(Effective February 5th 2015)
1. ACCEPTANCE OF TERMS
1.1 Welcome and thank you for choosing GTT’s Broadband Internet Service as your gateway to the Internet. Before using the Service, you are advised to familiarize yourself with this Service Agreement (“Agreement”). This Agreement is between GTT and you for the GTT Broadband Internet Service. It consists of these Terms and Conditions, all of the material associated with the service application process, GTT’s General Regulations, which can be found in every Telephone Directory, and GTT’s Acceptable Use Policies.
1.2 By using the Service you confirm your agreement to these Terms and Conditions. GTT reserves the right to amend these terms and conditions from time to time without notice. Amendments become effective from the date they are posted to GTT’s website at www.gtt.co.gy.
1.3 You agree to periodically check the GTT website to ascertain whether any amendments are posted and to familiarize yourself with same. If at any time after you have read the Subscriber Agreement or its amendments you do not agree to be bound by the terms, you should immediately end your use of the Service and terminate your subscription.
2.1 In this Agreement (“Agreement”),
“Account Activation” refers to the point at which the subscriber signs up and pays for service. Service is neither usable nor billable at this stage.
“GTT,” “we,” and “our” means GTT and its Third Parties authorized to provide you with the Service.
“Service”/”Services” means GTT’s Broadband Internet Service which can provide both high-speed Internet access as well as value-added Internet Services.
“Service Activation” means service turn-up at which point the Service is useable and billable.
“Service Installation” refers to the connections required at the customer’s end for the service to work.
"Software" means any software owned by GTT or its Third Parties that relates to your use of the Service, that enables the Service to function or that we make available to you in connection with the Service.
"Third Parties” means GTT’s agents, licensors, and suppliers, as well as any third-party distributors of the Service, Equipment or Software or third-party information providers to the Service,
“You”/”Your” means you or any other person or entity using the Service or any part of the Service
3. THE SERVICE
3.1 GTT’s Broadband Internet Service provides a “burstable,” high-speed connection from your premises to the Internet via GTT’s domestic telecommunications infrastructure and GTT's Internet network.
3.2 The Service is provided on a "best effort" basis with no guarantee of “upload” or “download” speeds. You acknowledge and agree that the actual speed of the Service experienced by you may vary and depends on a number of factors, such as the location of your residence and the quality of the telephone line (copper plant) that serves you, the amount of traffic on the Internet, the ability of your computer to process data, environmental factors, and other factors beyond our control and that no minimum level of speed is guaranteed.
3.3 The service is not intended to facilitate international telephony service and you shall not attempt to use the Service for international telephony traffic Bypass [i.e. bringing in or sending out international telephone calls] nor for any other purpose prohibited by the Telecommunications Act of 1990.
4. SERVICE QUALIFICATION AND ACCOUNT ACTIVATION
4.1 To be eligible to receive the Service you must be at least 18 years of age and your service address must be in a geographical area served by a GTT Broadband Internet node. To purchase the Service, you must provide GTT with a copy of your official identification and a signed copy of the completed service application form.
4.2 You are responsible for providing, at your own expense, the requisite Broadband Internet modem. You may either purchase the modem from us or acquire one that meets our technical specifications and is subject to our certification.
5. SERVICE INSTALLATION
5.1 The GTT Broadband Internet Service is essentially “plug & play.” As such, you are responsible for service installation (i.e. making all of the cable connections required at your end for the service to work). However, in the event that the telephone line which will deliver the Service terminates on a PBX (Key system), GTT’s technicians must complete service installation at your end. In the circumstances, you have an obligation to inform GTT at the time of service application that the telephone line which will deliver the Service terminates on a PBX (Key System).
5.2 If you require GTT’s technicians to complete Service installation, this activity will be completed within 7 working days from the date of account activation. Installations are scheduled on Mondays through Fridays between 8:00AM and 5:00PM (except Holidays). Installation usually requires one to two hours and causes a brief disruption in your telephone service.
