Terms & Conditions

TERMS & CONDITIONS

WEBSITE TERMS AND CONDITIONS 

Belize Telemedia Limited and its subsidiaries (collectively “BTL”, “We”, “Us”, “Our”, “Digi” or “Company”) operates the www.livedigi.comand the http://www.digiwallet.bz websites (the “Sites” and “Site” shall be construed accordingly) to provide online access to information about Our Company and its products and services (the “Services”). These terms and conditions of use explain how you may use these Sites and any of its content. These terms and conditions apply between Us and You (either an individual or an entity that you are representing, the person accessing or using the Site hereinafter “You”, “Your”, or “Customer”).  You should read these terms and conditions carefully before using these Sites.  By accessing and using these Sites or otherwise indicating your consent, you agree to be bound by the terms and conditions set forth herein (“Terms and Conditions”). If you do not agree with these Terms and Conditions, you should stop using these Sites immediately. 

 

Additional terms and conditions applicable to specific Services, content or transactions are also posted on these Sites and, together with these Terms and Conditions, shall govern your use of those Services, content or transactions. These Terms and Conditions, together with all other applicable additional terms and conditions, are referred to as this “Agreement.”

 

BTL reserves the right to modify this Agreement at any time without giving you prior notice. Your use of these Sites, Service or Content following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. The last date these Terms and Conditions were revised is set forth below.

 

  1. 1.   Use of the Sites

As a condition of your use of these Sites you agree to comply with our Acceptable Use Policy available at www.livedigi.comand agree not to:

 

  1. misuse or attack our Sites by knowingly introducing Viruses (“Virus” means any program or code which may prevent, impair, affect the reliability of, destroy, damage, interfere with, corrupt, or cause undesired effects on any program, computer, system, software, code, data or other information) including all trojan horses, worms, spyware, logic bombs and any other similar files, scripts, agents things or devices which are malicious or technologically harmful (such as by way of a denial-of-service attack), and “Viruses” shall be construed accordingly; or

 

  1. attempt to gain unauthorized access to our Sites, the server on which our Sites are stored, or any server, computer or database connected to our Sites.

 

We may prevent or suspend your access to these Sites if you do not comply with these Terms and Conditions or any applicable Law.

 

You may use the Services, these Sites, and the information, writings, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from these Sites and/or other works that you see, hear or otherwise experience on these Sites (singularly or collectively referred to herein as the “Content”) solely for your non-commercial, personal purposes.

 

  1. 2.   Accuracy of Information and Availability of the Site

We try to make sure that the Sites are accurate and up to date.  Any Content provided is for your general information purposes only and to inform you about Us and Our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice. You should always use your own independent judgment when using our Sites and its Content.

 

  1. 3.   Ownership, Use and Intellectual Property Rights

The intellectual property rights in these Sites and in any of its Content are owned by Us and our partners, affiliates, contributors or third parties who have authorized their use on the Sites.

 

We and our partners, affiliates, contributors or third parties reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, that we remain owners of them and are free to use them as we see fit.

 

No right, title or interest in any Content on these Sites are transferred to you, whether as a result of downloading such Content or otherwise. Except as expressly authorized by this Agreement, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from these Sites or from any and all Services provided by BTL, except as expressly permitted by this Agreement.

 

Nothing in these Terms and Conditions grants You any legal rights in the Sites or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on these Sites or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within these Sites or the Content.

 

 

  1. 4.   Copyright

These Sites and the Content are protected by Belize and/or foreign copyright laws, and belong to BTL or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BTL or other copyright owners who have authorized their use on these Sites. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing these Sites as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by BTL. You may not manipulate or alter in any way the Content on the Site without specific prior written permission from BTL or the copyright owner.

 

  1. 5.   Trademarks

You are prohibited from using any of the trademarks, trade names or logos appearing throughout the Site or in the Content without the prior written permission from Us or the trademark owner, except as permitted by applicable Law.

 

  1. 6.   Links to Third-Party Web Sites

These Sites may contain hyperlinks or references to third party websites, advertising or information.  Any such hyperlinks or reference are provided solely as a convenience to you. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them.

 

If you use these hyperlinks, you will leave the Site. Such hyperlinks do not constitute or imply an endorsement, sponsorship, or recommendation by BTL of the third party, the third party website, or the information contained therein. BTL is not responsible for the availability of any such websites. BTL is not responsible or liable for any such website or the content thereon. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.

 

  1. 7.   Linking to the Sites

If you would like to link to these Sites, you must follow BTL’s link guidelines available at https://www.livedigi.com/terms-and-conditions. Unless specifically authorized by BTL, you may not connect “deep links” to these Sites.  For ease of reference, “deep links” means creating links to the Site that bypass the homepage or other parts of the Site. You may not mirror or frame the homepage or any other pages of these Sites on any other website or webpage.

 

  1. 8.   Downloading Files

BTL cannot and does not guarantee or warrant that files available for downloading through these Sites will be free of infection by software Viruses or other harmful computer code, files or programs.

 

  1. 9.     Software

Any software available for download via the Site is the copyrighted work of BTL and/or its licensors. Use of such software is subject to you agreeing to the terms and conditions that apply to such software (sometimes known as the ‘End User License Agreement’ or ‘EULA’) that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the End User License Agreement.

 

You should read any terms and conditions carefully. They may contain provisions that set out your legal rights, your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.

 

Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and Conditions and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.

 

  1. 10.  Disclaimer of Warranties

BTL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES, THE SERVICE OR THE CONTENT. BTL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITES. BTL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THESE SITES OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITES OR THE SERVICE WILL BE CORRECTED. BTL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THESE SITES, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

  1. 11.  Limitation of Liability

IN NO EVENT WILL BTL ITS SUBSIDIARIES, AFFILIATED COMPANIES, SHAREHOLDERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITES, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITES, THE SERVICE, OR THE CONTENT, EVEN IF BTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICE, THE CONTENT, OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

 

  1. 12.  Indemnification

You understand and agree that you are personally responsible for your behavior on these Sites. You agree to indemnify, defend and hold harmless BTL, its subsidiaries, affiliated companies, shareholders, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Sites, the Service, or the Content, or any violation by you of this Agreement.

 

  1. 13.  Privacy Policy

This statement in this Clause 13 discloses the privacy policy for BTL’s websites – www.livedigi.com,and www.digiwallet.bz (“Privacy Policy”).

 

The above-mentioned Sites are registered, owned and operated by BTL. Any personally identifiable information submitted to any of these Sites will be treated with the strictest confidentiality. BTL will not share, sell, trade, or give away personally identifiable information to third parties without the user’s explicit permission.

 

Information Collection and Use

BTL (including its subsidiaries, affiliates, agents and partners) is the sole owner of the information collected on these Sites.  BTL collects information from the user when the user registers to use a service or enters personal information in any of the online forms found on any of these Sites or when the user requests information from BTL.

 

This information may include information such as the user’s name, IP address, registered address, telephone number and email address. This information is used for BTL’s internal business purposes only and will not be resold or disclosed to any other party.

 

This information will not be used in a manner to identify the user personally and will not be divulged to anyone. BTL will not sell, share, or rent this information to any other party.

 

Statistical information will be collected and used on an aggregate basis. No personal information is associated with these statistics.  Different technologies are used to collect aggregate statistics. These include cookies and Web server logs.  These statistics may be used to monitor traffic so BTL can effectively provide services to customers or to determine which of its services are most efficient.

 

Log Files

BTL may use IP addresses to aid BTL in analyzing patterns of fraudulent behavior.

 

Cookies

BTL Sites may use cookies to store information on your local computer. These cookies do not store any personal identifiable information; they are used only to improve your viewing pleasure and may be used to provide BTL with statistics for Web traffic analysis.

 

  1. 14.  User Conduct

You agree to use these Sites only for lawful purposes. You agree not to take any action that might compromise the security of these Sites, render these Sites inaccessible to others or otherwise cause damage to these Sites or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Sites in any manner that might interfere with the rights of third parties.

