TELECOMMUNICATIONS SERVICES OF TRINIDAD AND TOBAGO LIMITED
INTERNET AND ENTERTAINMENT TELEVISION SERVICES TERMS AND CONDITIONS
These Terms and conditions are supplemental to the terms and conditions of service published by TSTT in the telephone directory. In the event of any inconsistency, these terms and conditions shall prevail as they relate to the provision of TSTT’s internet and entertainment services.
This Agreement is between you, the Customer, and TSTT and sets forth the terms of service covering your purchase from TSTT of a single TSTT service or a bundle of TSTT services which bundle will include a combination of the Fixed Line Voice, Internet and/or Entertainment services as offered by TSTT in its sole and absolute discretion from time to time and which constitutes a legal document that details your rights and obligations as a purchaser of the selected Service/Services.
A. TSTT’s Internet Service terms and conditions are contained in Schedule 1 hereto;
B. TSTT’s Entertainment Television terms and conditions are contained in Schedule 2 hereto; and
More than one of the abovementioned terms and conditions may apply depending on the service/services that you select.
Schedule 1
TELECOMMUNICATIONS SERVICES OF TRINIDAD AND TOBAGO LIMITED
TSTT’S INTERNET TERMS AND CONDITIONS
TSTT BLINK BROADBAND SERVICE is an Internet and ADSL service offered by TSTT via its Telephone System. A firewall and an ADSL modem or router and peripheral devices or any other equipment provided by TSTT to enable the use of the Service (“Equipment”) shall be incorporated into the BLINK BROADBAND SERVICE. With the exception of subscribers who purchased a modem or router, the modem/ router shall remain the property of TSTT and shall be maintained and repaired by TSTT.
Saleof TSTT Equipment
1.1 All risks in the Equipment shall pass to you upon delivery. Unless otherwise specified delivery shall be deemed to take place when the Equipment has been delivered to you or to the location specified by you.
1.2 All dates and times specified to you for delivery of the Equipment are best estimates only. We shall have no liability for any losses or other expenses sustained or incurred by you as a result of delay. You shall not be entitled to refuse acceptance of the Equipment as a consequence of such delay.
2.1 Until we have been paid in full for the Equipment supplied to you, you shall hold the same in a fiduciary capacity as bailee for us, and legal and beneficial title to the Equipment shall remain with us and you shall store it in such a way that it is clearly our property;
3.1 We shall use all commercially reasonable endeavours to supply the Equipment in accordance with the specification therefore.
3.2 We shall use our reasonable endeavours to ensure that all technical information, particulars of Equipment and performance specifications and performance descriptions submitted by us are as accurate as possible, but are not to be treated as binding or as forming part of this Agreement or part of any contract between us. We shall provide you with any user manual for the Equipment as supplied by the manufacturer.
4.1 We will grant to you a warranty consistent with the manufacturer’s warranty. Any Equipment which is found to our satisfaction to be defective at the time of delivery to you or within seven (7) days thereof as a result of faulty design, manufacture or workmanship will be replaced by us during that period at no cost. Thereafter we agree to repair free of charge defective TSTT Equipment for up to a period of twelve (12) months from the service start date provided that in either case:
(a) the Equipment has not been misused mishandled, overloaded, amended, modified or repaired in any way by you, your servants or agents, or any other person not authorised by us for the purposes thereof or used for any purpose other than that for which it was designed;
(b) you provide us with proof of purchase of the Equipment from us; and
(c) the manufacturer of such Equipment has provided us with a warranty of at least twelve (12) months. Should the manufacturer’s warranty be shorter, and you comply with 4.1 (a) and 4.1 (b), we shall provide a warranty equal in duration to that provided to us by the manufacturer.
4.2 Our obligations under clause 4.1 above shall apply during our normal working hours.
4.3 Any Equipment or component parts of the Equipment replaced by us pursuant to clause 4.1 shall upon replacement become the property of TSTT unless and until title has passed to you in accordance with clause 2.1.
