. Unless otherwise agreed in writing between the Parties, this Agreement supersedes all prior representations, arrangements, understanding and agreements in relation to the Service between us and you. Subject to you making payment for the Services and your compliance with this Agreement, the term of this Agreement shall be for a minimum Service period of twelve (12) months from the date of signature on your application form. After expiration of the twelve (12) month minimum Service period, this Agreement shall continue on a month by month basis until it is terminated in accordance with the terms of this Agreement.
You agree that the application of any consumer legislation to this Agreement shall be excluded (or, if it cannot be excluded, limited) to the maximum extent permitted by law. To the extent that the application of any consumer legislation cannot be excluded (or limited, as the case may be), this Agreement shall not prohibit you from exercising your rights under that legislation.
You agree that we have the right to unilaterally amend a part or the whole of the Service or this Agreement from time to time subject to notifying you of any material amendment, the materiality of which we shall at our sole discretion determine. Such notification may be by way of advertisement, notice in writing or by any other means we choose, such as printed collateral, national media, our website, SMS, voice message or email. You agree that using the Service after our notice of amendment shall be deemed acceptance of that amendment. Please note that our partner dealers or any third parties are not authorised to amend this Agreement or to agree to any provision which is inconsistent with this Agreement.
Any notice that you are required to send to us must be sent to our postal address in Tonga being, Diginet, c/o Digicel (Tonga) Limited, PO Box 875, Fatafehi Road, Nuku’alofa, Tonga.
Your interests in this Agreement are personal to you. You shall not assign or otherwise transfer this Agreement in whole or in part. If you are a business and your effective management or control is changed in any way, then this will be treated by us as a transfer of this Agreement entitling us to end it. We may assign or otherwise transfer this Agreement in whole or in part without your consent.
This Agreement is governed and construed in accordance with the Laws of the Kingdom of Tonga and we and you agree to submit to the exclusive jurisdiction of the Courts of the Kingdom of Tonga.
You may be provided with a unique username and password to access the Service. You are responsible for protecting the secrecy of the Account username and password and shall ensure that the same is not revealed or disclosed in any manner whatsoever. You are solely responsible for and shall bear all charges, losses or damages whatsoever arising from any unauthorised use or misuse of the Account and username howsoever they may arise.
You are responsible for the acts and omissions of all persons using the Equipment, whether or not authorised by you. Without prejudice to the generality of the former obligation or to any provision of this Agreement, you agree to:
- (A) ensure that your computer is suitable for connection to the Service;
- (B) not use or permit the use of the Service or the Equipment for any improper, abusive, indecent, obscene, unlawful, unauthorised, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, including by way of sending unsolicited commercial messages to any person;
- (C) not do anything that may harm our, or any third party’s, property;
- (D) not interfere with any part of our Network and/or Service;
- (E) not use or permit the use of the Service or the Equipment or introduce anything (including any virus) so as to cause the operation of the Network or the quality of the Service to be jeopardised, impaired or interrupted including using an unauthorised Voice over Internet Protocol device or to interfere with the integrity or security of any telecommunications or IT network or system;
- (F) not use the Service to spam, mail bomb, publish or distribute any offensive or unlawful material, harvest information about others, create a false identity, transmit or upload material which breaches any third party right, or any other similar activity;
- (G) not incite, encourage or induce members of the public to call particular numbers simultaneously where this may adversely affect the Service and/or the Network;
- (H) ensure that nothing is connected to the Network other than Equipment that we have approved;
- (I) ensure that you have obtained all the necessary consents from the owner of the premises if you do not own the premises on which the Equipment is to be installed;
- (J) be solely responsible for the manner in which the Equipment is used, including being solely responsible for paying all tariffs, charges and debts arising from the use of the Service (whether authorised or unauthorised);
- (K) comply with all of our reasonable instructions and requests and those of authorised authorities, in particular with respect to the manner of using the Equipment and/or Service, the investigation of offences and/or the migration to newer technologies;
- (L) immediately report, and confirm in writing, if your Equipment has been lost, stolen, damaged or used without authorisation;
- (M) not use the Service or the Equipment other than in compliance with the laws of the Kingdom of Tonga;
- (N) protect us against any legal action taken against us in connection with your use of the Services and any other use of the Equipment;
- (O) reimburse us for all costs and expenses, including reasonable legal fees, incurred as a result of us deeming it necessary to enforce our rights under this Agreement by way of legal or other action; and
- (P) ensure that anyone that uses the Equipment also meets the obligations of this Agreement.
We will always do our best to provide quality Services but we do not warrant that they will be continuously available or fault free and without variance. Where the Service is being used for the purposes of carrying out business, we will not be liable for any loss of revenue by a subscriber relying on the Service for their own business purposes.