 

  1. 15.  User Supplied Information

BTL does not want to receive confidential or proprietary information from you via these Sites. You agree that any material, information, or data you transmit to Us or post to these Sites will be considered non-confidential and non-proprietary. If You supply or post any information or material to these Sites, you guarantee to Us that you have the legal right to post such material and that it will not violate any Law or the rights of any person or entity. By posting material on these Sites, you give BTL the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

 

  1. 16.  Password Security

You are responsible for maintaining the confidentiality of your user identification which includes your username and password, and for restricting access to your computer or device(s). You agree to accept responsibility for all activities that occur under your user identification.

 

  1. 17.  General Provisions
    1. Entire Agreement - These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof.
    2. Waiver - No waiver by BTL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

  1. Correction of Errors and Inaccuracies - The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BTL therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BTL does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

 

  1. Severability - If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

 

  1. Applicable Law and Jurisdiction - Any and all disputes relating to this Agreement, BTL’s Privacy Policy, your use of these Sites, any other BTL websites, the Service, or the Content are governed by, and will be interpreted in accordance with, the Laws of Belize, without regard to any conflict of laws provisions.

 

 


 

 

GENERAL TERMS AND CONDITIONS

 

These terms of service (“Agreement”) are a legal agreement between you (either an individual or an entity that you are representing, hereinafter “You”, “Your”, or “Customer”) and Belize Telemedia Limited and its subsidiaries (collectively “We”, “Us” “BTL” “Digi” or “Company”). This Agreement sets out certain terms applicable to the Company’s acceptance of the use of its services and any related products or services (“Services”) provided to the Customer. BTL shall not be bound by any terms and conditions belonging to or secured by the Customer, in connection with any other services received elsewhere.

 

  1. 1.     DEFINITIONS

1.1 The following definitions shall apply to this Agreement:

 

“Agreement”

Means the agreement made between BTL and its subsidiaries (collectively “BTL” or “Digi”) and the Customer and which incorporates any:

(a)  Order Form;

(b)  Service Order Addendums;

(c)  Price Lists;

(d)  These General Terms and Conditions.

(e)  Any terms and conditions or Service Literature provided to the Customer from time to time;

(f)   Any documents referred to in any of these General Terms and Conditions; and

(g)  Any Service Level Agreement applicable to the Service.

 

“Customer”

Means any natural person or legal person and includes any public body, corporate entity and any body of persons to whom BTL has agreed to provide a Service.

 

“Installation Charge”

Means a onetime charge payable by the Customer in connection with the installation of a Service.

 

"Law”

Means:

(a)  Any law, statute, regulation, by-law or subordinate legislation in force from time to time to which the Customer or BTL is subject;

(b)  The common law and laws of equity as applicable to the Customer and BTL from time to time;

(c)  Any binding court order, judgment or decree;

(d)  Any applicable industry code, policy or standard;

(e)  Any applicable direction, policy rule or order that is binding on BTL and which is made or given by any regulatory authority having jurisdiction over BTL or any of BTL’s assets, resources or business.

 

“Order Form”

Means an order form, signed by the Customer, with respect to a Service or Services requested by the Customer and other relevant information concerning the relationship between BTL and the Customer.

 

“Recurring Charges”

Means charges determined by BTL that are payable on a monthly basis by the Customer in connection with the Service.

 

" Responsible Person”

 

Has the meaning prescribed at Clause19.

Service

Means any telecommunication services, internet services or any other services provided by BTL to the Customer specified in an Order Form or other applicable document forming part of this Agreement.

 

“Service Literature”

Means any brochure, customer guide, description or instructions, including but not limited to those on all DigiCell Sim Packs, or any other documentation as may be published from time to time by BTL in connection with the provision or use of the Service.

 

Service Order Addendum”

Means a Service order agreed to by Customer subsequent to the initial Service order.

 

Tariff Schedule

Means BTL’s schedule that stipulates certain charges, as varied by BTL from time to time, and which are payable in respect of the provision of a Service, which shall be made available to the public at BTL’s main offices and through other media.

 

Treasury Bill

Means a negotiable debt obligation issued by the Government of Belize from time to time and backed by its full faith and credit, having a maturity date in the future.

 

Usage Charges

Means the variable charges associated with the use of the Service.

 

 

1.2 In this Agreement:

1.2.1            Words in the singular include the plural and vice versa unless the context requires otherwise.

1.2.2            Any words that follow include”, “includes”, “including”, “in particular” or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.

1.2.3            The clause headings and other headings in this Agreement are included for convenience only and shall have no effect on the interpretation of this Agreement.

1.2.4            A reference to “writing” or “written” includes any method of reproducing words in a legible and non-transitory form (including e-mail).

 

 2EXPRESS DECLARATION:

2.1 The Customer expressly declares and agrees that: 

2.1.1        Prior to signing the contract for the supply of Services, BTL provided the Customer with all information that the Customer requested on the subject of the characteristics of each and every one of the Services offered by BTL, and that BTL has informed the Customer of the conditions, quality, reliability and the limitations of the Services;

2.1.2        That the Customer is aware of and accepts that the Services may be affected or suffer from interference, technical problems which BTL does not have control over, or that there may be cuts or interruptions in accordance with the applicable legal regulations;

2.1.3        That the Customer is aware of and accepts the rates and prices established by BTL for the contracted Services;

2.1.4        That the Customer has received a copy of the contract and the documents that comprise it in print or electronic form at time of signing the contract;

2.1.5        Electronic signatures used shall have the same legal validity and enforceability as a manually executed signature;

2.1.6        The Customer’s signatory (where the Customer is a body corporate), is duly authorized by the Customer to enter into this binding Agreement on behalf of the Customer, and that the Customer (where the Customer is a body corporate) shall be liable and fully responsible for payments for all Services provided to the Customer.

  

3.    APPLICATION FOR SERVICE

3.1 A request by any person for the provision of a new Service must be made in writing.

3.2 Applicants will be required to apply on the Order Forms provided by BTL and satisfy all the requirements stated therein.

3.3 Requests for Services other than a new Service must also be made in writing, but do not necessarily require the use of the Order Forms provided by BTL.  These should be signed by the person in whose name the account will be issued.

3.4 The Customer shall promptly provide BTL (free of charge) with all information which may be reasonably required from time to time to enable BTL to proceed expeditiously with the performance of its obligations under this Agreement.

3.5 All information provided by or on behalf of the Customer must be true to the best of the Customer’s belief and any Customer who is found to have obtained his/her Service by fraudulent means will be reported to the police or other public authority for further investigation, and the Services will be disconnected in accordance with section 9 (Termination) of this Agreement.

 

 

4.   PROVISION OF TELECOMMUNICATION SERVICE

4.1 All Services are subject to availability.

4.2 BTL will make every effort to provide the Service requested within a reasonable time, provided all the necessary facilities are available and the Customer has complied with its obligations hereunder.  This includes a telephone exchange that has a distribution network of cables and lines near the site where the Service is required. Where these facilities are not available, an alternative method for the provision of Service may be offered to the Customer, with the additional cost of such provisioning to be borne by the Customer (e.g. additional wires).  Any alternative method of providing Service will be offered at the prevailing rental rates for this type of equipment.

4.3 Services are generally available from all exchanges.  However, when a requested Service cannot be provided, the Customer’s application will be placed on a waiting list, pending the availability of the facilities.  Every effort will be made to provide the Service required as soon as reasonably possible.  Customers will be advised in writing when placed on the waiting list.

4.4 External access to the Customer’s property will be overhead, except where the Customer provides underground conduits from the property boundaries to the building.

4.5 BTL will provision Services to the Service Entrance point and up to the Customer defined Network Interface Device (“NID”). The “Service Entrance” is the point that defines the end of BTL’s NID and the beginning of the Customer’s wiring within the premises.  The NID may or may not be located on Customer premises but will always have the unified characteristic of being dedicated exclusively to a single Customer. 