4.4 Save as expressly set out in this Agreement all conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the Equipment are expressly excluded from this Agreement.
5.1 The express warranty and undertaking given above is the only warranty given by us and shall be our entire liability including liability for negligence in respect of the sale of Equipment to you.
Rental Of TSTT Equipment
1.1 All risks in the Equipment shall pass to you upon delivery. Unless otherwise specified delivery shall be deemed to take place when the Equipment has been delivered to you or to the location specified by you.
1.2 All dates and times specified to you for delivery of Equipment are best estimates only. We shall have no liability for any losses or other expenses sustained or incurred by you as a result of delay. You shall not be entitled to refuse acceptance of the Equipment as a consequence of such delay.
1.3 You are responsible for ensuring that after delivery of Equipment, it is not damaged, interfered with, modified, adapted or mistreated by you or by any third party and that it is not repaired by any person other than us.
1.4 You are responsible for the proper use of the Equipment and if the Equipment is damaged, lost or stolen following delivery you must pay our charges for repairing or replacing such Equipment, except that you shall not be liable to pay any sums in respect of repair or replacement as a result of wear and tear of Equipment. You shall notify us immediately of any such damage, loss or theft.
1.5 We may request a deposit from you to meet your obligations under clause 1.4
2.1 Title to the Equipment shall be retained by us at all times and you may not remove, tamper with or obliterate any identification mark attached to the Equipment showing that it is our property. On all occasions when the ownership of the Equipment is relevant, you shall make clear to third parties that the same is our property.
2.2 You may not assign or otherwise transfer any Equipment, either temporarily or permanently, to a third party without our prior consent in writing.
3.1 We shall use all commercially reasonable endeavours to supply the Equipment in accordance with the specification therefore.
3.2 We shall use our reasonable endeavours to ensure that all technical information, particulars of Equipment and performance specifications and performance descriptions submitted by us are as accurate as possible, but are not to be treated as binding or as forming part of this Agreement or part of any contract between us.
4.1 The express warranty and undertaking given above is the only warranty given by us and shall be our entire liability including liability for negligence in respect of the rental of Equipment to you.
5.1 On termination of the Agreement for whatever reason, you will return or make available for collection by us, TSTT Equipment rented from us. If you do not return such TSTT Equipment we will add the value of such TSTT Equipment to your account, which will be forwarded, to our debt collector for collection. For the purposes of this section “our offices” means our registered office, business offices or those locations from time to time where we sell or rent equipment.
5.2 If you terminate this Agreement prior to the expiration of the relevant term or otherwise than in accordance with this clause you will pay us a cancellation charge in the amount calculated at the time of termination, which will be based on any subsidy provided by us to you whether on TSTT Equipment or Service.
5.3 If you have a problem with the Service you shall immediately report same to TSTT by calling 824-TSTT or such number as TSTT may advise from time to time. Failure to do so may result in your full and complete waiver of any defense you may have as a result.
6.1 The Customer shall indemnify TSTT from all claims, losses or expense arising out of the failure to utilize a TSTT provided ADSL modem/router.
6.2 BLINK BROADBAND SERVICE requires a line filter for each telephone or fax machine connected to the Customer’s Telephone Service line to eliminate noise and interference on the telephone line caused by the ADSL service. TSTT may provide a maximum one (1) POTS splitter and two (2) line filters per BLINK BROADBAND SERVICE. The Customer may purchase additional line filters from either TSTT or another source, provided that such filters are determined by TSTT to be compatible with BLINK BROADBAND SERVICE.
6.3 BLINK BROADBAND SERVICE requires a personal computer of at least 333MHZ and 32 MB of RAM. The Customer has sole responsibility for ensuring that the computer meets the required minimum specifications and will be required to pay for any installation, ADSL modem and other related charges incurred by TSTT to provide the BLINK BROADBAND SERVICE to the Customer.
6.4 If TSTT provides software that is accompanied by a license agreement, whether such software is owned by TSTT or its third-party supplier(s), the Customer shall abide by the terms of the software license.
