General Terms and Conditions Applicable to Product
- The Guyana Telephone and Telegraph Company (‘GTT+’) shall provide DSL Fiber services to the Customer as requested in the application form hereof and as outlined in the agreement with GTT+ for these services
- This agreement shall become effective as from the date that the parties set their signatures to the agreement pertaining to these services provided that GTT+ shall not be expected to provide the requested service on the date of attestation.
- This agreement shall be valid for a period of not less than (1) year and shall be terminated by either party only in accordance with the laws and regulations governing this agreement.
- GTT+ shall during the term of this agreement provide and maintain the efficient working order of all lines, equipment and apparatus needed to provide service to the Customer under this agreement provided that GTT+ shall not be responsible for the cost of repairs of such lines, equipment and apparatus as occasioned by the misuse of negligence of the Customer, his servants or agents.
- GTT+ shall retain ownership of all lines, equipment and apparatus provided to the Customer including telephone numbers and exchange codes.
- GTT+ undertakes to provide the service subscribed for by the Customer at the price in effect for each billing period.
- The Customer agrees to advanced payments to GTT+, in accordance with the prices set forth by GTT+, in exchange for the provision of the internet service.
- The Customer commits, agrees and understand that his/her subscription is for in-house use purposes only. Therefore, the Customer agrees not to connect, waive, commercially use, resell for any third party, sublease, connect to the local or international networks or distribute the service to any housing or accommodation whatever or commercial or non-commercial offices, residential compounds, multiple flats or houses.
- GTT+ will not be held accountable to compensate the Customer for any defect and/or error at the disposal of the second party, caused by the official authorities and/or any reasons beyond the reasonable control of the party first.
- If cancellation takes place before the contract expiration date; the Customer is obliged to comply with an Early Termination Fee of two (2) months service based on the plan active at time of cancellation
- The standard duration of this agreement, once the trial period has been completed will be either for:
- A minimum period of 12 months when you order the services and your equipment is provided as a Network Access Charge at $600 per month; or
- We may specify a different, bespoke period for short term rental and complex jobs, if both GTT+ and the Customer agree to this and is accepted by GTT+ in writing at the time of you order. At the end of the period the Customer will be entitled to terminate the service by giving 30 days’ written notice to us (further details about leaving the service are set out in ending this Agreement).
Special Terms and Conditions Applicable to Product
- Charges for Installation
- An non-refundable installation fee of $12,000 is payable for new service activation and relocation of service if the Customer relocated to a property where our equipment is already installed on the building and the fee is that of our standard charge for installation according to the published.
- Our installer(s) will have to work both internally and externally at the Customer’s premises for which they will require suitable access. Therefore, the Customer agrees to, at his/her own expense and in advance of installation:
- Obtain all necessary consents including landlord, occupier and other buildings consents for both access and installation of the equipment and for on-going maintenance of such equipment; and
- Provide full, free and safe access to relevant premises, and a suitable environment for the equipment including all necessary cable ducts and electricity supply;
- The installer(s) will fit the equipment and will demonstrate a working system on their equipment. They will have no responsibility to configure the Customer’s equipment or network as a part of the installation.
- A standard installation includes the provision of one network connection.
- Quality of Services.
- We have the right to change or suspend the services where we reasonably determine that any technical modification to the network or change in our trading, operating or business practices or policy is necessary to maintain or improve the services which we provide to you.
- In order that GTT+ can continue to offer the highest of quality internet access and other related services such as hosting etc., GTT+ reserves the right to effect changes to the rules of operation, accessibility and security procedures and the provision, type and location of the service. General network and other related maintenance will be performed during non-peak times and will generally be communicated to GTT+’s Customer in advance, to the email or mobile phone number that was provided at time of sign up. From time to time, network maintenance is performed by our providers and adequate time is not always provided for us to notify our Customers.
- Where we offer services that have unlimited data consumption this does not mean that these tariffs are free from network management protocols which are in place to manage excessive or above average data consumption. All our products (unless they are specifically noted as uncontended or dedicated bandwidth) have systems in place to ensure that at times of peak network activity users who consume substantially more network resource than the majority may have their connection throttled or slowed down. This is common to all broadband services both terrestrial and those operating via FTTH. Also at peak times, certain types of resource heavy traffic maybe assigned a lower priority on the network.
- Promotional Offers.
GTT+ may offer promotional pricing and free trials of Services to its customers from time to time. Such offers may only be offered to new customers and you may not be eligible for some or all of the offers. These offers are not guaranteed and can be modified, extended, altered, or cancelled by GTT+ at any time without notice. Pricing of promotional offers for Services is considered as confidential information by GTT+ and you shall not share or disclose the terms of the promotion with a third-party without the express written consent of GTT+.