4.6 All wiring done in a Customer’s premises shall be surface wiring, except in those cases where the Customer provides conduits and the necessary boxes for telephone jacks. Conduits must be placed to facilitate the installation process and for future maintenance if the Customer’s premises where the Services are being provided have false ceilings or subterranean access areas.

4.7 The provision of any Service means that the Customer has been allocated a BTL customer account number. Payment of any and all charges for the use of the Services provided by BTL and billed to the Customer’s assigned account number are the sole responsibility of the Customer.

 

5.   OBLIGATIONS OF THE CUSTOMER

5.1 The Customer shall only use a Service in accordance with such conditions as BTL may indicate in writing from time to time. 

5.2 The Customer shall not use any Service as a means of communication for a purpose which is specifically prohibited under this Agreement or in Law.

5.3 The Customer shall be responsible for and maintain in an unaltered state, the Service. The Customer shall be responsible for technical failures in the Service or failures which are caused to BTL’s telecommunication network if the Customer has made any modifications to the Services on its own, and such modifications are the cause of such failures.

5.4 The Customer shall be responsible for the acts and omissions of all users of the Services which are provided to the Customer.

  

6.   SERVICE CHARGES

6.1 The Customer shall pay BTL all applicable charges, Installation Charges, Recurring Charges and Usage Charges (collectively “the Charges”) as specified in BTL’s Tariff Schedule, in consideration for the provision of a requested Service by BTL to the Customer.

6.2 The Services shall be provided at business rates where the Customer is a business, business place, body corporate, or the location where the Services are provided to the Customer is a place where the Customer conducts going a concern or profession.

6.3 The Services shall be provided at residential rates where the Services are being provided for private residential or domestic purposes.

6.4 BTL may increase or decrease the Charges at any time and details of any such changes will be available from BTL’s main offices, via the media and from BTL’s official website (www.livedigi.com) prior to implementation.  BTL shall take reasonable steps to bring such changes to the Customer’s attention and in accordance with the rules established in the Telecommunications Interconnection Regulations (Amended), 2010 Order and any other Law.

6.5 Any governmental assessments, fees and taxes imposed by Law shall be billed to the Customer receiving a Service.  Such assessments, fees or taxes will be separately stated on bills for payment.

 

7.   RENDERING AND PAYMENT OF ACCOUNTS

7.1 Installation Charges shall be payable in advance of the installation of a Service.

7.2 Recurring Charges shall be payable on a monthly basis unless otherwise stipulated in this Agreement or BTL’s Tariff Schedule.  A proportionate part of the Recurring Charges calculated on a pro-rata daily basis shall be payable for Services which are terminated by the Customer before the end of a billing cycle.

7.3 Usage Charges shall be payable by the Customer in arrears in respect of the usage of any Service (whether with or without the Customer’s authority). Usage Charges shall be calculated by reference to data recorded or logged by BTL or where applicable, supplied to BTL by another network operator, and not by reference to any data recorded or logged by the Customer.  BTL shall prepare and send invoices for Usage Charges due at the end of each billing period.  If a Service is terminated before the end of a billing cycle, a proportionate part of the recurring charges shall be payable, calculated on a pro-rata daily basis.

7.4 The Customer shall be liable for all charges for calls originating from the telephone number(s) for which are listed or included in the Customer’s assigned account with BTL for Services, and also for collect calls and third-party calls where charges have been accepted by the users of the telephone number(s) which are listed or included in the Customer’s assigned account with BTL for Services.

7.5 PostPaid and/or Corporate Customers who purchase TopUp PrePaid credits by billing the cost of such credits to their assigned BTL customer account(s) shall not be eligible for the bonus credits offered during BTL’s promotions.

7.6 All bills are due for payment when rendered.  All Charges shall be paid on or before the due date stipulated on the Customer’s bill.

7.7 Failure to receive a bill showing the amount owing by the Customer to BTL shall not relieve the Customer from the responsibility of making prompt and timely payment of such amount to BTL.

7.8 The Customer whose name appears on BTL’s records is responsible for the payment of accounts for Services charged. Bills for all Charges will be rendered to that Customer and not to his tenants or anyone else unless specific authority is given in writing to do so. In cases where the person registered to a Service has died, the Responsible Person will continue to use the assigned Service, as indicated in accordance with Clause 19 of this Agreement.

7.9 If objection in writing is not received by BTL within fifteen (15) days after a bill is rendered, such bill shall be deemed to be correct and binding upon the Customer.  In the event the Customer disputes any invoiced charges, the Customer shall pay in full, all charges invoiced by the due date and submit written notification in the form of an email to digihelp@livedigi.com and to ebill@livedigi.com with “Notice of Billing Dispute” in the subject line of the email. Such email notification must include the Customer’s contact information, the assigned BTL customer account number, specific amount in dispute, detailed supporting reasons for dispute and any supporting documentation. BTL shall respond in writing, within thirty (30) calendar days of receiving a dispute notification from Customer. Any dispute resolved in favor of Customer shall be credited as appropriate on the next available invoice. The Customer shall be notified in writing that the charges have been deemed valid and legitimate and the dispute shall be considered resolved by both parties, if any disputed amounts are deemed to be correct as billed and in compliance with this Agreement. In such cases, if there should be any amount due from the Customer relating to the dispute, then all such amounts shall be due and payable immediately. BTL reserves the right to delay the resolution of any and all billing disputes and/or credits if the Customer’s assigned BTL account is in arrears or otherwise not in good standing.

7.10  Unless otherwise specified in this Agreement, payment of all sums due under this Agreement shall be made within thirty (30) days of the date of the relevant billing period.

7.11  Without prejudice to BTL’s other rights under the Law, BTL reserves the right to charge the Customer interest at two percent (2%) per month on all outstanding amounts if payment remains outstanding for more than thirty (30) days following the due date.  Interest shall continue to accrue on any outstanding amount not withstanding termination of this Agreement for any cause whatsoever. 

 

8.   CREDIT POLICY AND DEPOSIT

8.1 BTL has a responsibility to all its Customers to take reasonable precautions against default of payment and has activated a credit policy which is designed to monitor the use of all existing BTL Customer assigned accounts.  To this end, credit limits are instituted to ensure that BTL Customer assigned accounts do not incur outstanding amounts to the detriment of the Customer and BTL.  Usage over and above the credit limit will require a payment or the Service may be restricted or terminated. 

8.2 Upon signing any Agreement, the Customer shall pay such sums as BTL may stipulate by way of a deposit.  If a deposit is required, the Customer will be notified at the time of applying for the Service and the deposit will be payable immediately.  Deposit requirements may be increased if, in the opinion of BTL, the Customer’s usage characteristics or circumstances warrant an increase.

8.3 Deposits held by BTL shall accrue interest at the going Treasury Bill rate as established from time to time.

8.4 The deposit will be refundable twelve (12) months after the date of the original payment (together with such interest, if any), provided that the Customer has not been disconnected for any reason during this period, and there is no other reason warranting the retention of the deposit.

8.5 Where a Service has been terminated by the Customer, the deposit will be refundable subject to deductions in respect of any amounts then payable by the Customer under Clause 7 herein or any other liability incurred by BTL as a result of the Customer’s failure to comply with this Agreement.

 

9.   TERMINATION

9.1 Except as otherwise stipulated, either party shall be entitled to terminate this Agreement by giving not less than one (1) month prior written notice of such intention to terminate.

9.2 Without prejudice to BTL’s other rights under the Law, BTL may immediately terminate this Agreement by providing written notice to the Customer if:

9.2.1        The Customer provided BTL with false, inaccurate or misleading information for the purposes of obtaining Service;

9.2.2        The Customer does not make material use of the Service for a significant period including Prepaid Mobile Customers with no recharge in a ninety (90) day period on their mobile number; or

9.2.3        BTL has– reason to suspect:

9.2.3.1    any unlawful use of a Service that is provided to the Customer,

9.2.3.2    unauthorized use, fraud or misconduct in connection with the Customer or any third party’s use of the Service that is provided to the Customer ;

9.2.3.3    tampering with BTL’s equipment or Services by the Customer or any person who has access to the Services that are provided to the Customer; or

9.2.3.4    The Customer is in breach of any Law or order of a regulatory authority or any terms of this Agreement.

 

 10.   CONSEQUENCES OF TERMINATION

10.1  On termination of this Agreement, all outstanding Charges shall be immediately payable by the Customer.

10.2  If this Agreement is terminated prior to the expiry of the initial contract period, the Customer shall pay such cancellation charges as may apply by way of liquidated damages for early termination.

