Terms and Conditions
1. INTRODUCTION
1.1. These general terms, any applicable special terms set out below or separately agreed with you, your Order Form, applicable CWS tariff, service plan and policies referred to in the terms (together, the "Terms") set out the legal relationship between you and Cable & Wireless (Seychelles) Limited ("CWS"). Together, they govern all the services provided by CWS ("Services") and your use of the CWS website. CWS is a company registered in the Seychelles . With its registered address at Francis Rachel Street, P.O. Box 4, Victoria, Mahe, Seychelles, and is part of the Cable & Wireless group of companies.
1.2. CWS is regulated by the Seychelles Department of Information Communications Technology or its successor and the Seychelles Licensing Authority.
1.3. CWS’ principal place of business is care of Cable & Wireless (Seychelles) Limited, Francis Rachel Street, P.O. Box 4, Victoria, Mahe, Seychelles.
1.4. All Cable & Wireless Customer Services Centres on Mahe, Praslin and La Digue can be used for making enquiries, paying your CWS bill and applying for services. You may contact CWS by e-mail at cableandwireless@seychelles.net If possible, you should use e-mail as your primary means of communication with CWS and we may ask you to follow-up any telephone or written contact by e-mail. CWS’ website is www.cwseychelles.com You may contact CWS by telephoning 284000(sales) or 121 (faults) or by faxing 322777. You must provide a valid e-mail address when placing an order and maintain this address, or provide CWS with an alternative postal address. CWS may use this e-mail address to contact you for all purposes under these Terms. CWS may alternatively contact you by post (including but not limited to your bill/invoice), fax or telephone.
1.5. You may print these Terms at www.cwseychelles.com.
1.6. You agree, by signing an Order Form or by agreeing in writing or orally with an CWS representative to receive Service, to be bound by these Terms.
1.7. If you currently subscribe to CWS internet services, you will be bound by these Terms if you continue to use the CWS services after notification by CWS of these Terms.
2. ORDER AND INSTALLATION
2.1. On the date you place an order you offer to purchase the relevant Service from CWS under these Terms. By placing an order you agree that CWS, or third parties on CWS’ behalf, may carry out credit checks on you. Your order can be accepted or rejected by CWS at its discretion. There may be a waiting list for Services and CWS will give you an estimated installation date which is subject to change.
2.2. CWS (or other companies or organisations on CWS’ behalf) will need to visit your premises to carry out tests, provisioning or activation and you agree to co-operate and assist. CWS cannot guarantee exact times of visits and is not liable for the consequences of delay. As a service provider CWS only delivers its services to the existing Cable & Wireless telephone socket at your home or business or to the internal access point installed by CWS. Unless agreed with you, or unless it is part of the Service, we are not responsible for the installation of a Cable & Wireless line, any internal wiring, additional phone sockets or extension cables. During activation of your order you may temporarily lose the use of your other telecommunications services.
2.3. You agree, at your own expense, to be responsible for all customer site preparation activities necessary for installation of the Service. You are responsible for ensuring that your equipment meets the minimum system requirements associated with the Service. You are responsible for safeguarding your system from theft, unauthorized use and system corruption. You are responsible for providing a necessary electricity supply for all Equipment. You agree that you will pay for applicable installation and Equipment charges prior to commencement of the Services.
2.4. If any property will be affected by the installation of Equipment, you agree to provide CWS with written permission from the property owner in advance of installation. This is particularly important when Equipment will be installed inside or outside a rented property or block of flats/apartments.
2.5. CWS is not responsible for the installation, maintenance, compatibility or performance of any third party equipment or software not provided by CWS, and if such third party equipment or software impairs the Service, (i) you remain liable for payment of all Service Charges, and (ii) if it is likely to cause hazard or service obstruction, you will eliminate such likelihood at CWS’ request.
2.6. CWS’ Service includes the configuration and set up of the installed Equipment and connection to the CWS Service in accordance with our published or agreed specification only. It does not include any element of audit, design or interconnection of your equipment and CWS makes no representation or warranty about the interworking, interoperability or compatibility of the installed Equipment with your equipment or end to end system functionality. You accept responsibility for your own equipment, connection to any CWS installed Equipment and system functionality.
2.7. CWS may refuse to provide the Services and/or end the contract with you immediately and recover all Equipment if you fail a credit check, incorrect payment details have been provided to CWS, you are not within a geographic area covered by CWS or technical issues prevent, delay or degrade the activation or provision of Service.
2.8. You may cancel your contract with CWS prior to installation by sending CWS a letter, fax or e-mail. CWS will refund any money paid by you but reserves the right to charge a reasonable administrative fee if set-up work (such as site survey, account set-up etc.) has already been carried out.
2.9. If you wish to change locations (e.g. you move house/offices), you must arrange with CWS 15 working days prior to the change for a site survey and new installation to be carried out. There will be a charge for this service. Please note that Services may not be available in the new location. You will remain bound by the Minimum Term if you have agreed to a Service with a Minimum Term. Please consider this when choosing which Service to subscribe to.
3. EQUIPMENT
3.1. CWS provides different equipment ("Equipment") under different terms depending on the Services you order. Some Equipment may be provided by CWS as part of your Service; other Equipment will be purchased by you and remains your responsibility (not CWS’ responsibility). Different warranty terms will apply depending on the circumstances. We have set out the relevant terms in the Equipment Policy, which forms part of these Terms, and can be found at the following link: www.cwseychelles.com.