5.3 Service installation, inspection, maintenance, and repair, and the removal of equipment may result in service outage or potential damage to your computer. Therefore, you are solely responsible for backing up all your computer files and data. GTT and its Third Parties shall have no liability whatsoever for any damage to, or loss or destruction of, any files, hardware, software, data, or peripherals as a result of these activities. Further, you assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card) or Broadband Service modem.
6. QUALITY CUSTOMER CARE
6.1 This Agreement does not cover on-site technical support. If you have any questions about your account or the use of the Service, need assistance to troubleshoot a problem, want to report a fault with your Service, or wish to update the information you gave during registration, you may contact our Call Centre by dialing toll-free to 0488 and follow the prompts to reach the appropriate Customer Representatives.
6.2 You may also send us e-mail at firstname.lastname@example.org. All such email should include your name, telephone number and Account Number.
6.3 It is your responsibility to report problems and/or request assistance. Thereafter, a technician will make a visit. GTT will not be held responsible for service outages that are not reported by you.
6.4 At the time of service application you must specify an e-mail address that can be used to contact you. GTT may use this e-mail address to send you Notices, important information, and marketing/promotional information.
7.1 As a Broadband Internet Service customer, you share with us various types of information about yourself that we use to conduct business with you. GTT will not disclose your customer-identifiable information.
8. USE OF THE SERVICE
8.1 You acknowledge and agree that extending the Broadband Internet Service to an address other than your service address (using any type of device, equipment, or multiple computers) without GTT’s express written permission constitutes an improper use of the service and is prohibited. Further, you acknowledge and agree that GTT may terminate the Service and this Agreement under Section 11 below for violating this provision.
8.2 You agree that the Service will be used exclusively for the purpose stated on the service application form. In other words, residential service will be used solely for residential purposes and business service for business purposes.
8.3 You acknowledge that you have agreed to these Terms and Conditions on behalf of anyone who uses your Service. For the avoidance of doubt, you acknowledge and agree that you are solely responsible and liable for any violations of the terms of this Agreement, whether by you or by any other user of your Service.
9. CHARGE AND PAYMENT
9.1 With effect from February 5th 2015 GTT’s Broadband Internet Service will be billed in arrears rather than pre-paid. This means that all services activated as of this date, will be billed at the end of the month in question and payment will fall due no later than 10th of the following month.
9.2 At the time of account activation, you are required to pay for your first month’s service. The initial monthly recurring charge is never prorated, regardless of the point in the month that your application is made or your service activated. However, under the bill-in-arrears regime, depending on the date of service activation, the excess monthly charge paid will be credited to your next bill, provided always that you would have incurred no additional charges (e.g. those associated with a service upgrade).
9.3 Our Service is “plug and play” so you are responsible for service installation at your end. If you request GTT’s Technicians’ assistance with installation you will be required to pay a Service Installation Fee of G$4,500 (plus VAT). GTT reserves the right to waive this fee in its sole discretion.
9.4 Whether you or GTT’s technicians complete service installation, monthly billing commences once your service order is processed and closed and your service is activated (turned-up).
9.5 If your service is disconnected for any reason, including failure to pay your bill on time, service restoration will require the payment of a reconnection fee of G$500 (plus VAT).
9.6 You acknowledge that this is a fixed-location service and that consequently, moving the Service to a different service address will require that you apply to have the service relocated. You acknowledge too that, being a fixed location service, the Service may not be moved to a different location, residence or business, (even if the telephone number for the Service remains the same), or to a different phone number, without GTT’s approval.
9.7 You must pay all taxes and any other statutory imposts that GTT is required to collect from you for the Service, unless you can show, with documentation satisfactory to us, that you are exempted.
9.8 You agree to pay GTT for all charges related to your service and all applicable taxes, in accordance with this Agreement and at the prevailing rates. GTT shall have the right to suspend your service for failure to pay your bill in a timely manner. Service rates may increase from time-to-time. When and if they do, GTT will notify you of the change by way of SMS or email at least one month before the new rates become effective. GTT reserves the right to reduce rates without providing advance notice.
10.1 This Agreement is on a month-to-month basis. It automatically renews every month unless you notify us in writing of your intention to cancel.