We will provide you with the Equipment necessary for you to receive the Service. When we attend your premises for the purpose of installing the Equipment, you must provide safe access to your premises for the purpose of installing the Equipment. You must provide electricity and powerpoints for the Equipment at your own expense. Digicel will retain ownership in the Equipment and can recover in the event of termination or on account of relocation.
We do not represent or warrant that the Service or our related products and services shall be available in all parts of Tonga. The quality and availability of the Service may vary from place to place and time to time. We do not represent or warrant that the operation of the Service or our related products and services will be uninterrupted, timely, secure or error-free or that it will meet your or any other person’s specific requirements.
We will endeavour to remedy any loss of service to a subscriber’s internet connection within 24 hours of notice being received from the subscriber of such loss of service, by means of telephone contact with Customer Care, where this loss of service is not due to any problem affecting the entire network or specific access points affecting a number of subscribers. If such loss of service has not been resolved within the 24 hour period, we may at our sole discretion, provide a pro rata credit for the period of outage to the Account of the subscriber in the next billing cycle. You will only be credited for outages occurring during business hours and any credit paid to the Account of the subscriber shall be limited to a maximum of five (5) days, irrespective of the actual period of outage. Diginet may also provide an afterhours service to remedy any disruption to service and this will incur a service charge which may vary from time to time as listed on the Website. Payment for such afterhours service must be made by the subscriber in conjunction with their monthly subscription in the next billing cycle.
You use the Service at your own risk and you are solely responsible for adopting such appropriate security measures against unauthorised access to and interference with the Equipment or Service (or associated software/hardware and data) as may be necessary.
We may modify or suspend the Service and our related products and services wholly or partially, with or without notice, if we, in our sole discretion, reasonably believe it to be necessary or consider that such action is necessary or desirable for the purpose of upgrading, maintaining, modifying or otherwise altering the Network or other systems or if such action is required or reasonably requested of us by an authorised authority. We shall attempt to minimise such Service disruptions.
We reserve the right, without prejudice to any other provisions of this Agreement, to issue reasonable instructions concerning the use of the Service and/or the Network as may be necessary in the interests of safety, quality of service, other customers or telecommunications services as a whole, or for any other reason that we consider is necessary or desirable.
We make no representation and give no warranty as to the quality, availability, suitability, authenticity or timeliness of any service provided by a third party. We reserve the right to suspend or withdraw access to all or any such services provided by a third party on a temporary or permanent basis at any time. Your use of such services provided by a third party is at your sole risk and we shall not be responsible or liable for any loss or damage suffered by you arising from the use of such services. You acknowledge that we may be required to pass on charges to you for such services.
It is a condition of the use of the Service that you agree and acknowledge that:
- (A) Diginet is not responsible for the content of the Service and does not endorse that content in any way; and
- (B) Diginet is not under any obligation to monitor, control or censor the content of the Service.
Diginet shall normally offer a range of price lists with different tariffs and methods of charging. You are advised to read the relevant Diginet price lists and tariff rules, the details of which are available from us, our authorised dealers, the Customer Care Centre and from our Website and/or media. Tariff rates and tariff rules may vary depending on usage of the Service. Our price lists, tariffs and tariff rules for the Service also form part of this Agreement and may, in the absolute discretion of Diginet, be amended from time to time. We reserve the right to amend such price lists, tariffs and tariff rules and will notify you of such amendment by notice in writing or by any other means we choose, such as via printed collateral, including outdoor signage, national media, our Website, SMS, voice message or email. You agree that using the Service after our notice of amendment shall be deemed acceptance of that amendment. Diginet reserves the right to cease offering, modify and/or replace its price lists and rules from time to time for any reason, including due to currency devaluation.
6. Payment
You are connected to the Service by paying an initial connection fee as per our price list. To continue using the Service you pay a fixed amount to us each month, with the invoice for such fixed amount sent on the first business day of each month for the services provided the previous month. You agree to pay for the Service we provide to you, and related services, no matter who uses them. Service charges, CT (which will be added on charges where applicable), regulatory fees, surcharges and other charges or taxes incurred in relation to the Service will be added to your Account and will form part of it.
You agree to provide us with accurate billing information including your legal name, postal address and telephone number.
We are not liable for any loss or damage suffered as a result of the use of, or failure in, any methods or services used by you for the payment of invoices. We are in no way obligated to provide Service to you if you have defaulted in payment of any sums due by you. You agree that, in this event, we may charge a reconnection fee and/or revise your payment terms and/or restrict your Service/feature types, prior to restoration of the Service. Should you refuse to accept this Agreement, we reserve the right to refuse to reconnect you.
Invoices will be sent to your billing address unless otherwise specified.
Invoices will be deemed to have been received by you two (2) business days after the date that we have sent them to you, whether or not you have received them. Payment is due before the twentieth (20) day of the billing month.