6.5 TSTT shall have no obligations or liabilities whatsoever in connection with any third-party license agreement software, whether such third-party license agreement software is used in connection with the BLINK BROADBAND SERVICE, or is used independently of the BLINK BROADBAND SERVICE, including, without limiting the generality of the foregoing, in connection with the use thereof.
6.6 The Customer agrees to look exclusively to the third-party license agreement software supplier with respect to all matters relating to its software.
6.7 The Customer shall comply with any TSTT guidelines and applicable Internet instructions, Terms and Conditions and regulations concerning the use of the BLINK BROADBAND SERVICE, software and the Internet.
6.8 The Customer shall use the BLINK BROADBAND SERVICE in accordance with TSTT’s Fair Usage Policy document as amended from time to time, which is published on the TSTT corporate website and made a part hereof. Data transfer in excess of the said Fair Usage Policy shall be treated as a violation of this Agreement and the Service.
6.9 TSTT is not responsible for the installation, maintenance, compatibility or performance of any third-party equipment or software not provided by TSTT, and if such third-party equipment or software impairs the BLINK BROADBAND SERVICE, i) the Customer remains liable for payment and ii) if it is likely to cause hazard or service obstruction, the Customer will eliminate such likelihood at TSTT’s request.
6.10 The Customer may not provide access to the INTERNET to third parties for reward or otherwise resell this BLINK BROADBAND SERVICE.
6.11 Where TSTT or any of its agents completes the installation of the BLINK BROADBAND SERVICE at the Customer’s premises, the BLINK BROADBAND SERVICE will be deemed as completed and billing shall commence immediately upon the completion of the Customer’s premises installation.
6.12 Where a Customer or a third party agent acting on the Customer’s behalf, completes the installation of the BLINK BROADBAND SERVICE at the Customer’s premises, the BLINK BROADBAND SERVICE will be deemed as completed and billing shall commence two (2) days after the receipt of the ADSL modem/router by the customer or its third party agent.
6.13 TSTT may disconnect or suspend service for any of the following reasons:
(a) If the Customer is indebted to TSTT for any service previously rendered.
(b) If the BLINK BROADBAND SERVICE is going to be used or is used in violation of any statute, law or of any
regulation, rules or orders made under any statute on law.
(c) If circumstances indicate an intention to defraud.
(d) If it is discovered that the Customer has engaged, or is engaging in the unauthorized access of computers, computer networks or services either locally or internationally.
(e) If used for any profane, offensive or immoral purpose, or any purpose which in the sole discretion of the company is non-desirable.
(f) If the Customer is in breach of any term of this agreement, including but not limited to default of payment of any charges herein.
(g) if used for voice communication or so as to avoid, evade or reduce payment of the standard changes applicable
from time to time for any telecommunications services provided by the Lesser.
(h) as provided in clause 8 of the Terms and Conditions of Telephone Service as contained in the Telephone Directory, which forms an integral part of this Agreement and to which the Customer hereby agrees to be bound.
(i) Without prejudice to the above, either party may, terminate this agreement at any time after giving thirty (30) days’ written notice to the other party of their intention to do so.
6.14 The Customer shall be responsible for providing all and any end user hardware and software required to access the BLINK BROADBAND SERVICE as well as any licenses required therefore.
6.15 The Customer shall be solely responsible for providing for any security, privacy or data integrity services or applications that it may desire for its computer network and any data stored on that network or accessed through the BLINK BROADBAND SERVICE. The Customer acknowledges and assumes all liabilities relating to, and risks associated with unauthorized access by a third party via the BLINK BROADBAND SERVICE to each computer network and data.
6.16 It is the Customer’s responsibility to ensure that any and all equipment acquired and/or used by it is appropriate for the purpose for which is required.
6.17 The Customer shall be responsible for any professional modem installation or server configuration required to support its business operations.
6.18 The Customer may not post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person. The Customer may not post or transmit any message, data, image or programme which is indecent, obscene or pornographic.