10.3  Upon termination of this Agreement for any reason whatsoever, the Customer shall where applicable, and during normal working hours, permit or procure permission for BTL to gain access to the location where the Service was installed for the purpose of BTL removing any equipment belonging to BTL. 

10.4  BTL may bring an action against the Customer to recover any payment that remains outstanding by the Customer following the termination of Service.

 

11.  RESPONSIBILITY/SECURITY FOR COMMUNICATION EQUIPMENT

11.1  All Service equipment provided or leased by BTL to the Customer shall remain the property of BTL.  The Customer is responsible for any damage to, or loss of, equipment rented from BTL and will be charged in the event of such damage or loss.

11.2  All distribution cables and junction boxes installed by BTL on the property occupied by the Customer or the property where the Services are being provided to the Customer shall remain the property of BTL.  The Customer is responsible for ensuring that these items are secured to prevent unauthorized access, loss or damage.

 

 12.  ALLOCATION AND USE OF TELEPHONE NUMBER/NUMBER PORTABILITY 

12.1  Subject to any statutory or license provisions relating to number portability, the Customer shall not acquire any rights whatsoever in any telephone number that is assigned or allocated to the Customer by BTL, and the Customer shall not make any attempt to apply for registration of the same as a trade or service mark, whether on his own or in conjunction with some other works or trading style.

12.2  BTL may for commercial, operation or technical reasons or in order to comply with the requirement of any competent authority, withdraw or change any telephone number or code or group of numbers or codes allocated to the Customer provided that reasonable notice is given.

 

13.  RESTRICTION AND SUSPENSION OF SERVICE FOR NON-PAYMENT 

13.1    BTL reserves the right to restrict or suspend any Service provided to the Customer at any time, should the Customer fail to make payment of any monies due to BTL for any Service provided.  Full Recurring Charges will be charged during the period of restriction.

13.2    Restriction or suspension of Service will result if the Customer does not pay its bill by the due date. In those cases where full payment to the Customer’s BTL assigned account is not made, Services on the account may be restricted.  Services will only be restored when the arrears on the Customer’s assigned account with BTL for Services and the restoration fee has been paid in full.

13.3    Should any default be made in the payment of charges for Services provided to the Customer’s BTL assigned account, BTL shall be entitled to refuse to provide any Service in the future.

13.4    If no payment is received on or before the expiration of 7 (seven) days after restriction or suspension for non-payment, BTL reserves the right to remove all BTL equipment from the Customer’s premises.

13.5    A Customer whose Service has been terminated or suspended due to the non-payment of a bill shall be required to settle all amounts due and must comply with the requirements which apply to the restoration of Service.

13.6    BTL reserves the right to restrict, suspend or terminate any Service to a Customer who damages or destroys any BTL equipment used to provide the Service.  BTL will discontinue or terminate any Customer who makes or permits use to be made of BTL’s telecommunication equipment, poles, lines or otherwise in a manner or for a purpose which is not authorized by BTL or is contrary to these Terms and Conditions of Service, any Service Literature, the Law or who performs activities deemed by BTL to constitute an infringement of BTL’s license to provide Services.

13.7    BTL may bring an action against the Customer to recover any payment that remains outstanding by the Customer following suspension of Service.

 

14.  EXTERNAL REMOVAL OR TRANSFER OF SERVICE

14.1    Telecommunication equipment will be installed where first directed by the Customer.  A change to any other location will be charged at BTL’s standard rates.

14.2    The same terms and conditions apply for an external removal as the terms which apply to providing new Service.  A non-refundable fee will be charged for the transfers.

14.3    The Customer is required to apply for any external removal or transfer of a Service at least thirty (30) days prior to the date Service will be required at the new address.  Any outstanding bill at the old address will remain as part of the Customer’s assigned account balance.

 

15.  TRANSFER OF CUSTOMER’S SERVICE

15.1    BTL will allow an existing Service to be transferred from one Customer to another Customer upon the following conditions:

 

15.1.1     Receipt by BTL of the certified written consent of the existing Customer and the proposed transferee Customer;

15.1.2     Payment of all amounts due to BTL for Service to the existing Customer; and

15.1.3     Payment by the proposed transferee Customer of all amounts owed to BTL for any previous Service to him.

15.2    The transferee Customer shall be deemed to have accepted all the terms and conditions of Service which applied to the transferor Customer.

15.3    Notwithstanding Clause 15.2, if the transferee Customer is not an existing Customer, that Customer shall be required to comply with the requirements of BTL’s credit policy which applies to new customers.

 

16.  LIABILITY 

16.1    BTL shall make all reasonable efforts to provide smooth, uninterrupted Services.  However, where Services are interrupted, the Customer agrees that BTL shall not be held liable for any damages, loss, loss of profits (whether direct or indirect), loss of business or anticipated savings, or for any incidental, indirect or consequential loss or damage which is caused by the failure, malfunction, omissions, interruptions, delay, and loss of privacy, error or defect in the Service.

16.2    BTL shall not be held liable whether in contract, tort or otherwise for any harm or injury or loss resulting from the Customer’s acquisition and or use of a Service and the Customer shall indemnify and hold BTL harmless from any claims (including attorney’s fees and other costs of litigation or defense) resulting from use of a Service causing direct or indirect harm or injury to another person or property.

16.3    In no event will BTL be liable for the acts, omissions or delays of third party vendors who are contracted by BTL to install the Services.

16.4    BTL makes not warranty whatsoever, including any warranty regarding the merchantability or fitness for purpose in respect of the Services.

16.5    BTL shall not be liable for and shall be fully indemnified by a Customer against any claim or loss, expense or damage, for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of BTL trademarks, service marks or any other injury to any person, property or entity arising out of the material, data or information transmitted using the Service.

 

17.  REPAIRS

BTL does not guarantee the lifespan of its equipment and lines but undertakes to make repairs in a reasonably timely manner to all equipment and lines that are reported faulty and replace the equipment and lines that are not repairable for the duration of the Service.

 

18.  INFORMATION ABOUT DIRECTORY 

18.1    Changes in the information contained in a telephone directory for subsequent directory listings should be notified in writing to BTL.  A standard listing will consist of a Customer’s name, registered address and telephone number.

18.2    One standard listing only, is allowed without extra charge in respect of each exchange line, Cellular and E-mail provided to a Customer.  Extra listings are allowed on payment of a fixed Charge to BTL.

18.3    BTL will provide one standard listing only for fax numbers in the fax portion of the directory.  On payment to BTL of the approved rate, Customers may have an additional fax listing in the white pages.

18.4    Standard listings and extra listings may be inserted in heavy type upon payment to BTL of the applicable Charge which is determined by BTL.

18.5    A copy of every issue of a telephone directory is supplied free of charge for each telephone number(s) that a Customer has.

18.6    Notwithstanding a directory listing, a Customer’s telephone number may be changed at any time as the exigencies of BTL’s business may reasonably require.  Reasonable advance notice of a changed number will be given to a Customer.

18.7    “Unlisted Service” means that the Customer’s telephone number is not listed in a telephone directory, nor is it available through the Directory Assistance Service offered by BTL.  A charge will be made for this service.  BTL makes every effort to maintain the confidentiality of unlisted numbers.  This confidentiality is not extended to BTL’s Caller ID Service, unless a Customer applies for Caller Line ID Restriction (“CLIR”).  Where BTL agrees to keep a Customer’s telephone number unlisted, it does so without obligation.  BTL will not accept liability for any damages which may arise from erroneously publishing such a number in a telephone directory or for accidental disclosure.

18.8    BTL’s liability for any errors or omissions in any directory listing is limited to the charges made for the listing itself.