Invoices are available by methods other than by post by contacting our Customer Care Centre. We will not be held responsible for non-receipt of invoices delivered by post. You must continue to make payments even when postal service is disrupted. We reserve the right to contact you by methods other than post to seek payment of amounts due. All invoices generated will be available for reprint on request.
We reserve the right to change billing cycles and/or to issue interim invoices.
You agree to pay any costs that we incur in collecting outstanding monies from you after the due date for payment.
7. Foreign Currency Transaction
The amount of any transaction charged in any currency other than Pa’anga (TOP) will be billed and payable by you in TOP. We will make conversion from a foreign currency to TOP at a rate of exchange determined by a bank in Tonga, plus any transaction charges, on the date we receive notification of the transaction and the relevant amount to be charged to your Account.
8. Numbers, Equipment and Connection to the Network
You shall not have any proprietary rights whatsoever in any number allocated to you by us from time to time. We reserve the right at any time to alter or replace a number allocated to you or any other person at any time. We will use reasonable efforts to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such a change.
We shall issue you with, and license you to use, the Equipment on the condition that the Equipment shall remain our sole property and shall be returned to us upon a request from us or anyone authorised to act on our behalf. You must not interfere with or destroy the Equipment for any reason or allow it to be handed over to any other carrier (without our prior written consent). Any Equipment that is lost, stolen or damaged (through no fault of ours or the manufacturer) will require payment from you for its replacement, exchange or repair. You will be required to pay for all Service charges up to the time you notify us of the loss or theft of your Equipment and your Account is deactivated.
The Equipment is your responsibility. You must take every precaution to keep it safe. You may only connect to the Service using Equipment, as well as related accessories that we have approved. We may from time to time specify the type of accessories that may be connected to or used by you in respect of the Service including Voice over Internet Protocol services. You must immediately disconnect any accessories, equipment or device from the Network which are not approved or do not comply with our specifications. In no event shall you interfere with any Equipment provided to you by us for use with the Service. We accept no responsibility for the maintenance, repair or condition of accessories, equipment or devices which are not our property or have not been supplied by us and you will maintain all Equipment and approved accessories which are used for or connected to the Service in good condition. We reserve the right to access the property in order to ensure that these terms and conditions are being adhered to.
Warranty conditions are available at any of our stores or by calling our Customer Care Centre.
10. Fair Usage Policy
This Service is provided on a shared bandwidth network. To ensure best service for all customers, any subscriber using excessive bandwidth will be subject to a Fair Usage Policy. We reserve the right to reduce bandwidth allowances for subscribers demonstrating such excessive usage in any given monthly period. We may, at our absolute discretion, have the subscribed bandwidth re-allocated at the beginning of the following month’s billing cycle.
11. Customer Information and Disclosure
You acknowledge and expressly agree to us, and companies in our group, collecting information about you. Such information may be collected from you and others or generated within our Network when you or anyone else uses the Service or any other service.
You acknowledge and expressly consent to us, and companies in our group, using your information for any lawful purpose including providing you with the Service, Account management, billing, debt collection, credit assessments, directory purposes, market research, customer profiling, product and service development, marketing and customer care.
Your customer information may be retained for a reasonable period of time in a secure environment. You acknowledge that calls to our Customer Care Centre may be recorded for training and quality control purposes.
You acknowledge and expressly consent to us, and companies in our group, disclosing your information to third parties (such as to our agents, credit agents and other carriers) for purposes including credit referencing, fraud detection and prevention, debt collection, investigating insurance claims, directory purposes, for any reason required by law and for any other lawful purpose.
You may ask to see your Account information and any other information that we hold about you and ask for any details that are wrong to be corrected. We reserve the right to refuse such a request where we are unable to verify that the person requesting the information is in fact you or a person authorised by you. We shall not be liable for the disclosure or non-disclosure of such information or for any inaccuracy or lack of completeness of any information disclosed.
You agree that we may contact any person or reference provided by you to verify the accuracy of your Account details. You acknowledge that we, or our agents, may from time to time contact you by post, telephone, in person, email or text message regarding details of promotions, competitions or our other products and services. You hereby expressly consent to such contacts. If you no longer wish to be contacted in such a manner please notify us in writing.
