TERMS & CONDITIONS OF SERVICE
The Telecommunications Services of Trinidad and Tobago Limited (hereinafter referred to as “TSTT”), shall provide telephone services which shall include but not be limited to Fixed Line, Internet, Mobile and Broadcasting Services to subscribers, subject to the Terms and Conditions herein.
TSTT makes available a variety of telecommunications products and services (collectively called “Products and Services”) subject to the said Terms and Conditions. In addition there are special products and services offered by TSTT that carry separate Terms and Conditions, terms of services, user agreements or other legal agreements.
When a Customer is using any Product or Service of TSTT that does not have a separate legal arrangement and/or unless expressly stated in any such separate legal arrangement, the Terms and Conditions set forth herein shall apply.
TSTT may also supplement the Terms and Conditions herein with published guidelines and rules applicable to specific areas of its Products and/or Services.
The Products and Services, service charges, and the conditions upon which TSTT provides the Products and Services to the Customer are regulated by the Telecommunications Authority of Trinidad and Tobago (the “Authority”) and are subject to change from time to time. In the event of any change TSTT may advise the Customer accordingly.
In these terms and conditions the following words and expressions shall have the following meanings:
The numbered database in which TSTT may record the Customer’s details relevant to the provision of the Products and Services including the statement of the Customer’s charges and credits.
A Customer who TSTT reasonably believes is not a Residential Customer, including any Customer who uses Services or rents Equipment at a Service Address which falls within one or more of the following categories:
(a) An office, store, hotel, restaurant or any other place of a business nature;
(b) A boarding house with more than 5 rooms available or rent, a college, club, school, library, church, hospital or a private or public institution;
c) Any location in respect of which any title indicating a trade, occupation or profession is used;
(d) Any residential property where the Customer has no regular business telephone service and the use of the Services by the Customer, members of his / her household or his/her guests is more of business than private nature as might be indicated by any information circulated or advertised through newspapers, handbills, circulars, business cards etc;
(e) In general where the substantial use of the Services is for the use of a business, profession or occupation rather than personal.
The sum of money which the Customer is billed for the purchase, rental and/ or use of the Products and Services and includes installation charges, service charges, rental charges, usage charges reconnection charges and any other charges relating to this Agreement or to the services (including reasonable administration charges).
The subscriber, user or renter of the Services or the Equipment set out in the Customer’s Service application form.
Any telephone equipment and/or other telephone apparatus owned by the Customer not provided by TSTT.
The telephone line, outside plant and exchange facilities, equipment, modem or other telecommunications apparatus or physical component thereof provided by TSTT to Customer pursuant to any Agreement including, without limitation, the equipment or apparatus set out in Customers’ Service Application Form and the equipment, facilities or apparatus used by TSTT in provision of the Services.
The charges payable by the Customer for installation and connection of the Services.
Normal working hours 8:00 a.m. to 4:00 p.m. Monday to Friday (except Public Holidays).
A Customer whose Service Address is used solely for residential purposes.
The address at which Equipment is installed (or to which Equipment is subsequently relocated) or to which Services are provided by TSTT.
The telecommunications services provided by TSTT to Customer by means of TSTT’s national and international network including, without limitation, the telecommunications services set out in customers’ application form.
Service application form
Means the TSTT-generated document which collects the Customer’s information relevant to the provision of the Services which the Customer may sign (and TSTT may accept) for the Service(s) being ordered.
TSTT’s standard tariff of charging from time to time.
Telecommunications Services of Trinidad and Tobago Limited.
By using the Products and Services provided by TSTT the Customer agrees without qualification or limitation to be bound by and comply with these terms and conditions and any other published guidelines or rules applicable. All such guidelines are hereby incorporated into the Terms and Conditions herein.