 

 19.  DEATH OF CUSTOMER

In the event of the death of a Customer, unless BTL is notified of such death and directed to discontinue the Services as of a specified date, the person occupying the premises where the deceased Customer’s Services is located (the “Responsible Person”), shall be liable to BTL for all Charges for the use of any Services provided.

  

20.  ROAMING SERVICES 

20.1  BTL will make its best efforts to coordinate the implementation and maintenance of Roaming Services in conjunction with the telecommunication company(s) that provide the mobile service in the country to which the Customer or users of telephone numbers allocated or assigned to the Customer’s account with BTL are traveling to. BTL shall not be liable for damages caused by the interruption of the Service caused by the service provided by the mobile network operator  providing telecommunication services in the country visited by the Customer or users of telephone numbers allocated or assigned to the Customer’s account with BTL. Likewise, BTL will make its best efforts to guarantee to the Customer a satisfactory international service, according to the established terms and conditions and the service level agreement established by the service provider of the Roaming service in the country that is visited by the Customer or users of telephone numbers allocated or assigned to the Customer’s account with BTL.

20.2  During roaming, the Customer or users of telephone numbers allocated or assigned to the Customer’s account with BTL may experience conditions of service different from the conditions under which BTL provides the Services to the Customer. However, conditions under which those Services are provided in a foreign country shall not differ substantially from those under which BTL provides the Services to the Customer.

20.3  The mobile network operator providing telecommunication services in the country visited may without liability, suspend or terminate all or any of its services to roaming subscriber Customer in circumstances where it would suspend or terminate those services to its own subscribers, including but not limited to:

(i)      Subscribers using equipment which is defective or illegal; or

(ii)    Subscribers causing any technical or other problems on its Public Mobile Network; or

(iii)   Suspected fraudulent or unauthorized use; or

(iv)   Authentication of the subscription not being possible; or

(v)    Maintenance or enhancement of its Public Mobile Network

 

21.  SOLIDARITY GUARANTOR 

BTL may require the constitution of a guarantor and joint guarantor of the obligations assumed by the Customer at the time of installation or activation of the Services, which will undertake to respond to the Company with its present and future assets in case of any breach thereof. Failure to pay one or more of the monthly installments or any other charges assumed by the Customer, shall put the Customer in default of full entitlement, being demanded the entire debt, without the need for any judicial or extrajudicial formalities and without a deadline for that the Company exercises its right to payment.

22. LOST OR STOLEN EQUIPMENT 

If your SIM card or cell phone is stolen or lost, you must report the loss to BTL. You may be required to provide evidence of such loss or theft, such as a letter from the police department or public authority and any additional documentation, for purposes of suspension of Services and avoidance of unwanted consumption. BTL will deactivate the Services upon being notified of the loss or theft of the equipment. You are responsible for all Charges in the Services until such time as the loss of equipment report is recorded by the Company.

23.  WAIVER

No failure to exercise and/or delay by BTL in exercising any right or remedy pursuant to this Agreement shall operate as a waiver of such right.

 

24.  SEVERABILITY

If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. BTL may replace any section or condition that is not legally effective with a clause or condition of similar meaning that is.

 

26. GENERAL

26.1  Some Customers may receive a Service pursuant to a written contract with BTL. When such written contract exists, contract terms which are different from the general terms and conditions contained in this Agreement shall govern the Services provided to a Customer. Terms and Conditions of Services contained in this Agreement which are not inconsistent with the written contract shall also apply. 

 

26.2  BTL reserves the right to update and change any of the terms of this Agreement from time to time. You are expected to check our website page (www.livedigi.com) from time to time to take notice of any changes we make to this Agreement, as such updates are legally binding on you. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on our website or written documents issued to you.

 

25.  GOVERNING LAW AND JURISDICTION

Provision of the Services and these terms and conditions of this Agreement shall be governed by, construed under, and enforced in accordance with the Laws of Belize. For any action to enforce any right or remedy of this Agreement, the Customer and BTL consent to the exclusive jurisdiction and venue in the Courts of Belize.

 


 

 

SERVICES TERMS AND CONDITIONS

 

SCOPE

These terms of service (“Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “You”, “Your”, or “Customer”) and Belize Telemedia Limited and its subsidiaries (collectively “We”, “Us” “BTL” “Digi” or “Company”). This Agreement sets out certain terms applicable to the use of its telecommunication services, Internet services and any other services provided to the Customer. BTL shall not be bound by any terms and conditions belonging to or secured by the Customer, in connection with any other services received elsewhere.

The content and scope of these individual Services can be seen in the service literature, which, together with these terms and conditions, and the General Terms and Conditions which may be posted at https://www.livedigi.com and which are incorporated herein by reference, constitute the entire understanding between the Customer and BTL with respect to the Services provided herein and form the basis of the contractual relationship between the Customer and BTL. The Customer is deemed to have accepted these terms and conditions by activating, using or paying for any Service provided by BTL to the Customer. Customer acknowledges and understands that Customer is not relying on any affirmation of fact, promise or description from any person or entity, nor any other oral or written representation other than what is contained in these terms of service.

 

Unless otherwise stipulated, the contractual relationship herein between BTL and the Customer shall remain in force until all Services are cancelled and all sums due to BTL have been paid in full by the Customer.

 

ACCEPTABLE USE POLICY

 

1)    DEFINITIONS

  1. This Acceptable Use Policy ("AUP") regulates the use of the Services and is also incorporated by reference into the BTL Website Terms and Conditions. Unless otherwise indicated, the terms defined in this AUP have the meanings set out in this Agreement. BTL may modify this AUP at any time and without prior notice.
  2. The Services offered by BTL can only be used for lawful purposes. You agree to comply with all Laws, rules and regulations in connection with your use of the Services. BTL reserves the right to refuse to provide the Services to any person. Any material or conduct which in BTL’s reasonable judgment, violates this AUP in any way can be removed from BTL’s servers (or otherwise disabled) without notice.

 

 

 

 

2)    OBJECTIVES

  1. BTL provides to businesses and consumer users, a variety of telecommunication services, internet services and other services, including but not limited to, fixed voice services, fixed and mobile services, Digi AirNet, data services, information technology related products and services such services as internet access, content delivery services, electronic mail (email) packages and services, worldwide web hosting arrangements, online and internet-related telecommunication services (each, a "Service" and collectively the "Services").
  2. This AUP defines the acceptable use of the Services with a view to ensuring quality of service and the privacy of our Customers and the integrity, security, reliability and privacy of the BTL Network, systems, products, Services, server hosting facilities and data contained therein (collectively, the "BTL Network"). BTL's Customers (“Customers” who for the purposes of this policy, are defined as any party who purchases a Service from BTL, and “Customer” shall be construed accordingly) are required to comply with this AUP as a condition of receiving Services from BTL.
  3. BTL's Customers are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the BTL Network.

 

3)    PROHIBITED ACTIVITIES

  1. It is contrary to BTL’s policy for any of its Customers or other service users to effect or participate in any of the activities listed below in Clauses 4 and 5 (whether actual or attempted and whether directly or indirectly) through a service that is illegal under applicable Law, that is harmful to others, or that would subject BTL to liability, including without limitation, in connection with any of the activities in Clauses 4 and 5 which is prohibited under this AUP.
  2. Each of the activities listed in Clauses 4 and 5 below (each, a "Prohibited Activity") constitute an abuse of the BTL Network and such activities are prohibited.

 

4)    POSTING OR SENDING

  1. Posting or sending messages substantially similar in content to ten (10) or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List").
  2. Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published Frequently Asked Questions (“FAQs”) or descriptions of the List;
  3. Publishing mail bombs, chain letters or pyramid schemes;
  4. Sending unsolicited commercial messages or communications in any form ("SPAM").