If you are enrolled in a free trial of a GTT+ service, you must notify the relevant GTT+ personnel that you do not want to continue using the service at least seven (7) days before the trial period expires. Should you fail to notify GTT+ of your intention to cancel the use of these Services beyond the trial period, you will be deemed to have subscribed to such Services and may be charged the associated fees for continued usage of such Services.
- Terms applicable to Disruption of Services. Credit allowance for interruptions of service which are not due to the GTT+’s testing or adjusting, or due to negligence of the Customer, or to the failure of channels, equipment and/or communications systems provided by the Customer, are subject to the general liability provisions set forth herein. It shall be the obligation of the Customer to notify GTT+ of any interruption in service. Before giving such notice, the Customer shall ascertain that the fault is not being caused by any action or omission of the Customer, not within his control, or is not in the wiring or equipment connected to the terminal of GTT+.
- Equipment. Customer grants GTT+ the right to install, inspect, replace, repair, relocate, alter, operate, remove and maintain its equipment (the “system”) in, under and upon the premises at the designated service location(s).Customer, at no cost to GTT+, shall secure and maintain all necessary rights of access to the service location(s) for GTT+ to install and provide the Services. Customer further agrees:
- to provide GTT+’s representative with access at reasonable times to the premises to install, inspect, replace, repair, relocate, alter, operate, remove and maintain the system supplied by GTT+ and, upon the termination of service, to remove the system from the premises (it being understood that GTT+’s failure to remove its property shall not be deemed an abandonment thereof);
- not to permit, allow or encourage any other provider of Internet or telecommunications services to utilize any component part or portion of the system installed by GTT+;
- not to disturb, alter or change any of the locations of any of GTT+’s systems;
- not to attach or connect any equipment or devices, directly or indirectly, to the system without the prior written consent of GTT+;
- not to utilize, interfere with or cause interference with any component part or portion of the system installed by GTT+ or permit any activity that would interfere with GTT+’s delivery of services to the service locations;
- to cooperate with GTT+ in the installation of the system;
- to provide sufficient space within the premises for installation of system equipment and components;
- that the installation may require drilling, cutting and other alterations to improvements on the premises (including walls, flooring and/or other surfaces) and that GTT+ assumes no obligation to restore or repair any such alterations or damages adjacent to such alterations (except to the extent such damages are attributable to the sole negligence of GTT+);
- to allow GTT+, in its discretion, to use for the provision of GTT+ services any existing wiring, conduit and/or other devices located within or installed upon the premises; and
- to confer upon GTT+ all other rights and privileges reasonably necessary or convenient for GTT+’s safe and efficient installation, operation and maintenance of the system and for the full enjoyment and use of the rights described above. Customer agrees to indemnify and hold GTT+ harmless from any and all claims or damages, including payment of any attorney fees and other legal costs, arising out of the breach of this section. IF GTT+’S ACCESS RIGHTS TO THE SERVICE LOCATION ARE TERMINATED OR RESTRICTED, EARLY TERMINATION FEES WILL APPLY.
- may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the requirements of these terms and conditions are being complied with in the installation, operation or maintenance of the Customer’s or the GTT+’s equipment. GTT+ may interrupt the service at any time, without penalty to itself, because of departure from any of these requirements except as provided below. Upon reasonable notice, the facilities provided by GTT+ shall be made available to the Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition. No interruption allowance will be granted from the time during which such tests and adjustments are made.
- Confidential Information. All confidential information shall be kept by the receiving party in strict confidence and shall not be disclosed to any third party without the disclosing party’s express written consent. Notwithstanding the foregoing, such information may be disclosed:
- to the receiving party’s employees, affiliates, suppliers and agents who have a need to know for the purpose of performing the agreement, using the services, rendering the services, and marketing related products and services (provided that in all cases the receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, suppliers and agents to assure against unauthorized use or disclosure); or
- as otherwise authorized by the agreement. Each party agrees to treat all confidential information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care. Notwithstanding the foregoing, each party’s confidentiality obligations hereunder shall not apply to information that is:
- already known to the receiving party without a pre-existing restriction as to disclosure or becomes publicly available without fault of the receiving party;
- rightfully obtained by the receiving party from a third party without restriction as to disclosure, or is approved for release by written authorization of the disclosing party;
- developed independently by the receiving party without use of the disclosing party’s confidential information; or
- required to be disclosed by law or regulation.