10.2 If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to cancel the Agreement by terminating the service. You may cancel the Agreement at any time. Cancellation must be in writing and must be addressed to Broadband Internet Support Service Center, Telephone House, Brickdam, Georgetown, at least 30 days prior to the effective date of cancellation.
10.3 Once your service has been activated (turned-up), cancellations received less than 30 days in advance will take effect the last day of the following month, unless the customer specifies a cancellation date after that date.
10.4 If you order the service and wish to cancel it before GTT completes service provisioning and activation, all payments made will be fully refunded. If you order the service and wish to cancel it after GTT has provisioned the facilities (assigned the circuit) to deliver the service and activated the service, no refund can made.
11. TERMINATION OR CANCELLATION OF THE SERVICE
11.1 You may cancel the Services at any time in accordance with Section 10.2 of this Agreement. GTT does not monitor your circuit for activity and absence of activity for any reason or termination of your telephone service does not constitute a cancellation of this Agreement.
11.2 In addition to any other remedies available, GTT may immediately (without notice and without liability to you) suspend, restrict or cancel provision of Service if any of the following occurs:
i. we deem in our absolute discretion that such action is necessary in order to protect against fraudulent or illegal use or to otherwise protect the company, its equipment, network or facilities;
ii. we receive complaints or claims from content providers abroad regarding your use of the Service;
iii. you fail to comply with your obligations pursuant to this Agreement
iv. you fail to pay the applicable charges for the Service--or any other service supplied to you by us, on or before the due date.
v. The PUC Orders us to discontinue the sale of Broadband Internet Service.
11.3 In addition to our cancellation rights under Section 11.2 above, we may cancel the Service and this Agreement for any other reason by providing you with written notice (by e-mail, SMS or postal mail) of such cancellation no less than 30 days prior to date of cancellation.
11.4 You must pay all outstanding charges for the suspended, canceled, or restricted Services, including payment of any bills that remain due after the date of suspension, restriction, or cancellation. Subject to Section 13(xiii) of this Agreement, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us.
12. ADDITIONAL RIGHTS AND OBLIGATIONS
i. We operate and maintain the Service contingent upon i) our ability to maintain our licenses and permits, and ii) availability of network capacity and connections.
ii. We are not responsible for installation, maintenance, compatibility or performance of any equipment or software not provided by us, and if such equipment or software impairs the Service, you remain liable for your recurring monthly payment. If such equipment and software, not provided by us, constitutes a hazard or could cause service obstruction, you will eliminate the said equipment and/or software at our request.
iii. You will give us and our Third Parties reasonable access to your premises at all reasonable times.
iv. You agree to use the Service in accordance with this Agreement and GTT’s Acceptable Use Policy a copy of which may be obtained at any time from GTT Business Offices. We reserve the right to make changes to the Acceptable Use Policy without notice. Such changes will become effective from the date on which they are posted on the website.
v. You will be solely responsible for providing for any security that you may desire for your computer and any data stored on that computer or accessed through the Service. You acknowledge and assume all liabilities relating to, and risks associated with, unauthorized access to your computer and data unauthorized parties via the Service.
vi. We may, from time-to-time, communicate security issues to you when misuse is observed or reported by others. Although we have no obligation to monitor the Service, we may do so and disclose information gained from such monitoring in order to i) satisfy any law, regulation or governmental request, ii) operate the Service and administer our networks, and/or iii) protect ourselves and all users.
vii. Your Broadband Internet Service shares the telephone line that delivers it, so disconnection of your telephone service for non-payment may result in disruption of the Broadband Internet Service. It is your sole responsibility to ensure that your telephone service is not suspended or disconnected for non-payment since this does not relieve you of the routine monthly charge for the Broadband Internet Service or other contractual obligations.