 

  1. Phishing or engaging in identity theft.
  2. Distributing computer viruses, or other malicious code.  For ease of reference, “Virus” means any program or code which may prevent, impair, affect the reliability of, destroy, damage, interfere with, corrupt, or cause undesired effects on any program, computer, system, software, code, data or other information including all trojan horses, worms, spyware, logic bombs and any other similar files, scripts, agents things or devices which are malicious or technologically harmful (such as by way of a denial-of-service attack), and “Viruses” shall be construed accordingly.
  3. Distributing pornography or adult related content or offering any escort services.
  4. Promoting or facilitating violence or terrorist activities.
  5. Infringing the intellectual property or other proprietary rights of BTL or others.

 

5)    FALSIFYING USER OR OTHER SERVICE INFORMATION

  1. Falsifying user or other service-related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to BTL or to other service users or engaging in any activities or actions intended to withhold or cloak Customer's or its end users identity or contact information.
  2. Engaging in any other activity that:

                                          i.    Violates a Law or regulation (including, but not limited to, libel, slander, and invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights).

                                        ii.    Threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of Viruses, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware).

                                       iii.    Has the purpose of harming or attempting to harm minors in any way.

                                       iv.    Attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage.

                                        v.    Otherwise degrades or interferes with other users' use of a Service.

                                       vi.    Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

                                      vii.    Violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations.

                                     viii.    Engaging in any of the activities listed above in paragraph 5(b) i to vii by using another provider's service, but channeling the activity through a BTL account, remailer, or otherwise through a Service.

                                       ix.    The use of any lewd, offensive, profane, indecent, defamatory, libelous, slanderous, obscene, abusive, menacing, threatening, immoral words and/or phrases as part of a Customer's e-mail address and/or Universal Resource Locater (“URL”) is strictly prohibited and BTL will not allow the use of any e-mail address(es) and/or URL(s) which contains such material.

  1. Any indirect or attempted violation of this AUP by a Customer or on behalf of a Customer or a Customer's end user, and any actual or attempted violation by a third party on behalf of a Customer or a Customer's end user, shall be considered a violation of this AUP by such Customer or Customer's end user.

6)    RIGHTS AND REMEDIES

 

  1. If BTL determines that a Customer, its representatives or its end users have breached or failed to comply with this AUP or engaged (or permitted others to engage) in a Prohibited Activity, BTL may take such action as it deems appropriate. This may include all or any of the following:

                                          i.    Suspending and/or terminating a Customer's Service at any time.

                                        ii.    Issuing of a warning to a Customer.

                                       iii.    Commencing Legal proceedings against a Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this AUP.

                                       iv.    Denying all traffic from known IP address blocks that support indiscriminate port scanning programs such as Proxy Hunter, or other unlawful activity, for the purpose of preserving Customer's system and network resources.

                                        v.    Undertaking further legal action against a Customer.

                                       vi.    In the event of illegal activities, investigating and notifying the appropriate legal authorities.

7)    PRIVACY POLICY

  1. If BTL receives a Court Order requiring BTL to reveal a Customer’s identity to someone complaining that You have used the Services abusively, BTL will be entitled to do so. BTL will also be entitled to reveal your identity or other data BTL holds regarding your use of the Services to the police or other public authority if BTL is required to do so by Law.
  2. BTL will consider all cases and complaints according to their individual merits. BTL has the right to take action against you even where a complaint is made against you for breach of this AUP.
  3. BTL reserves the right to, where feasible; implement technical mechanisms to prevent a Prohibited Activity. In addition, BTL reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount equal to BTL’s actual expenses incurred in preventing or responding to such activity.
  4. For complaints of SPAM only: In addition to any applicable charges described above in paragraph 7(c), BTL reserves the right to charge the Customer the amount set forth under applicable Law or if no amount is specified $20.00 (twenty Belize Dollars) per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the BTL Network (they increase BTL costs by clogging the Network, rendering websites inaccessible and potentially leading to down time of Customers' mission-critical internet applications).
  5. Nothing in this AUP limits BTL’s rights and remedies (available at Law or in equity) in any way with respect to any Prohibited Activity.

8)      PASSWORD PROTECTION

Customers are responsible for protecting their password(s) and for any authorised or unauthorised use made of their password(s). Customers must not disclose their password(s) or use or permit anyone to use the BTL Service to guess passwords or access other systems or networks without written authorisation. In the event a network or network device becomes compromised, BTL will assist in the tracking and/or expulsion of said offender on the network level to the extent BTL considers reasonable, at its sole and absolute discretion.

9)    FAIR USE POLICY

  1. Digi AIrNet is a shared service and the activities of some users can impact the services and bandwidth available to other users. In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some Customers use a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience. Particularly at peak times, data rates may be reduced by contention within the BTL Network and the public Internet.
  2. In order to preserve the quality of the Services, BTL applies a Fair Use Policy ("FUP"), to ensure that those Customers using excessive bandwidth-consuming applications do not use our Service to the detriment of our other Customers.
  3. BTL routinely monitors the performance of our BTL Network. However, as part of the application of the FUP BTL may be required to limit the amount of bandwidth available to a user of applications that consume large amounts of bandwidth including downloading unusually large files. This approach will ensure a fair allocation of bandwidth to all Customers.
  4. BTL will not be liable to such user for the quality, integrity or continuation of the Service.  
  5. The FUP is mainly aimed to avoid any unfair disruption of Services resulting from extreme peer-to-peer usage, other file-sharing software and download of very large files during peak times, we do not prevent or block the use of such applications or downloads.
  6. If you do not use peer-to-peer or file-sharing software or if you don't download very large files continuously, then it is unlikely you will be affected by this FUP policy.
  7. As BTL upgrades its broadband capabilities, users will be able to experience different type of content enabled by the higher access speeds. We may introduce explicit download limits (measured in Gigabytes) to some broadband packages in order to enable us to manage the Customer’s experience. Obviously, we will communicate such limits as well as any available upgrade option or charges for excess usage.

10) MOBILE SERVICES AND INTERNET FAIR USE POLICY

 

  1. Mobile Internet is a shared service and the activities of some users can impact the services available to other users. “Mobile Internet” refers to access to the World Wide Web (i.e., the use of browser-based Internet services from a handheld mobile device, such as a smartphone, a feature phone, a tablet, computer or a dongle, which are connected to a mobile network).
  2. In an ideal environment, all users would obtain an equal percentage of the available voice minutes, text and bandwidth. Unfortunately, some users take a disproportionately greater share of the available voice minutes, text and bandwidth and, as a consequence, other users suffer a diminished experience.
  3. In order to preserve the quality of our Mobile Network [also known as GPRS / EDGE / HPDPA / HSPA+/ 3G and 4G LTE] and to be able to provide quality mobile services to our Customers for mobile services that also include unlimited usage of voice calls, text, and Mobile Internet, BTL is enforcing BTL’s FUP and mobile terms and conditions through this Mobile Fair Use Policy ("Mobile FUP"), effective immediately. BTL’s Mobile FUP is intended to ensure that users who consume large amounts of voice minutes, text, bandwidth or download unusually large files do not use their Service to the detriment of other Mobile customers. 
  4. If a Customer violates this Mobile FUP and makes reckless and excessive use of voice minutes, text, and Mobile Internet beyond the limit of normal/permissible use as defined by their respective mobile plan(s), BTL reserves the right, to proceed to impose additional charges without any further notice to the Customer.
  5. Our Mobile FUP is intended to avoid any unfair disruption of our mobile services and of our Mobile Internet services resulting from peer-to-peer ("P2P") usage, tethering of a computer over the Mobile Internet network (i.e., using your phone as a modem), other file-sharing software, and the use of Voice Over Internet Protocol (“VOIP”) on the BTL Network. If you attempt to access these applications on the Mobile Internet network, without the appropriate data plan, these applications will not work. Where a data plan is restricted to certain types of devices (for example, smartphones, tablets, or dongles), we may restrict your use of certain applications if the plan is used on another type of device.  P2P usage is not permitted on any data plan.
  6. If you do not use P2P, do not tether your computer, and do not use a dongle, file sharing software or VOIP on the Mobile Internet network, then it is unlikely you will be affected by this Mobile FUP policy.