2. INSTALLATION AND ACCESS
2.1 It is a condition of the provision of Equipment and Services that the Customer shall allow access to the Service Address at all times to TSTT employees and any other persons authorized by TSTT for the purposes of installing, maintaining, inspecting or repairing Equipment or for the purpose of exercising any of TSTT’s other rights under this Agreement Customer hereby grants permission to TSTT to run ducts and erect poles at the Service Address, whether in connection with the provision of Services to the Customer or to any other customer of TSTT without any compensation being paid therefore by TSTT.
Customer must obtain the consent of any third party which is necessary for the purposes of compliance with this clause or for the purpose of continuing use of Equipment at the Service Address.
2.2 Installation of Equipment will take place during TSTT’s Normal Working Hours but on service of notice on Customer by TSTT, Customer shall provide access to the Service Address at all other reasonable times for the purposes of installation of the Equipment. If, at Customer’s written request, installation takes place outside TSTT’s usual working hours Customer shall pay to TSTT its visit charges at TSTT’s stated rates.
2.3 If TSTT is unable to gain access to Service Address either when the Customer has been notified by TSTT that such access is required or because access is required as a result of a request by Customer, the customer shall pay TSTT its visit charges at TSTT’s stated rates.
3.1 The Customer shall make a deposit against Service in an amount to be fixed by TSTT.
3.2 Each application for Service constitutes an application for Credit facilities to be granted by TSTT to the Customer. TSTT may refuse to provide Service to any customer who refuses to furnish sufficient information to enable his/her creditworthiness to be assessed. The Customer hereby consents to the disclosure by any person selected in the absolute discretion of TSTT, of any information which will allow TSTT to assess his/her creditworthiness.
3.3 Deposits will be retained for a maximum period of six (6) months and will be returned to the Customer with interest which is determined by TSTT. In the event that Service is terminated prior to the expiry date of the deposit; it will be applied to any outstanding balance on the account, subject to settlement by Customer of any outstanding charges due to TSTT (including collect calls which may be notified to TSTT by any other telecommunication service provider after the termination date.)
TSTT shall have the right to deduct any such sums due by Customer from the deposit paid by customer and to invoice Customer for any balance. Return of a deposit shall not release Customer from its liability to pay any sums due to TSTT under this or any other Agreement.
3.3.1 New Customers and Customers who are to be reinstalled after removal for non-payment of telephone bills shall be assigned an overseas toll limit which shall be determined by TSTT on the basis of relevant information on application for service or reinstallation as the case may be.
3.3.2 All other Customers shall be assigned an overseas toll limit which shall be based on historical usage pattern.
3.3.3 TSTT may review and revise the overseas toll limit from time to time.
3.3.4 If the overseas toll limit is exceeded at any time during the Customers billing period, the Customer may be so advised and shall make such payments to bring his balance within the limit by a date specified by TSTT.
3.3.5 If the Customer fails to make payment by the date specified by TSTT pursuant to clause 3.3.4 above, TSTT may discontinue overseas access or disconnect/remove total service to that customer.
3.4 TSTT may use credit reference agencies to assist in making credit decisions or for fraud protection. Customer agrees that TSTT may register information about the Customer and the conduct of the Customer’s Account with any credit reference agency. For the purpose of fraud prevention, debt collection and credit management, information about the Customer and the conduct of the Customer’s Account may be disclosed to debt collection agencies, security agencies or financial institutions.
4. ACCOUNTS FOR CALLS AND EQUMENT RENTAL AND CONNECTION CHARGED
4.1 Accounts for Services are rendered monthly in arrears and are payable from the date of commencement of Service. Call charges shall be charged at the rates prevailing at the time of connection of the call. Charges for overseas calls and installation charges are billed after the event.
Customer shall pay all Charges to the Account in full without any set-off, deduction or withholding whatsoever. In the event that the Customer fails to pay the Charges by the payment due date, TSTT may disconnect the Service without further notice to the Customer. TSTT may charge full rates for the Equipment rental during the period of disconnection, as well as a re-connection fee for the restoration of the Service.