6.19 The Customer may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
6.20 The Customer may not interfere with other users’ use of the Service.
6.21 The Customer may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission.
6.22 The Customer may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
6.23 The Customer may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, TSTT reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
6.24 You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
6.25 TSTT SHALL NOT BE RESPONSIBLE OR LIABLE for the unauthorized access by customers or users to information held by other persons or organizations participating in the INTERNET (known as “HACKING”) or for any virus or harmful programme which may be introduced by a Customer or user, or for any unlawful or unauthorized or fraudulent access to or use of the Customer BLINK BROADBAND SERVICE by any person.
6.26 Customers are not guaranteed service availability in all areas. Actual ADSL line speeds will depend on several factors including customer location, computer performance and configuration, network or Internet traffic, websites accessed and current phone line conditions. Speed of service, uninterrupted and/or error free service is not guaranteed.
6.27 (a) TSTT does not guarantee a service level and/or connectivity to users of peer to peer or file sharing software/applications.
(b) TSTT does not guarantee that the information available and/or accessed through the Internet shall be appropriate for any party’s needs, free from viruses or other disabling codes, or that such information shall not infringe upon any proprietary or other rights of others
6.28 TSTT may use and disclose any personal information you give us for the purposes of managing your account and providing the Service. We may also disclose this information to our contractors and agents in connection with these purposes. As part of our sales and marketing activities we and our associated companies may write to you or send you messages (inclusive of e-mails or text messages) to give you details of our other products or services available. We may also disclose your personal information to research organisations for the purpose of surveying our customers’ opinions about our Service. If you do not wish us to use your data for these purposes you must notify us in writing. Should you use the Service to access data, content or Internet Services, your telephone number and other subscriber identification may be transmitted, and you may provide personal information, to third parties. The way third parties handle and use your information is governed by their policies, and we have no responsibility for their policies or for their compliance with them.
6.29 The Customer shall indemnify and save TSTT against all claims for libel, slander or infringement of copyright license or patent arising from the material transmitted or received via the Port hereby leased and against all other claims arising out of any or omission of the Customer in connection with the said Port.
Blink Broadband Wireless Service
For the Blink Broadband Wireless Service (the Internet terms and conditions specified above in this Schedule shall also apply where applicable. In the event of any inconsistency, the below mentioned terms and conditions shall prevail.
1. The Blink Broadband Wireless Service (“the Wireless Service”) is offered via TSTT’s wireless broadband network.
2. A terminal device may be incorporated into the Wireless Service. Only terminal devices provided by TSTT may be utilized with
the Blink Broadband Wireless Service.
3. The Wireless Service shall not be used in connection with server devices or host computer applications, other systems that drive continuous heavy traffic or data sessions or as a substitute for ADSL, private lines or dedicated data connections.
4. TSTT reserves the right to limit throughput or amount of data transferred, deny or terminate service, without notice to anyone TSTT believes is using the Wireless Service in any manner prohibited herein or whose usage adversely impacts TSTT’s network or service levels. Anyone using the service in excess of the Fair Usage Limits stated in the Fair Usage Policy mentioned in 6.8 above is presumed to be using the service in a manner prohibited.
5. You are not guaranteed service availability in all areas. Actual speeds with respect to the Wireless Service will depend on several factors including customer location, computer performance and configuration, network or Internet congestion, Web sites accessed. Speed of service. Uninterrupted and/or error free service is not guaranteed.
6. A fee shall be charged for any usage above the amount agreed in your plan.
Schedule 2
TSTT’S BLINK ENTERTAINMENT TELEVISION SERVICE TERMS AND CONDITIONS
(i) TSTT’s Television Service will be provided to the Customer who has been supplied with a unique means of identification comprising a service number, a Set -top Box device including in some cases a Digital Video Recorder (“DVR”) or a Personal Video Recorder (“PVR”) device and other Peripheral devices (“Equipment”).
(ii) TSTT will provide, under the present terms and conditions:
(a) A Standard service otherwise referred to as the basic package to all of its
Customers; and
(b) Optional services or premium packages to the
customers that subscribe to such packages.