11) MODIFICATION OF THE POLICIES

 

BTL reserves the right to update and change any of the AUP, FUP, Mobile FUP policies from time to time. You are expected to check our website page (www.livedigi.com) from time to time to take notice of any changes we make to these policies, as such updates are legally binding on you. Some of the provisions contained in these policies may also be superseded by provisions or notices published elsewhere on our website or written documents issued to you.

 


 

MOBILE SERVICES TERMS & CONDITIONS OF USE

 

These terms of service (“Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “You”, “Your”, or “Customer”) and Belize Telemedia Limited and its subsidiaries (collectively “We”, “Us” “BTL” “DigiCell”, “Digi” or “Company”). This Agreement sets out certain terms applicable to the use of mobile telephone services and the use of uSIM Cards and eSIM Cards issued by BTL to You for use on BTL’s mobile telecommunications network (“SIM Cards”). By purchasing or using a SIM Card, You agree to be bound by this Agreement.

 

1        DEFINITIONS AND INTERPRETATION

 

1.1              In this Agreement:

 

 

“DigiCell TopUp”

 

Means direct top up, prepaid cards (including DigiCell tele cards) and e-Pins.

 

“eSIM Card”

Means a programmable SIM Card that is embedded directly in a mobile phone device instead of an integrated circuit located on a removable universal integrated circuit card, typically made of PVC, and used to access BTL’s mobile telecommunications network. An eSIM Card consists of software installed onto an eUICC chip permanently attached to a mobile device.

 

“Law”

 

Means:

(a) any law, statute, regulation, by-law or subordinate legislation in force in Belize from time to time to which BTL and or You is subject;

(b) the common law and laws of equity as applicable to BTL and or You from time to time;

(c) any court order, judgment or decree that is binding on BTL and or You;

(d) any applicable industry code, policy or standard; or

(e) any applicable direction, policy, rule or order that is binding on BTL and or You and that is made or given by any regulatory body having jurisdiction over BTL and or You or any of BTL or Your assets, resources or business.

 

“OffNet’

Means calls made or SMS messages sent from a SIM Card to a telephone number which is not a DigiCell telephone number.

 

“OnNet”

Means calls made or SMS messages sent from a SIM Card to a DigiCell telephone number.

 

“Postpaid Services”

Means any of the mobile telecommunication services provided to You by BTL which You are required to pay for after having used such services.

 

“Prepaid Services”

Means any of the mobile telecommunication services provided to You by BTL which You are required to pay for before using such services.

 

“SIM Cards”

Means both uSIM Cards and eSIM Cards issued by BTL for use on BTL’s mobile telecommunications network, and SIM Card means either a uSIM Card or an eSIM Card issued by BTL for use on BTL’s mobile telecommunications network.

 

“uSIM Card”

Means a SIM Card which is an integrated circuit located on a removable universal integrated circuit card, typically made of PVC, and used for accessing BTL’s mobile telecommunications network.

 

1.2              Interpretation

 

In this Agreement:

 

1.2.1     A reference to this Agreement includes its schedules, appendices and annexes (if any), and any document referred to or incorporated by reference.

1.2.2     A reference to a BTL and or You includes BTL and Your personal representatives, successors and permitted assigns.

1.2.3     A reference to a gender includes each other gender.

1.2.4     Words in the singular include the plural and vice versa unless the context requires otherwise.

1.2.5     Any words that follow “include”, “includes”, “including”, “in particular” or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

1.2.6     The headings contained in this Agreement and the use of bold type are for ease of reference only and shall not affect its construction;

1.2.7        A reference to legislation is a reference to that legislation as in force as at the date of this Agreement OR amended, extended, re-enacted or consolidated from time to time.

 

2     SCOPE OF TERMS AND CONDITIONS

By using a mobile telephone service or purchasing a SIM Card for use on BTL’s mobile telecommunications network, You agree to be bound by the terms and conditions set forth in this Agreement.

 

3     CHANGES TO THESE TERMS AND CONDITIONS

BTL may at its sole discretion, unilaterally change or amend these terms and conditions from time to time and any such change or amendment shall be effective upon such changes or amendments being published on BTL’s website at www.livedigi.com.

 

4     DIGICELL POSTPAID SERVICE

4.1          To use PostPaid services, You will need a SIM Card, that can be obtained from any of BTL’s Digi Stores countrywide.

4.2          With BTL’s DigiCell PostPaid Service, You shall pay a fixed monthly fee for the plan of Your choice.

4.3          You may choose from any DigiCell PostPaid plan, which are inclusive of OnNet and OffNet minutes, text, data, Value Added Features and Free Services.

4.4          Certain DigiCell PostPaid plans are subject to BTL’s Fair Usage Policy. For additional information regarding BTL’s Fair Usage Policy, please see Clause 6 of this Agreementand or visit  www.livedigi.com/terms-and-conditions.

4.5          International Dialling, Voice and SMS Roaming are a default services that You will be able to use that will be charged based on usage and varying rates.  You can also apply for International Data Roaming, purchase Data Roaming plans, text, voice, or data add-ons, if necessary, all of which are billable to Your account.

 

 

 

5     DIGICELL POSTPAID DATA ONLY PLANS

5.1          BTL’s DigiCell’s PostPaid Data Only plans and Machine to Machine (M2M) plans offer You a monthly data plan inclusive of data only. Any OnNet or OffNet calls, or messages made will be billed to Your account and charged separately from Your monthly data plan price.

5.2          International Dialling, Voice and SMS Roaming are a default services that You will be able to use that will be charged based on usage and varying rates. You can also apply for International Data Roaming, purchase Data Roaming plans, text, voice, or data add-ons, if necessary, all of which are billable to Your account.

 

6     BTL FAIR USAGE POLICY

6.1          Plans are for normal residential use only and are not for any commercial or other unauthorized use.

6.2          The use of text allowances for broadcast texts, advertising, spam or other commercial or unauthorized use is prohibited.

6.3          Your plan may be suspended or overage charges applied for excessive or commercial use outside of the Company’s Fair Usage Policy.

6.4          The DigiNet Free Mobile PostPaid Plan, Starter, Lite and Plus PostPaid plans which include Free or Unlimited OnNet and OffNet Minutes are capped at 10,000 minutes (5,000 minutes for OnNet and 5,000 minutes for OffNet) as per the Fair Usage Policy. The Elite and Max Shared plans which include Unlimited OnNet and OffNet which are capped at 40,000 minutes (20,000 minutes for OnNet and 20,000 minutes for OffNet) as per the Fair Usage Policy. Usage exceeding this Fair Usage Policy will be charged at a low rate of $0.10 OnNet or $0.16 OffNet. These rates exclude General Sales Tax (“GST”).

6.5          The Starter, Lite and Plus plans include Unlimited OnNet and OffNet Text capped at 10,000 minutes as per the Fair Usage Policy. The Elite and Max Shared plans include Unlimited OnNet and OffNet Text capped at 20,000 minutes as per the Fair Usage Policy. Usage exceeding this Fair Usage Policy will be charged at a low rate of $0.05 OnNet and $0.15 OffNet. These rates exclude GST.

6.6          The Plus, Elite and Max Plans include Unlimited Data capped at 500,000MB, 2,500,000MB and 3,500,000MB as per the Fair Usage Policy. Usage exceeding this Fair Usage Policy will result in loss of data.  Customers will have the option to purchase any of the Data Add-on plans.

6.7          In this Clause 6, OnNet refers to calls or messages sent to a Digi telephone number.

6.8          In this Clause 6, OffNet refers to calls or messages sent to Speednet Communications Limited (“Smart”) numbers.

 

7     DIGICELL PREPAID SERVICE

7.1          You may add value to Your PrePaid Service number in several values or recharge with any value ranging from $1.00 (one Belize Dollar) to $500.00 (five hundred Belize Dollars). This can be done using DigiCell TopUp.

7.2          The amount of usage credit You add onto Your account for PrePaid Services is Your choice. The minimum usage credit that can be added to Your account for Prepaid Services is $1.00 (one Belize Dollars).