4.2 Equipment rental charges are payable one month in advance and subject to clause 4.3, are payable from the date of installation of the Equipment. Equipment rental charges, unless otherwise stated, include the reservation of outside plant and exchange facilities for the Customer’s use and the cost of maintenance and repair of said outside plant and exchange facilities occasioned by normal wear and tear.
4.3 Prior to installation of equipment or commencement of Services, Customer must make an advance payment towards the Account’s first month’s billing in an amount to be fixed by TSTT.
4.4 Customers should receive a statement of their Account monthly. Failure to receive Account statements does not relieve the Customer of the responsibility to pay the Charges applied to the Account. Customers who do not receive an Account statement should call or visit the most conveniently located TSTT Customer Service Centre to enquire about the Account Charges.
4.5 Except where service to the Customer has been terminated for non-payment of Charges, Accounts must be paid within thirty (30) days of the bill date displayed on the Account statement . (Failure to receive Account statements does not relieve the Customer of the responsibility to pay them.) Where service has been terminated for non-payment of charges, Accounts must be settled in full on demand, together with the payment of a re-connection fee as a condition of and prior to reinstatement.
4.6 Charges for Services and Equipment rental are set out in the Tariff. Certain charges may be fixed by the Authority.
Charges may be revised from time to time the effective date of which shall be the date of publication of such charges at TSTT’s public commercial offices or the date fixed by the Authority whichever is appropriate.
4.7 The Tariff sets out the different rates of Charges applicable to Business Customers and Residential Customers. Classification of Customer as a Business or Residential Customer is in TSTT’s sole discretion and dependent upon the information supplied by Customer in its Service Application Form and TSTT’s knowledge of Customers circumstances. Where a Customer has been reclassified from a Business Customer to a Residential Customer a new telephone number may be assigned by TSTT.
4.8 TSTT shall apply Customer’s payment of arrears to the Account in the following order of priority.
4.8.1 Any interest charges applicable.
4.8.2 The earliest outstanding payment.
4.8.3 Any re-connection charges applicable.
4.9 If the Customer wishes to query the Charges (or any of them) on the Account statement, notice of this query must be given to TSTT within 90 days after the bill date displayed on the Account statement. This notice should contain the details of the query, including, but not limited to the sum queried, the period of the queried calls, the actual calls queried (if displayed on the Account statement), and the reason for the query. TSTT shall investigate the Customer’s claim; the Customer shall be responsible for paying the Charges which are not subject to dispute. If the Customer fails to give notice of any query within the prescribed time, TSTT will consider the Account statement to be accurate and the Customer shall be required to make full payment of the Charges as stated therein. TSTT will not disconnect the Service for non-payment of a disputed Charge unless TSTT has reasonable grounds to believe that the purpose of the notice of the query is to evade or delay the payment of the Charges.
5.1 Customer may only attach, connect or utilise Customer Equipment to or with the Equipment if TSTT’s prior written consent has been obtained. Consent may be given subject to such conditions as TSTT may require and is discretionary. Consent will only be given if TSTT has been provided with the full technical specifications of Customer Equipment and a description of how and for what purposes the Equipment is to be used. Any consent given may be immediately withdrawn by TSTT by written notice at any time.
5.2 Customer Equipment may only be attached or connected to or utilized with the Equipment by means of a socket installed and maintained by TSTT unless TSTT otherwise agrees in writing.
5.3 TSTT may immediately cancel the Service and enter the Service Address to remove all Equipment installed at the Service Address, if the Customer is in breach of clause 5.1 or 5.2 or if the Customer interferes with, modifies or adapts Equipment.
5.4 TSTT’s maintenance responsibilities do not extend to Customer Equipment or any telephone equipment purchased by Customer from TSTT unless there is a maintenance agreement with TSTT in writing.
5.5 It shall be a condition of TSTT’s consent under clause 5.1 that a Customer shall not attach or connect to or utilise any Customer Equipment with Equipment, or interfere with, modify or adapt Equipment or utilise any procedure for the purpose of which has the effect avoiding, of evading or minimizing any charges for the provision of Services including but not limited to the use of Yap Jacks and similar devices.