“Confidential Information” means all information regarding either party’s business which has been marked or is otherwise communicated as being “proprietary” or “confidential.” or which reasonably should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, confidential information shall include, even if not marked, the agreement, software, promotional materials, proposals, quotes, rate information, discount information, customer information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance) and invoices, as well as the parties’ communications regarding such items. Notwithstanding the foregoing, Customer agrees that: (i) GTT+ may make references to the fact that Customer is a Customer of GTT+ and the general nature of Services that Customer purchases from GTT+; and (ii) GTT+ may disclose the agreement to a potential purchaser in connection with a sale of all or a portion of its business or assets, including in connection with a merger or reorganization. The non-breaching party shall be entitled to seek equitable relief to protect its interests, but not limited to, injunctive relief.
- Penalty for Damaged Equipment. The Customer shall be surcharged the cost of any damage to equipment and facilities provided at the Customer’s premises, which results from any action other than normal wear and tear.
- Permitted Disclosure. Customer expressly grants GTT+ permission to disclose personally identifiable information relating to Customer or Customer's Account in response to a:
- government subpoena or warrant issued in a civil or criminal investigation or litigation;
- civil investigative demand issued by a government entity; or
- court order.
Customer further agrees that GTT+ may also disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.
- Responsibilities to Third Parties. GTT+ is not responsible for any information provided by Customer to third parties, and this information is not subject to the privacy provisions of the agreement or the privacy policies. Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the services.
- GTT+ Equipment Installation; Loss or Damage. In order to provide services, GTT+ must install in and upon the Customer’s premises certain equipment, including, but not limited to, cabling and related splitters, cable modems, advanced modems and converters provided by GTT+, and other equipment apparatus provided by GTT+ (excluding pre-existing conduit, cable and wiring and other equipment owned or purchased by Customer ). GTT+ will use reasonable efforts to complete any equipment installation work as necessary to activate the service ("Activation") for each service location, as applicable. GTT+ SHALL HAVE NO LIABILITY FOR ITS DELAY IN THE ACTIVATION OF A SERVICE. Customer agrees to reimburse GTT+ for any loss or damage to GTT+ facilities or equipment resulting from any cause whatsoever, unless such damage or loss is due to GTT+’s sole negligence or willful misconduct. The GTT+ equipment (including internal wiring installed by GTT+) is and at all times shall remain the sole and exclusive property of GTT+, and Customer agrees that Customer shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the equipment to the premises or otherwise. Customer will not open, alter, misuse, tamper with or remove the GTT+ equipment as and where installed by GTT+, and will not remove any markings or labels from the equipment indicating GTT+ (or its suppliers) ownership or serial or identity numbers. Upon termination of a service or services, for whatever reason, Customer acknowledges that its right to possess and use the GTT+ equipment shall likewise terminate. In such event, the GTT+ equipment shall be returned to GTT+ in the same condition as when received, ordinary wear and tear accepted. Customer will be billed by GTT+ for any charges relating to damages exceeding ordinary wear and tear. Following GTT+’s discontinuance of the services to the service location(s), GTT+ retains the right in its discretion to remove or disable any inside wiring installed and owned by GTT+. Customer agrees to safeguard the GTT+ equipment from loss or damage of any kind, and (except for any self- installation procedures approved by GTT+) will not permit anyone other than an authorized representative of GTT+ to perform any work on the GTT+ equipment. It is Customer’s responsibility to ensure that it has adequate insurance for the equipment and facilities supplied by GTT+ and for the loss of or interruption in the services. Customer is responsible for damage to, or loss of, GTT+ equipment caused by its acts or omissions, and its noncompliance with this section, or by fire, theft or other casualty at the service location(s), unless caused by the negligence or willful misconduct of GTT+. Customer agrees not to take any action that would directly or indirectly impair GTT+’s title to the GTT+ equipment, or expose GTT+ to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties. Following GTT+’s discontinuance of the services to the service location(s), GTT+ retains the right to remove the GTT+ equipment including, but not limited to, that portion of the GTT+ equipment located within the service location(s). To the extent GTT+ removes such equipment; it shall be responsible for returning the service location(s) to its prior condition, wear and tear excepted.