(iii) TSTT’s basic package and premium packages will comprise the channels as per the channel grid information provided at the time of installation. TSTT reserves the right however to change due to technical, market or other considerations its programming content and packages at any time with or without prior notice to Customer.
(iv) You must subscribe to the basic package in order to receive additional services such as premium movie or other services or sports subscriptions. All programming selections shall have their own rates which rates are included on the applicable application form.
(v) If you are an individual this service is intended and provided for private communal household viewing only and for your non-commercial personal viewing, use, and enjoyment in a private residential dwelling/office unit. You agree that the service will not be viewed in areas open to the public or in commercial establishments, and that admission will not be charged for listening to or viewing the service. Your service may not be copied, transmitted, reproduced, published, broadcast, rewritten or redistributed. If you are an business entity the services are intended to be available for viewing by yourself, your patrons, staff and other persons visiting your premises, you may not however charge these or any person for viewing of the services.
(vi) For TSTT’s Television service, non-recurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, Video on Demand (VOD) and Pay Per View (PPV). As long as payments are current, you will have a limit (up to a maximum of TT$300 for VOD and PPV inclusive, not including VAT) per bill cycle on such one-time orders billed to your account. This limit will vary based on creditworthiness or for other reasons. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
(vii) Equipment for TSTT’s Television service includes one (1) Set Top Box, you may request additional Set Top Boxes up to a maximum amount that will be determined by your bandwidth. Additional rental fees may apply for additional Set Top Boxes.
(viii) You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. You agree that you will use the Equipment only for its intended use, and not for any other purpose (such as on another network other than TSTT’s Network, or on another provider's (non-TSTT) network).
(ix) You shall not attach/connect any unauthorised device to the Equipment or to TSTT’s Network .All connections to and from the Network to the your premises must be made by and/or with the prior written consent of TSTT or its duly authorised agents. Customer shall not authorise, agree to and/or permit any unauthorised connection being made from the Premises and the Equipment or transmit and/or distribute the Service/Services or any signals or benefits there from via any unauthorised device or unauthorised connection to any location whether on or off the premises.
(x) You shall not relocate the Equipment to any location other than the premises without first obtaining the prior written approval of TSTT.
(xi) You hereby authorise TSTT and its duly authorised agents, servants and workmen at all reasonable times upon due notice being given to enter the Premises and install, maintain, inspect, repair or remove all or any Equipment and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes.
(xii) In the event this Agreement or the Service is terminated for whatever reason, Customer shall return all the Equipment to TSTT in good condition (fair wear and tear excepted), within twenty-one (21) working days from the date of such disconnection, failing which, TSTT shall deem the Equipment to be lost, damaged beyond repair and/or destroyed and You shall be liable to TSTT for all costs incurred by TSTT in the replacement thereof and TSTT will add the value of the said Equipment to your account. If the Equipment is returned within three (3) months of termination, any fees charged for the Equipment will be refunded (other than fees for damages). No refunds will be made for any Equipment returned more than three (3) months after termination. TSTT shall however be solely responsible for the removal of any Equipment that is attached via screws or other means to the walls or doors or windows or flooring or other part of the Premises.
(xiii) You will be responsible for payment of service charges for visits by TSTT or its subcontractors to your premises when a service request results from causes not attributable to TSTT or its subcontractors. You understand and agree that TSTT may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces). If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations that TSTT deems appropriate for the work to be performed.
(xiv) The Equipment and the service is provided by TSTT "as is", without warranty of any kind. TSTT does not warrant either that the service will be provisioned to your location or that provisioning will occur according to a specified schedule even though TSTT has accepted your application for service. TSTT does not warrant that the service will be provided error-free or uninterrupted use or operation of the Equipment.
(xv) All portions of the service and Equipment and any firmware or software used to provide the service or provided to you in conjunction with providing the service, or embedded in the Equipment, and all information, documents, and materials on related web site(s) are the property of TSTT or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of TSTT or third-party providers are and shall remain the exclusive property of TSTT or third-party providers, and nothing in this Agreement shall grant you the right to or a license to use such Marks.