6. TELEPHONE, FACSIMILE AND TELEX NUMBERS
6.1 The Customer has no property right in the number allocated to it and TSTT reserves the right to change in whole or in part any such number.
7. TELEPHONE DIRECTORIES
7.1 Telephone Directories are the property of TSTT and their contents may not be reproduced without the prior written consent of TSTT. TSTT accepts no liability or responsibility for errors, omissions, misplacements or other irregularities in the telephone directory contents.
No auxiliary binder or folders may be used without permission and no advertising labels or stickers may be affixed to a telephone directory.
7.2 Unless otherwise requested by Customer in writing, TSTT will make a free entry in TSTT’s standard form of a Customer’s allocated telephone number in the appropriate telephone directory.
TSTT shall have no obligation to correct any error in Customer’s entry prior to general publication of a new telephone directory.
Requests for changes in directory listings for subsequent publications should be made in writing to any of TSTT’s Customer Service Centers.
7.3 The following rules will apply to Directory White and Yellow Page listings and the Directory Assistance records of TSTT:
7.3.1 Residential and Business Subscribers will be entitled to one (1) free listing in lightface type in the White Pages of the Directory and one (1) entry in the Directory Assistance records.
7.3.2 Business Subscribers will be entitled to a lightface type listing in the Yellow Pages of the Directory.
7.4 TSTT expressly reserves to itself, the absolute right to reject any residential listing it deems to be advertising and any listing which it deems objectionable, contrary to public policy or in breach of any applicable regulations.
7.5 TSTT shall not accept Overseas Listings for inclusion in the White Pages or the Directory Assistance records of TSTT.
7.6 On payment of TSTT’s standard Charges, Customer may have its listing omitted from the telephone directory. The number will also not be available to the TSTT telephone operator.
TSTT will endeavor not to disclose such numbers except as may be required by law but TSTT accepts no liability for any claims arising directly or indirectly from any disclosure whether by the telephone directory, the operator, or by the use of any other telephone services offered by TSTT or otherwise howsoever.
7.7 The Customer is entitled to one free copy of the telephone directory for each telephone line rented by the Customer while stocks last. Additional copies of the telephone directory may be purchased at TSTT’s Directory Publications section.
7.8 The contents of TSTT’s telephone directories may not be published or reproduced in any form without TSTT’s prior written consent.
7.9 TSTT may make available to other entities which TSTT may authorize to manage its directory information, the Customer’s name, telephone number and address and his / her preference for directory entry (full listing or unlisted). This information will be used by these third parties to provide directory services, either as a published telephone directory, Internet listing or a public telephone enquiry and ancillary service. Where appropriate, TSTT may disclose this information to the emergency services. Where such telephone directory listing and Internet publications are compiled by third parties, TSTT cannot accept responsibility for any error or omission in any directory or Internet listing unless caused by TSTT’s own willful conduct or gross negligence.
8. REMOVAL OF EQUIPMENT AND/OR DISCONNECTION OF SERVICES
8.1 TSTT reserves the right to immediately disconnect services and/or enter the Service Address to remove all Equipment if Customer or, in the case in clauses 8.1.3, 8.1.4, 8.1.5, 8.1.7 or 8.1.9 any third party with Customer’s consent or otherwise:
8.1.1 Fails to make payment when due of TSTT charges for the Services or Equipment.
8.1.2 Fails to pay any deposit when requested by TSTT or fails to make payment of any sums due under clause 3.1.
8.1.3 Fails or refuses to allow an authorised representative of TSTT to inspect the equipment at the premises of the customer.