7.3          PrePaid Services shall not cause You to incur monthly bills for Prepaid Services.

7.4          To use PrePaid Services, You will need a SIM Card, which can be purchased at any of BTL’s Digi Stores or authorized SIM agents countrywide.

7.5          SIM Cards that are used for PrePaid Services are subject to termination by BTL after 90 (ninety) days of no recharge. If no recharge is done within 90 (ninety) days, a warning shall be delivered to the telephone number associated with Your SIM Card, 5 (five) days before termination. To avoid termination of number, consistent credit recharge of Your usage credit is recommended.

 

8     SIM CARD PRICES

The prices for Your purchase of SIM Cards are the following:

SIM Card Description

Price with Tax

Free Service

Expiration Date

New PrePaid Service SIM Card

$22.50

$10 BONUS credit + 1024MB data

10 days

SIM Card Replacement

$16.88

N/A

N/A

New PostPaid Service SIM Card

$16.88

N/A

N/A

 

9     PREPAID SHORT CODES

Dial *100# or *100 to access the full DigiCell Prepaid Service Menu of services. You can dial short codes to get direct access to convenient menu options. Use these short codes to make Your use of SIM Cards easy:

 

GENERAL

■ Dial *000# for Customer Service

■ Dial *130# to select the Language of Your choice (English and Spanish)

■ Dial *205# to Check Your Mobile Number

 

RECHARGE YOUR ACCOUNT OR FRIENDS AND FAMILY USE EITHER A PREPAID CARD OR E-PIN

■ Dial *202# to recharge or add value to Your account

■ Dial *200# followed by option 2 for a third Party Recharge. Send credit directly to friend or family’s DigiCell Prepaid account using either a Prepaid card or e-PIN.   

 

CHECK BALANCE

■ Dial *201# for Your Account balance via flash message

■ Text BAL to 100 to receive an SMS with Credit and Balance Notification

 

DIGICELL FEATURES

CALL ME - Dial *204# to request a Call Me from a friend or family member

SEND CREDIT - Dial *203# to send credit directly to friend or family from Your primary balance 

 

PURCHASE DIGICELL PLANS

■  Dial *300# to purchase a Text Bundle or check Your text balance

■  Dial *400# to purchase a data plan or check Your data balance

 

10   DIGICELL MOBILE DATA

10.1       DigiCell mobile data gives You access to internet on Your mobile device. BTL’s PostPaid Service and PrePaid Service plans give You the freedom to choose a plan to suit Your budget and lifestyle. 

10.2       As a PrePaid customer, You can choose from any of BTL’s PrePaid Service data plans or choose a monthly plan that is billed to Your account, while You maintain your PrePaid Service number. As a PostPaid customer, You can choose a Data Only Plan or a PostPaid plan including voice, text and data.

10.3       BTL’s PrePaid Service data plans start as low as $1.00 (one Belize Dollars) for 130MB.

10.4       BTL’s PostPaid Service Data Only plans start as low as $28.11 monthly for 4.5GB of data.

10.5       BTL’s PostPaid Service customers get 8GB of LTE data for as low as $55.13, including voice and text.

10.6       You may also access Mobile data using a machine-to-machine Data plan or DigiNet free Mobile plan which includes data, as well as voice and text.

10.7       You can access the Internet using Your same DigiCell PrePaid or PostPaid Service number when traveling abroad with DigiCell’s Roaming Service.

10.8       DigiCell’s mobile services are subject to BTL’s Acceptable Use and Fair Use Policies.

 

 

 

11   DIGICELL INTERNATIONAL ROAMING

11.1       When traveling abroad, DigiCell’s PostPaid Service and PrePaid Service customers can stay in touch with friends, family, and business associates.

11.2       You may use Your existing DigiCell cell phone number to make and receive calls and text messages while travelling overseas.

11.3       PostPaid Service customers must contact Digi Customer Service or visit a Digi Store to activate international Data roaming.

11.4       PrePaid Service customers activation of international roaming is free and automatic.

11.5       PostPaid and PrePaid customers can data roam with simpli­fied data plans. Plans can be purchased prior to leaving Belize or while traveling. You can check Your PrePaid Services account balance and more while away from Belize, by dialling *100# or accessing the DigiGo App. PostPaid Service customers can view their Roaming usage by accessing the DigiGo App.

11.6       You can check Your Voice Mail while traveling outside of Belize by doing the following:

11.6.1   Dial +501-610-9134. If You are using a fixed line telephone, You will also need to dial the access code, for example in USA You will need to dial 011-501-610-9134.

11.6.2   Upon hearing the welcome message, enter Your mobile number followed by the asterisk sign. Example- 610-9999*

11.6.3   You will be prompted to enter Your password followed by an asterisk. Example (6-8 characters)- 123456*

11.6.4   You will now have access to Your mailbox and You should follow the automated attendant.

11.6.5   If You forgot Your password, You can contact Digi Customer Service at +501-227-7626 or our 24-hour hotline at email digihelp@livedigi.com while roaming.

11.7       DigiCell has agreements with more than 200 GSM network operators worldwide. Network operators use different technology and radio bands so if You plan to travel, You are advised to visit www.livedigi.com for country listing and network frequency of the country You are planning on visiting to ensure that Your phone will work in that area. It is recommended that You utilize a quad band device.

 

12   DIGICELL TEXT MESSAGING SERVICE

You can send and receive SMS messages (text messages) to and from any mobile telecommunication subscriber in Belize and abroad.

 

 

13   DIGICELL TEXT BUNDLES

DigiCell customers may purchase text bundles of 60, 150 or 1100 for as low as $0.02 per text. PrePaid Service customers can dial *100# and follow the on-screen instructions or dial *100 for automated instructions to purchase a text bundle.

 

14   CREDIT MI

Qualifying DigiCell PrePaid customers can receive credit advances between $1.00 (one Belize Dollars) and $20.00 (twenty Belize Dollars). Send the keyword “GET CREDIT” or “GETCREDIT” to +456 or 456 to get approved advance amounts and get up to 90 (ninety) days to repay. To qualify customers must be with DigiCell for at least 2 (two) months and recharged a minimum of $6.00 (six Belize Dollars) per month.

 

15   D’LOOP

You may opt to get the latest news updates, lottery results, horoscope and much more daily or on demand with BTL’s D’loop service.  Type “Start” along with keyword to get daily D’loop information or type “Get” along with keyword to get D’loop information only when You need it. For example send “Start News” or “Get News” to D’loop (35667). This service comes at an additional charge that will either be deducted from Your primary balance as a Prepaid customers or billed to Your account as a PostPaid customer.

 

16   PREPAID CELLULAR SERVICE FOR TOURISTS

BTL’s DigiCell mobile telephone service is available to tourist and visitors who want short-term mobile telephone service.  For instance, a customer can use their GSM 850/1900 device and purchase a PrePaid SIM Card from any Digi Store or authorized retailers countrywide.

 

17   REGISTRATION OF SIM CARDS

BTL is required by Law to record Your name, address and other particulars that sufficiently identify You as the owner of a SIM Card. You shall provide BTL with these details whenever You purchase a SIM Card.

 

18   WARRANTIES

18.1       BTL makes no warranty in respect of the SIM Cards’ fitness for any special or specific purpose which You use or intend to use the SIM Cards.

18.2       BTL warrants that the SIM Cards are provided to You by BTL in accordance with the Law.

 

 

19   BTL POLICIES

BTL’s from time to time concerning the use of SIM Cards and or BTL’s mobile telecommunications network are incorporated into this Agreement by reference.

 

20   SEVERANCE

If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

21   ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and BTL and supersedes all previous agreements, understandings, and arrangements between You and BTL in respect of its subject matter, whether in writing or oral. Both You and BTL acknowledge that either of BTL or You have not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement.

 

22   LAW AND JURISDICTION

22.1       This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the Laws of Belize.

22.2       The Courts of Belize shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

 

23   FURTHER INFORMATION

For more information on DigiCell Services visit www.livedigi.com or call 0-800-FOR-DIGI.