13. WARRANTIES AND LIABILITIES
i. You understand that we do not operate or control the Internet.
ii. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE INTERNET.
iii. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS REGARDING ANY MERCHANDISE, INFORMATION,
iv. PRODUCTS OR SERVICES PROVIDED THROUGH THE INTERNET.
v. We do not, in any manner, warrant any item of equipment provided by us. We will, however, transfer to you (to the extent permitted by an equipment supplier) any warranty provided to us by such supplier, with GTT retaining the authority to exercise your rights there under until the discontinuation of service.
vi. THE SERVICE IS PROVIDED ON AN ""AS IS""AND ""AS AVAILABLE"" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
vii. NO ADVICE OR INFORMATION GIVEN BY OUR THIRD-PARTIES (INCLUDING ADVICE AND INFORMATION WITH RESPECT TO ANY EQUIPMENT THAT MAY BE RECOMMENDED FOR PURCHASE AND/OR USE WITH THE SERVICE) SHALL CREATE A WARRANTY.
viii. We shall not be liable for, and are excused from, any failure or delay in performance that is due to acts of God, acts of civil or military authority, riots, civil unrest, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, floods, unusually severe weather, epidemics, or due to any other cause beyond our reasonable control.
ix. UNDER NO CIRCUMSTANCES SHALL WE OR OUR THIRD PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS, THEFT, OR DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
x. Notwithstanding anything to the contrary stated herein, our maximum liability hereunder will not exceed an amount equal to the total of the monthly recurring charges paid by you for the twelve (12) months preceding the month during which such liability arises.
xi. You shall defend, protect and hold harmless GTT and its Third parties from and against any liabilities, actions, losses, costs, or claims incurred as a result of i) any use or misuse of the Service (whether by you or any other party), or ii) any claims arising out of the use of any equipment or software provided with the Service, based on the alleged infringement or misappropriation of any intellectual or other property rights.
xii. The Parties expressly agree that this Agreement does not give rise to any third party being a third party beneficiary or being entitled to any rights whatsoever.
xiii. In the event an action is brought by us against you to enforce this Agreement, in addition to any other remedy available to GTT, the Customer shall reimburse GTT for reasonable attorneys' fees and expenses of any kind or nature incurred in connection therewith.
i. No Use of Names: Neither Party may use the other's name in trademark, trade names or other proprietary identifying symbols without the prior written approval of the other Party.
ii. Monthly Invoice: We undertake to provide an SMS notification system to remind you of the due date of your monthly service payment. However, failure to receive such notification shall not constitute an acceptable excuse for late- or non-payment.
iii. Notices: Any notice and similar communications from you to us concerning this Agreement ("Notice") will be in writing, and will be either i) delivered in person, ii) sent by registered mail, iii) sent by FAX (followed up immediately by regular mail), or iv) sent via email (followed up immediately by regular mail). A Notice will be considered given when delivered in the manner prescribed in this paragraph. Notices will be delivered or sent to the following addresses or to such other address as either party may hereafter establish by notice given in the manner prescribed in this paragraph: (i) if to you: to e-mail and relevant billing addresses, and (ii) if to GTT: email@example.com and to Broadband Internet Support Service Center, P.O. Box 10628, Telephone House, Brickdam, Georgetown.
iv. Assignment: We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
v. No Resale: You may not resell the Service or otherwise assign or transfer this Agreement or any rights or obligations under it without our prior written consent.
vi. Separability: In the event that one or more of the provisions herein is/are, for any reason, held to be illegal or unenforceable, this Agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable; provided, however, that this Agreement as revised is consistent with the Parties' original intent.
vii. No Waiver of Rights: Either party's failure to insist upon strict performance of the terms of this Agreement or to exercise any rights or remedies hereunder shall not constitute a waiver of its rights to require strict performance of such terms, to assert any of the same rights, or to rely on any such terms any time thereafter.
viii. Governing Law: This Agreement is made in, governed by and subject to the laws and the jurisdiction of the courts of Guyana.
ix. Commencement of Action: Any cause of action you may have with respect to the Service must be commenced within one (1) year of the claim or cause of action arising or such claim or cause of action will be barred.
x. Independent Contractors: The Parties are independent contracting parties, and this Agreement will not constitute the parties as principal and agent, partners, joint-venture partners, or employer and employee.
viii. No Addition to Terms: No customer service authorization or similar documents will vary or add to the terms of this Agreement.
xi. Entire Agreement: This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof, and it supersedes all prior or contemporaneous oral or written agreements, understandings and representations.
Amendment effective: February 5th 2015