8.1.4 Fails to use the Service for the purpose as described by the customer and for the purpose as granted by TSTT.
8.1.5 Interferes with, modifies or adapts the Equipment or causes or permits any attachment connection or use of Customer Equipment with or to Equipment or causes anything to be placed in electrical contact with or to be used in such a manner or position in relation to Equipment that it transmits a message or other communication to or from such Equipment;
8.1.6 Uses offensive, abusive, indecent, obscene or menacing language while using Equipment or Services:
8.1.7 Uses the TSTT telecommunications system in a manner or for a purpose prohibited by any law (whether-primary or secondary), regulation, rule, bye-law or any international telecommunications convention;
8.1.8 In TSTT’s sole opinion Customer is in breach of this Agreement;
8.1.9 Uses or attempts to use the Services or TSTT’s telecommunications system in such a way as to avoid, evade or reduce payment of TSTT’s standard charges for the Services;
8.1.10 (being a body corporate), an order is made or an effective resolution is passed for the winding up or dissolution without winding up of the Customer or a receiver or administrative receiver or administrator is appointed in relation to Customer or (being a partnership or individual) such partnership is dissolved or Customer shall become bankrupt or die and, (whether a body corporate or an individual(s) a distress or execution or like process is levied issued enforced upon or against any of the property of Customer or an encumbrancer takes possession of any property of Customer or Customer makes or attempts to make any arrangement or composition with its creditors.
8.1.11 Operates equipment in such a manner or with any means or device that permits by-pass activity or which may circumvent, frustrate or diminish TSTT’s provision of Telecommunications Services including but not limited to call back activity, the use of yap jacks and similar devices.
8.2 In addition to its rights under clause 8.1.1 to 8.1.9 above TSTT may at any time terminate this Agreement:
8.2.1 by giving Customer 30 days prior written notice; or
8.2.2 immediately if any permit, licence or consent which TSTT requires in order to carry out its obligations under this Agreement is refused or withdrawn.
8.3 Customers are required to give a minimum of 30 days notice in writing of their requirements. Customers are again reminded that all Equipment provided to them by TSTT is the property of TSTT and must therefore not be removed from the Service Address except by TSTT’s employees or duly authorized agents, who will be provided with access by the Customer for this purpose.
8.4 Customer must pay all outstanding Charges on the Account upon termination of this Agreement for any reason.
Where the Customer fails to settle all outstanding balances within 30 days after termination, TSTT may refer the Account to a debt collector for collection of the unpaid balances.
8.5 After termination, the Customer is responsible for the cancellation of any direct debits, standing orders, credit card mandates or other authorizations which the Customer may have given for periodic payments to be made to TSTT by third parties.
9. FAULT REPORTING AND MAINTENANCE
9.1 Nothing in this Agreement shall be construed as an undertaking or guarantee by TSTT to provide Equipment and/or Services which are free of faults.
9.2 It is the Customer’s responsibility to report faulty operation of the Equipment or failure of Service (and the Customer must notify TSTT of any such faults by telephoning the numbers specified by TSTT from time to time).
The Customer shall not attempt to repair, interfere with, modify or adapt the Equipment or restore Service itself nor permit any third party to do so.
9.3 Upon receipt of notification of a fault TSTT shall use its reasonable endeavours to take all proper steps to correct it by (at TSTT’S sole option) either repairing or replacing all or part of the Equipment and/or restoring Service.
9.4 Maintenance services in relation to the Equipment and Services are carried out during TSTT’s Normal Working Hours, except where TSTT elects to conduct said maintenance services outside of its Normal Working Hours.
TSTT is under no obligation to provide maintenance services outside these hours but if, following a written request from Customer, TSTT agrees to do so, the Customer must pay TSTT’s additional visit charges at TSTT’s stated charging rates.