- Indemnification. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GTT+ ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED IN ANY WAY TO: (I) THE USE OF THE SERVICES, GTT+ EQUIPMENT OR SOFTWARE BY CUSTOMER (INCLUDING ITS EMPLOYEES, AGENTS AND OTHER USERS WHO ACCESS CUSTOMER’S ACCOUNT) OR OTHERWISE ARISING OUT OF THE USE OF CUSTOMER 'S ACCOUNT, THE SERVICES, THE GTT+ EQUIPMENT OR SOFTWARE; (II) BREACH OF THE AGREEMENT; AND/OR (III) VIOLATION OF APPLICABLE LAW, INCLUDING LAWS RELATING TO LIBEL, SLANDER, PROTECTION OF PATENTS, COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS. GTT+ RESERVES THE RIGHT TO TERMINATE OR SUSPEND THE SERVICE, AND/OR REMOVE CONTENT FROM THE SERVICE, IF GTT+ DETERMINES, IN ITS SOLE DISCRETION, THAT CUSTOMER’S USE OF THE SERVICE DOES NOT CONFORM TO THE REQUIREMENTS SET FORTH IN THE AGREEMENT, INTERFERES WITH GTT+’S ABILITY TO PROVIDE THE SERVICE, OR VIOLATES ANY LAWS OR REGULATIONS. GTT+'s ACTIONS OR INACTION UNDER THIS SECTION SHALL NOT CONSTITUTE REVIEW OR APPROVAL OF ANY USE OF THE SERVICE OR CONTENT TRANSMITTED BY CUSTOMER. CUSTOMER AGREES TO INDEMNIFY AND HOLD THE GTT+ ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM THE CONTENT TRANSMITTED BY CUSTOMER (OR ANYONE USING CUSTOMER ’S ACCOUNT) BY USE OF THE SERVICES. THE GTT+ ENTITIES ARE INTENDED THIRD PARTY BENEFICIARIES WITH A RIGHT OF ENFORCEMENT OF THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND THE INDEMNITIES CONTAINED IN THE AGREEMENT.
- Termination; Early Termination Charges. Customer shall have the right to terminate for convenience a Customer’s agreement in whole or part, at any time during the Service Term upon at least thirty (30) days prior written notice to GTT+, and subject to payment to GTT+ of all outstanding amounts due for the Services, any and all applicable termination charges as described below and the return of any and all GTT+’s equipment. Either party may terminate the agreement for cause if written notice is given to the other party at least thirty (30) days prior to termination specifying the cause for termination and requesting correction and such cause is not corrected within such thirty (30) day period. “Cause” is any material breach of the terms of the agreement. Notwithstanding the forgoing, a Customer’s agreement may also be terminated by GTT+ for cause without prior notice:
- if Customer fails to timely pay for the services;
- if Customer uses the services in violation of applicable law, or GTT+’s acceptable use or other policies;
- in accordance with any applicable tariff on file with applicable regulatory authorities; or
- if GTT+ determines in its sole discretion that the termination of services and the Customer’s agreement is necessary to protect itself, its Customers or the general public against acts of fraud and other unlawful activities. GTT+ may also terminate a Customer’s agreement immediately without incurring any liability whatsoever if:
- any national or international law makes it unlawful for GTT+ to provide a service to Customer, or
- GTT+ is unable to secure or maintain the necessary facilities or utilities required to provide a service to Customer.
Rates for the services and associated discounts are based on Customer's agreement to purchase such services for the entire applicable service term. The service term begins on the service commencement date and continues for the period of time specified in the service order, unless earlier terminated in accordance with these General Terms. Notwithstanding anything in the agreement to the contrary, Customer’s termination of a Customer’s agreement before the expiration of the agreed upon service term without cause (including a termination for convenience) or GTT+’s early termination of a Customer’s agreement for cause, will require that Customer pay to GTT+ an early termination fee calculated as follows: Two (2) months service based on the plan active at time of cancellation.
Within five (5) days of the date when services are terminated by the Customer or GTT+, the customer must accommodate GTT+ in the removal of equipment belonging to GTT+ from the Customer’s premises. If GTT+ is unable to remove the equipment from the premises within five (5) days, the customer will be charged a termination penalty of Thirty-One Thousand Guyanese Dollars (GYD$31,000.00)
- Effect of Expiration or Termination of the Agreement or a Service Order. Upon the expiration or termination of a Customer agreement for any reason:
- GTT+ may disconnect the applicable service;
- GTT+ may delete all applicable data, files, electronic messages, voicemail or other information stored on GTT+’s servers or systems;
- if Customer has terminated the Customer’s agreement prior to the expiration of the service term without cause, or if GTT+ has terminated the Customer agreement prior to the expiration of the Service Term for cause, GTT+ may assess and collect from Customer applicable termination charges;
- Customer shall permit GTT+ access to retrieve from the applicable service locations any and all GTT+’s equipment (however, if Customer fails to permit access, or if the retrieved GTT+’s equipment has been damaged and/or destroyed other than by GTT+ or its agents, normal wear and tear excepted, GTT+ may invoice Customer for the full replacement cost of the relevant GTT+ equipment, or in the event of minor damage to the retrieved GTT+ equipment, the cost of repair, which amounts shall be immediately due and payable); and
- if used in conjunction with the terminated service, Customer’s right to use applicable software shall automatically terminate, and Customer shall be obligated to return the software to GTT+.