(xvi) TSTT shall not be liable for any disruption or break in the transmission of the service or breakdown or failure of the Network. TSTT assumes no responsibility for disruptions in the Service/Services due to the following:
(xvii) Disruption or break in the transmission of the service or breakdown or failure of the Network; Power failures, black out failures or signal failures; cessation of transmission by radio or television broadcasting stations or television satellite; statutory regulations which may restrict, alter or otherwise eliminate certain elements of service; the failure or cessation, in whole or part, of signal delivery systems and/or other services provided by common carriers or utilities to TST; battery replacement in the Equipment; sabotage, theft or intentional or malicious damage TSTT’s Network or equipment; negligent acts of the Customer or anyone authorized thereby to use the service or any third party; any other interruption in the service not caused by an intentional or negligent act of TSTT or which is beyond the control of TSTT.
(xviii) You acknowledge that TSTT may use existing wiring, including altering the wiring and removing accessories, located within your premises ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give TSTT permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this Agreement, you agree to indemnify TSTT from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the service.
(xix) Should you decide to remove the service within 15 days of initial installation, you will only be required to
pay the applicable installation fee. Should you change premises while under your initial agreed contract, you will only be required to pay the specified installation fee, which shall act as a relocation fee.
(xx) Any changes to your service plan will be effective immediately and may result in a higher or lower monthly fee which will apply to your new service arrangement.
(xxi) EXCEPT AS EXPRESSLY PROVIDED HEREIN, TSTT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR EQUIPMENT OR DEVICE. ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. TSTT MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM TSTT OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TSTT OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
(xxii) TSTT IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO DEVICES OR EQUIPMENT OR ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. REGARDLESS OF THE CAUSE, TSTT’S TOTAL LIABILITY FOR DAMAGES OR LOSSES OF ANY KIND TO YOU OR THIRD PARTIES WILL IN NO EVENT EXCEED THE AMOUNT THAT CUSTOMER HAS PAID TO TSTT FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS.
(xxiii) You agree to indemnify and hold TSTT and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for libel or slander or infringement of copyright arising from the material transmitted or received via the service or for reasonable attorneys' fees, made by any party against TSTT, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this Agreement, or your violation of any rights of another.
(xxiv) TSTT may use and disclose any personal information you give us for the purposes of managing your account and providing the Service. We may also disclose this information to our contractors and agents in connection with these purposes. As part of our sales and marketing activities we and our associated companies may write to you or send you messages (inclusive of e-mails or text messages) to give you details of our other products or services available. We may also disclose your personal information to research organisations for the purpose of surveying our customers’ opinions about our Service. If you do not wish us to use your data for these purposes you must notify us in writing. Should you use the Service to access data, content or Internet Services, your telephone number and other subscriber identification may be transmitted, and you may provide personal information, to third parties. The way third parties handle and use your information is governed by their policies, and we have no responsibility for their policies or for their compliance with them.
Saleof TSTT Equipment
1.1 All risks in the Equipment shall pass to you upon delivery. Unless otherwise specified delivery shall be deemed to take place when the Equipment has been delivered to you or to the location specified by you.
1.2 All dates and times specified to you for delivery of the Equipment are best estimates only. We shall have no liability for any losses or other expenses sustained or incurred by you as a result of delay. You shall not be entitled to refuse acceptance of the Equipment as a consequence of such delay.
2.1 Until we have been paid in full for the Equipment supplied to you, you shall hold the same in a fiduciary capacity as bailee for us, and legal and beneficial title to the Equipment shall remain with us and you shall store it in such a way that it is clearly our property;
3.1 We shall use all commercially reasonable endeavours to supply the Equipment in accordance with the specification therefore.
3.2 We shall use our reasonable endeavours to ensure that all technical information, particulars of Equipment and performance specifications and performance descriptions submitted by us are as accurate as possible, but are not to be treated as binding or as forming part of this Agreement or part of any contract between us. We shall provide you with any user manual for the Equipment as supplied by the manufacturer.