9.5 If following inspection of Equipment or investigation of Service TSTT determines that the Equipment is not faulty or that the Service has not failed or that the fault or failure is due to misuse or damage by Customer, the customer shall pay (in addition to the cost of repair or replacement of the Equipment) TSTT’s additional visit charges at TSTT’s stated charging rat
10. FORCE MAJEURE
10.1 TSTT shall not be liable to the Customer for any breach of this Agreement if the breach was caused by any matter or event cause beyond TSTT’s reasonable control including, but not limited to any act of God, inclement weather, storm, flood, drought, lightening, fire, power failure, shortage of power, disturbance to power supplies, disconnection, damage or disturbance to telecommunications connections and cables, strikes, lock-outs and industrial disputes (whether or not involving TSTT’s employees) trade disputes, government action, embargoes, termination of or refusal to grant a licence, damage to or loss of equipment or interruption, failure or delay in any service provided to TSTT by any third party including governmental or regulatory or telecommunications authority, military operations, or riots, and the acts or defaults of any other provider of telecommunications services
11.1 EXCLUSION OF TSTT’S LIABILITY
11.1.1 TSTT shall not be liable to the Customer, in damages or otherwise, for any delay in providing or restoring Services or for any loss or damage to any property (including Customer Equipment) or death or injury to any person occasioned or arising from the provision or use or the total or partial interruption of Services.
11.1.2 TSTT shall not be liable to the Customer in damages or otherwise for any delay in providing or installing Equipment. TSTT shall not be responsible for any death of or injury to any person whomsoever nor the loss of or damage to any property whatsoever (including Customer Equipment) arising from the installation or use of the Equipment in whatever manner.
11.1.3 For the purpose of performance by TSTT of its obligation under any Agreement for service time shall not be of the essence.
11.1.4 Abatement of TSTT’s charges for Services or Equipment is at TSTT’s sole discretion.
11.1.5 In no event shall TSTT be liable for any indirect or consequential loss or damage whatsoever including but not limited to loss of use, loss of business or loss of profits suffered by the Customer arising from the performance or non-performance of its obligations relating to the provision of services to the Customer.
11.2 CUSTOMER’S LIABILITY FOR EQUIPMENT
11.2.1 The Customer is responsible for ensuring that after delivery or installation of Equipment at Service Address, it is not damaged, interfered with, modified, adapted or mistreated and that it is not repaired by any person other than TSTT.
The Customer must also ensure that the Equipment is kept in the correct operating environment as specified by TSTT at or prior to delivery or installation.
11.2.2 If Equipment is damaged, lost or stolen following delivery or installation the Customer must pay to TSTT its stated charges for repairing or replacing Equipment.
The Customer shall not be liable to pay any sums in respect of repair or replacement as a result of fair wear and tear.
11.2.3 A Customer has thirty (30) days from the bill date to query a charge on the bill. The Customer shall be liable for any charge on the bill that is not queried within thirty (30) days from the bill date.
11.2.4 The Customer may not (without the prior written consent of TSTT) remove the Equipment from the Service Address. TSTT shall have no obligation to provide Services or maintenance services to any address other than the Service Address.
11.2.5 On termination of the Service for whatever reason, the Customer shall make the Equipment available for collection by TSTT.
11.2.6 The Equipment shall at all times belong to TSTT and the Customer shall not be entitled to sell or otherwise part with possession of it or allow it to be used as security for any loan.
11.2.7 Customer shall be liable to TSTT for any damage caused to Equipment by Customer Equipment. TSTT shall not be liable to Customer or any third party for damage caused to Customer Equipment by Equipment or Services whether or not any consent has been given by TSTT under clause 5.1.
Customer will indemnify TSTT against all costs, claims, damage, losses or expenses that TSTT may suffer or incur as a result of any claim by a third party in relation to damage caused to Customer Equipment by Equipment or Services.
11.3 CUSTOMER’S LIABILITY FOR CHARGES
11.3.1 The Customer is responsible for payment for all rental charges for the Equipment and all charges in respect of Services including, without limitation, call charges (including inward collect calls) whether such calls were made with or without Customer’s knowledge. The charges payable by Customer shall be those set out in the Tariff from time to time.
11.4 LATE PAYMENT CHARGES
A late payment charge of at least 2% per annum may be applied to all amounts previously billed on a customer’s bill that remains unpaid at the time of the next month’s bill.