In addition we may, without notice, bar Services and or suspend or terminate this Agreement wholly or partially for any of the following reasons:
- (A) you supply or have supplied at any time false, inaccurate or misleading information to us;
- (B) you fail to observe and/or comply with any provisions of this Agreement or any relevant law or any of our intellectual property rights;
- (C) if for any reason we are unable to provide the Service to you or if intermittent checks, modifications and/or maintenance are deemed necessary to the Network;
- (D) you fail to pay us any sums due under this Agreement or any other agreement between us and you on the due date specified in the invoice, notwithstanding the issue of any invoices thereafter;
- (E) if we have any reasonable grounds to believe that you are a credit risk and may not be able to pay for the Service;
- (F) you are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors;
- (G) you die or, in the case of a partnership, it is or is intended to be dissolved;
- (H) your usage of the Service is unusual or excessive;
- (I) you notify us that your Equipment has been lost or stolen; or
- (J) we are reasonably of the view that you are conspiring to defraud us or interfere with the operation and quality of our Network, including without limitation causing congestion.
We do not need to suspend your Service before we terminate this Agreement.
Should your access to the Service be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide the Service to you. During any period of Service suspension, we may disconnect you from the Network and you shall remain liable for all charges owing to us unless we decide otherwise. We reserve the right to determine whether to reconnect you to the Network or not and we may charge a reconnection fee. If you are disconnected from our Network, any credits in your Account will be forfeited.
Where we exercise any of our powers under this clause, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to us. We may, voluntarily and at our sole discretion, terminate this Agreement by giving you at least one (1) month’s notice.
You may not terminate this Agreement during the minimum twelve (12) month Service period. Thereafter, you may terminate this Agreement by contacting our Customer Care Centre. This Agreement will terminate on a date one (1) month after we receive your notice of termination, during which time you will continue to be bound by the terms and conditions of this Agreement. You further agree to pay all amounts owing to us, including any disconnection fee and other fees that may apply.
On termination of this Agreement (for whatever reason):
- (A) your right to use the Service ceases immediately;
- (B) all fees and charges for use of the Service and all other amounts owing by you to us (including any outstanding payments in respect of the Equipment) become immediately due and payable;
- (C) you shall return the Equipment to us;
- (D) you shall not be entitled to any refund for any amounts paid in advance to us under the Agreement.
13. Rights and Responsibilities that Continue
The termination of this Agreement does not affect any rights and responsibilities which are intended to continue or to come into existence after this Agreement ends, such as restricting the use of any other of our property and the payment of any outstanding debt or sums due to us.
14. Force Majeure
If we are prevented from carrying out any obligation in this Agreement by reason of any act of God, act of State, act of a national or international regulatory body, riot, insurrection, civil commotion, strike, sanctions, boycott, carrier dispute, embargo, an act or default of any supplier, agent or other person, fire, flood or natural disaster, or any other circumstance which in our sole opinion is beyond our reasonable control, our performance of this Agreement will, to the extent that it is made impossible under the circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any such obligation set out in this Agreement.
To the maximum extent permitted by law, Diginet, its officers and employees, will not be liable for any loss or damage, whether arising in contract, tort or otherwise, sustained by you or any other person which may be sustained in connection with this Agreement or the subject matter of this Agreement. Such loss or damage may include, but is not limited to, direct or indirect loss or damage caused by the negligence or wilful act or default of Diginet or others, whether consequential or otherwise and whether or not such loss or damage is reasonably foreseeable. This Agreement contains all the warranties and conditions given by Diginet in connection with the subject matter of this Agreement and to the extent that Diginet may exclude any warranties or conditions which might otherwise be implied by any legislation, then Diginet excludes from application all such implied warranties and conditions.
If for any reason we are liable to you in any way, then our liability in respect of a claim or series of claims by you, or anyone claiming through you, will at all times be limited to the total amount of all payments made by you in the 6 month period immediately prior to the date of your claim.
The exclusions and limitations set out in this clause also apply for the benefit of the following people: every Diginet company or Diginet-approved agent; other network operators we allow to use the Network or who allow us to use their networks; every officer, employee, contractor and everyone else any of the people listed above is responsible for; and anyone else we get to perform our responsibilities under any agreement you have with us. These exclusions and limitations apply to whatever you are claiming for and in whatever way any liability might arise if it were not for the existence of this clause.
The above exclusions and limitations apply to whatever you are claiming for and in whatever way any liability might arise if it were not for the existence of this clause.
16. Hold Harmless
You will indemnify and hold us harmless against all loss, damage and injury caused to the Service and Network as a result of your negligence or failure to abide by this Agreement and all claims made by third parties arising out of your act or omission in conjunction with the Service provided by us.
If a provision of this Agreement is determined by any competent authority to be illegal, invalid or unenforceable in whole or in part for any reason whatsoever, then that provision is severed to the extent of its illegality, unenforceability or invalidity and the remainder of the Agreement shall remain in full force and effect. The parties shall use their best efforts to replace the severed provision by an enforceable provision that is as close to the original provision as possible.
18. Waiver
Any waiver, concession or extra time permitted by us is limited to the specific circumstances in which it is given and does not affect our rights under this Agreement in any other way.
If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.