- Product Warranty. The product warranty is noted at Appendix A of these Terms and Conditions.
- Indemnities to GTT+. The Customer agrees to defend, indemnify and hold harmless GTT+ from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from:
- any violation of applicable laws, regulations or this agreement or the Acceptable Use Policy by the Customer or any parties who use the Customer’s account, with or without permission, to access the service);
- the use of the service, any software, the equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the service);
- negligent acts, errors, or omissions by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service); and
- injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or
- Claims for infringement of any intellectual property rights arising from the use of the service, the software, the equipment or the Internet.
- Warranties by the Customer. The Customer hereby represents and warrants to GTT+ as follows:
- that the service will only be used for lawful purposes and the transmission of any material or information arising from the use of the service will not violate any applicable law or regulation of Guyana or any other jurisdiction;
- that the service will not be used in any manner to access GTT+’s computer installations for any purpose other than obtaining the service in accordance with the terms and conditions of this agreement; that the Customer is at least eighteen (18) years of age.
- the service provider may, at its absolute discretion and without notice effective immediately suspend or terminate the service;
- if the Customer fails to pay any charge or other amount due hereunder; should GTT+ in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the service, interferes with the Customer’s computer network or equipment; if the Customer otherwise commits a breach of any term of this agreement; and
- if the Customer (or any third party, with or without the Customer’s knowledge) use the Customer ’s services in a way which GTT+ reasonably thinks may damage or negatively impact the operation of our Network, the services, other users of the service or a third party’s network.
- no suspension or termination of the service will terminate the Customer’s obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. In the event that action is required to recover outstanding amounts, the Customer shall be liable for all costs of collection, including legal fees and expenses.
- should the service be suspended or terminated for any reason and should GTT+ subsequently agree, in its sole discretion, to reinstate the service, the Customer shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the service. GTT+ may choose not to reinstate the service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension.
- GTT+ does not credit partial service periods or monthly fees. In the event the Customer cancels its service before the start of the next service period, GTT+ is not obligated to refund any prorated amounts of the Customer’s monthly fee and any fees paid are non-refundable.
- General Warranties and Representations
CONNECTION WITH THE SERVICES IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY GTT+ (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT), GTT+ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY GTT+ OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF GTT+ TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
GTT+ DOES NOT WARRANT OR GUARANTEE THAT DSL FIBER SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF GTT+ HAS ACCEPTED YOUR ORDER FOR BLAZE SERVICE. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR GTT+ SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY GTT+, PURSUANT TO THE TERMS OF THESE TERMS AND CONDITIONS.
GTT+ DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY GTT+ WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. GTT+ SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. GTT+ MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. GTT+ MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL GTT+ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF GTT+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO GTT+'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH GTT+ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), GTT+’s THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
GTT+ AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS GTT+ (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR GTT+(OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF GTT+ (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
- Assignment. The parties, their heirs and assigns hereby agree to abide by terms and conditions of the agreement and by the General Regulations (of telephone service), a copy of which is posted on this website and available at the Commercial Offices of the Company and filed with Public Utilities Commission.
- Applicable Laws. The parties agree that this agreement shall at all times be subject to the terms of the licenses granted to GTT+ by the Ministry of Works and Communications pursuant to the TELECOMMUNICATION ACT 1990 and by the PUBLIC UTILITIES COMMISSION ACT 1990.
- Enforceability of Provisions. In the event that one or more of the provisions herein is 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, and that this agreement as revised is consistent with the parties' original intent. GTT+ may, upon reasonable notice to the Customer, vary these terms and conditions and the Customer will be bound by such variation if the Customer uses the service thereafter.
- Amendments and Modifications. GTT+ may revise the terms and conditions of this agreement from time to time. Customers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Customers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the service after revisions are in effect, a Customer accepts and agrees to the revisions and to abide by to the revisions and to abide by them.
- Jurisdiction. The terms and conditions are made in, governed by and subject to the laws and the jurisdiction of the Courts and tribunals of Guyana.
Product warranty covers the BLAZE Fiber-Optic service equipment. These being, the TAP Box (External Component), Battery Backup & Fiber Modem.