Late payment charges do not apply to the disputed portion of unpaid balances, if resolved in favour of the Customer. The disputed portion of unpaid balances, if resolved in favour of TSTT, may be subjected to the late payment charge:
(a) as of the date of resolution of the dispute;
(b) If they remain unpaid until the next bill is generated.
Undisputed amounts of the same bill may be subject to the late payment charge if they remain unpaid when the next bill is generated.
Notwithstanding the foregoing, TSTT may waive late payment charges for Customers who establish a preferred payment date, and whose payment is made by a scheduled date.
Collection procedures and security deposits requirements are unaffected by the application of the late payment charge.
12. CANCELLATION AND MINIMUM PERIODS OF HIRE
12.1 Customer may cancel the service prior to the installation of any Equipment or the commencement of provision of any Service by giving written notice to TSTT. TSTT shall be entitled to charge Customer for any abortive work carried out and/or resources committed and/ or expenditure incurred by TSTT to meet Customer’s requirements prior to its notice.
12.2 Termination of the service for whatever reason shall be without prejudice to Customer’s liabilities to TSTT arising prior to termination.
13. SUSPENSION OF SERVICE
13.1 TSTT may immediately suspend the provision of Services in any of the circumstances set out in clause 8. Suspension shall be without prejudice to TSTT’s right to terminate the service at a later date.
Service will only be restored if TSTT is satisfied that there will be no repetition of the circumstances giving rise to suspension and (if such circumstances relate to the non-payment of TSTT charges) upon payment to TSTT of a further connection charge and deposit to secure Customer’s future liabilities.
13.2 TSTT may also temporarily suspend Services:
13.2.1 in an emergency or in order to provide or safeguard service to the protective services as well as to a hospital or emergency or other medical services;
13.2.2 for repair, maintenance or improvement of any TSTT telecommunication system.
14. MULTIPLE SERVICES ADDRESS
14.1 TSTT may exercise its rights under clauses 8, 13, and 15 in relation to all telecommunications services and equipment provided to Customer under any Agreement or otherwise.
15. INTERCEPTION, BLOCKING AND DISCONNECTION OF CALLS
15.1 Without prejudice to the right of TSTT to exercise its rights under clauses 8 and/or 13, TSTT reserves the absolute right to intercept, block and/or disconnect any call or transmission made by or to Customer where such call or transmission is made in breach of these Terms and Conditions.
16. TRANSFER OF SERVICE OR EQUIPMENT FROM ONE CUSTOMER TO ANOTHER
16.1 Services and Equipment are provided by TSTT to the Customer. The Customer may not assign the benefit of the service or otherwise transfer services or Equipment whether temporarily or permanently to a third party without the prior approval of TSTT in writing.
16.2 TSTT may facilitate the transfer of Service from one Customer (the “Transferor”) to another person or entity (the “Transferee”) upon receipt of written request and consent of both parties; the identity of both parties must be verified to TSTT’s reasonable satisfaction in whatsoever manner TSTT shall require at the time of the request. TSTT may only elect to transfer the responsibility of the Service if all Charges on the Account have been paid as at the date of the request, including the Charges for calls made but not yet applied to an Account statement.
16.3 If the Transferee is not an existing Customer, he/ she must comply with TSTT’s credit requirements applicable to new applicants. If the Transferee has an outstanding amount due to TSTT for unpaid Charges on another Service Account, TSTT may not facilitate the transfer until all amounts due to TSTT are paid in full.
16.4 In the event of any assignment or other transfer of Services or Equipment without the prior written approval of TSTT, Customer will remain primarily liable to TSTT for all costs and charges arising from the use of the Equipment or provision of the Services whether that Equipment or Service is used by or supplied to the Customer or the third party who
17. POWER SUPPLY
17.1 It is the Customer’s responsibility to provide a power supply suitable for the Equipment and the Services and which is compliant with TSTT approved standards. Customer will be liable to TSTT as a result of any damage to Equipment or interruption to Service caused by an unsuitable power supply.