4.1 We will grant to you a warranty consistent with the manufacturer’s warranty. Any Equipment which is found to our satisfaction to be defective at the time of delivery to you or within seven (7) days thereof as a result of faulty design, manufacture or workmanship will be replaced by us during that period at no cost. Thereafter we agree to repair free of charge defective TSTT Equipment for up to a period of twelve (12) months from the service start date provided that in either case:
a) the Equipment has not been misused mishandled, overloaded, amended, modified or repaired in any way by you, your servants or agents, or any other person not authorised by us for the purposes thereof or used for any purpose other than that for which it was designed;
(b) you provide us with proof of purchase of the Equipment from us; and
(c) the manufacturer of such Equipment has provided us with a warranty of at least twelve (12) months. Should the manufacturer’s warranty be shorter, and you comply with 4.1 (a) and 4.1 (b), we shall provide a warranty equal in duration to that provided to us by the manufacturer.
4.2 Our obligations under clause 4.1 above shall apply during our normal working hours.
4.3 Any Equipment or component parts of the Equipment replaced by us pursuant to clause 4.1 shall upon replacement become the property of TSTT unless and until title has passed to you in accordance with clause 2.1.
4.4 Save as expressly set out in this Agreement all conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the Equipment are expressly excluded from this Agreement.
5.1 The express warranty and undertaking given above is the only warranty given by us and shall be our entire liability including liability for negligence in respect of the sale of Equipment to you.
Rental Of TSTT Equipment
1.1 All risks in the Equipment shall pass to you upon delivery. Unless otherwise specified delivery shall be deemed to take place when the Equipment has been delivered to you or to the location specified by you.
1.2 All dates and times specified to you for delivery of Equipment are best estimates only. We shall have no liability for any losses or other expenses sustained or incurred by you as a result of delay. You shall not be entitled to refuse acceptance of the Equipment as a consequence of such delay.
1.3 You are responsible for ensuring that after delivery of Equipment, it is not damaged, interfered with, modified, adapted or mistreated by you or by any third party and that it is not repaired by any person other than us.
1.4 You are responsible for the proper use of the Equipment and if the Equipment is damaged, lost or stolen following delivery you must pay our charges for repairing or replacing such Equipment, except that you shall not be liable to pay any sums in respect of repair or replacement as a result of wear and tear of Equipment. You shall notify us immediately of any such damage, loss or theft.
1.5 We may request a deposit from you to meet your obligations under clause 1.4
2.1 Title to the Equipment shall be retained by us at all times and you may not remove, tamper with or obliterate any identification mark attached to the Equipment showing that it is our property. On all occasions when the ownership of the Equipment is relevant, you shall make clear to third parties that the same is our property.
2.2 You may not assign or otherwise transfer any Equipment, either temporarily or permanently, to a third party without our prior consent in writing.
3.1 We shall use all commercially reasonable endeavours to supply the Equipment in accordance with the specification therefore.
3.2 We shall use our reasonable endeavours to ensure that all technical information, particulars of Equipment and performance specifications and performance descriptions submitted by us are as accurate as possible, but are not to be treated as binding or as forming part of this Agreement or part of any contract between us.
4.1 The express warranty and undertaking given above is the only warranty given by us and shall be our entire liability including liability for negligence in respect of the rental of Equipment to you.
5.1 On termination of the Agreement for whatever reason, you will return or make available for collection by us, TSTT Equipment rented from us. If you do not return such TSTT Equipment we will add the value of such TSTT Equipment to your account, which will be forwarded, to our debt collector for collection. For the purposes of this section “our offices” means our registered office, business offices or those locations from time to time where we sell or rent equipment.
5.2 If you terminate this Agreement prior to the expiration of the relevant term or otherwise than in accordance with this Agreement you will pay us a cancellation charge in the amount calculated at the time of termination, which will be based on any subsidy provided by us to you whether on TSTT Equipment or Service.