18. CELLULAR SERVICE
18.1 Without prejudice to the other provisions of these terms and conditions, Mobile Service and the use of the Mobile receiving equipment (hereinafter called “Units”) are also subject to the Terms and Conditions set out hereafter in this Clause 18.
18.2 Orders for activating, changing or terminating service will be accepted by TSTT only from the Customer or from an Approved Dealer of Mobile Equipment.
18.3 If a Unit is purchased from anyone other than TSTT, then Customers are responsible for ensuring that the Unit is technically and operationally compatible with the Mobile System and conforms with applicable Telecommunications Authority regulations.
18.4 Any agreement for the provision of Cellular Service shall commence on the date on which TSTT activates service to the Customer.
18.5 TSTT may, at its sole discretion, require a Customer to make a suitable advance payment towards charges for service. The amount of advance payment required may be adjusted by TSTT at any time to reflect revised service charges.
18.6 The Customer is responsible for the charges set out hereunder.
18.6.1 Charges for Mobile Service furnished
18.6.2 Charges for all calls originated from each Mobile telephone number assigned to the Customer.
18.6.3 Usage charges shall include, but shall not be limited to, any applicable, wireless, access, toll or other charges resulting from the making of a call to a point outside of TSTT’s local calling area.
18.6.4 Monthly charges for Cellular Service access and for any optional service features selected by the Customer are billed one month in advance.
18.6.5 Charges billed in advance are pro-rated, if necessary, for the first and last months of service.
18.6.6 Charges for usage of the Unit are billed after they are incurred.
18.7 Notwithstanding anything contained herein, TSTT’s non-performance hereunder shall be excused if caused by equipment failure, acts of God or others, shortages or other causes beyond TSTT’s reasonable control.
18.8 TSTT shall not be liable for the Customer’s use of the Unit or service or the installation, repair or maintenance of the Unit by any party other than authorised employees of TSTT.
19.1 Customer agrees that TSTT may vary these terms and conditions or any agreement for service and its standard tariff of charges from time to time and thereafter the obligations of both TSTT and the Customer shall be modified pursuant to any such amendment. Any changes to this Agreement or in the TSTT tariffs shall be made available at TSTT’s public commercial offices.
20.1 TSTT is authorised pursuant to the Telecommunications Act (2001) (the “Act”) of the Laws of Trinidad and Tobago, to operate a telecommunications network and provide telecommunications services and broadcasting services as defined in the Act.
21.1 The Customer shall indemnify TSTT against all costs, claims, loss, damage, expenses and liabilities that it may suffer or incur as a result of a breach by Customer of any Agreement for service or these Terms and Conditions or as a result of the negligent or willful acts or omissions of Customer, its employees, servants or agents.
21.2 TSTT telecommunications system is not fault free and the Customer specifically acknowledges that the quality of service provided by TSTT may vary from time to time.
22.1 The headings in these terms and conditions are for ease of reference only and shall not affect the interpretation thereof.
23.1 Any notices required to be given hereunder shall, in the case of TSTT be sent to 1 Edward Street, Port of Spain (or such other address as TSTT may stipulate from time to time) and, in the case of the Customer (and save for such notices as TSTT is entitled to give to Customer by publication at its office) to the billing address shown in Customer’s application form.
Any such notice may be delivered by first class prepaid letter, personally or by facsimile transmission and shall be deemed served, if by first class prepaid letter, within (7) days of posting, if personally, when delivered and if by facsimile transmission, when sent.
24. NO WAIVER
24.1 Any waiver by TSTT of a breach of any provision of these terms and conditions shall not be a waiver of any other breech (whether of the same or any provision of this agreement.
25.1 Any clause, sub-clause or other sub-division of these terms and conditions which is, or becomes, illegal, invalid or unenforceable shall be severed herefrom and shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining provisions hereof, which provisions shall be severed from any illegal, invalid or enforceable clause, sub-clause or other sub-division of these terms and conditions and shall otherwise remain in full force and effect.