4. SERVICE
4.1 CWS shall use reasonable endeavours to ensure that any Service provided to you by CWS ("Service") shall be provided in accordance with CWS’ description from time to time of such Service and using the reasonable skill and care of a competent Seychelles provider of similar services.
4.2 INTERNET SERVICES
4.2.1 CWS may from time to time make changes to its network or the technical specification of a Service. If these changes will materially affect the Service, CWS will contact you.
4.2.2 It is technically impracticable for CWS to provide a fault-free Service due to factors including (amongst other things) adverse weather and electromagnetic conditions, adverse local conditions impacting wireless performance (e.g. interference, vegetation, building construction), telephone line age/quality, satellite provider performance, international internet congestion, name server issues, performance of other internet service and network providers, file download size, Seychelles Internet congestion, your computer settings and optimization (including whether your equipment is free of viruses or other drains on system resources), browser performance, the performance of networks/servers to which you connect, and appropriate prioritization of internet traffic.
4.2.3 Published speeds of service are maximum speeds only. The speed you experience when using the Services may be affected by factors including (amongst other things) your distance from local and national telephone exchanges, telephone line age/quality, satellite provider performance, international internet congestion, name server issues, performance of other internet service and network providers, file download size, Seychelles internet congestion, any published contention ratios applicable to the Services, your computer settings and optimization (including whether your equipment is free of viruses or other drains on system resources), browser performance, bandwidth requirements of your computer applications, the performance of networks/servers to which you connect, and appropriate prioritization of internet traffic.
4.2.4 CWS is not responsible for the performance of networks with which CWS may from time to time connect, including but not limited to the networks of other internet service providers.
4.2.5 CWS may suspend or terminate Services: for operational or technical reasons; if CWS has reasonable grounds to believe that the Services are being used in breach of these Terms including but not limited to breach of the Acceptable Use Policy available at ww.cwseychelles.com; if your use of the Service may damage or disrupt the proper functioning of CWS’ or other networks or impact other customers; or for other exceptional reasons.
4.2.6 Unless otherwise specified by CWS, all Home Services include the assignment of an IP address dynamically and all CWS Business Services include the assignment of a static IP address. In the event of changes to your Service, we may need to allocate a new static IP address to you. In the event that CWS assigns you a static IP address: the IP address will be re-assigned to CWS or to another CWS customer if your Service is disconnected or terminated for any reason; and you consent to CWS’ inclusion of your name, company name, postal address, e-mail address, IP address, and telephone number in such server and/or directory as CWS is required under national or international internet management obligations from time to time.
4.2.7 Dial-up shall be limited to dial-up from one specific telephone number unless agreed otherwise by CWS.
4.2.8. Any e-mail addresses and limited personal web space offered as part of your Services shall be subject to the Acceptable Use Policy. Domain names and hosting packages may be available at extra cost.
4.2.9 CWS provides you with a password to access the Service. You must keep the password and all other security information confidential and you will be responsible for all activities and related costs that take place in conjunction with the use of your password or security information. You must inform CWS and change your password in the event that you become aware of any insecurity, any unauthorised use of your account or any other breach of security.
4.2.10 Security, appropriate use of the internet, regulating access to minors/others, virus protection, spam management, spyware identification, general system healthcare and all other issues relating to your use of the internet and its consequences are solely your responsibility. CWS cannot and will not be responsible or liable. Any software or other services provided to you by CWS which attempt to help with the above issues are provided "as is" with no guarantee whatsoever as to their effectiveness.
4.2.11 You should always back up your data regularly. CWS is not responsible for your data loss or any consequences.
5. LENGTH AND TERMINATION
5.1. If you have subscribed to Services which require a minimum term ("Minimum Term"), you agree to pay the Service Charges for the whole of the Minimum Term starting on the date on which the Service is activated. You cannot cancel the Services unless you pay the balance of unpaid Service Charges for the remainder of the Minimum Term. After the Minimum Term, you can cancel the Services upon 30 days’ notice in writing and you will be billed up until the end of the 30 days. If your order comprises multiple lines with different activation dates, then each line shall be the subject of a separate Minimum Term from the relevant date of activation. Any Equipment provided by CWS as part of a Service must be returned on or before the date that the Service ends.
5.2 If you have subscribed to Services which do not require a Minimum Term, you may cancel the Services: (i) for dial-up services, upon 30 days’ notice in writing; or (ii) for other Services, upon 60 days’ notice in writing. If you are changing to a different CWS service, CWS may agree to waive the cancellation period at its discretion.
5.3 You agree that CWS may demand, and you shall pay within 10 working days of such demand, a reasonable security deposit relating to Equipment and Services.
5.4 Either you or CWS may end a Service or the contract:
5.4.1 by thirty (30) days’ prior notice (written or oral) to the other party if the other party has materially breached these Terms and has not corrected such breach within thirty (30) days of a written notice requiring correction; or
5.4.2 immediately if the other is, or is deemed to be, insolvent, bankrupt or unable to pay its debts, makes or proposes an arrangement or composition with its creditors generally, enters into liquidation whether compulsorily or voluntarily or makes an application to a court of competent jurisdiction for protection from its creditors generally or a petition is presented or a resolution is passed by it for its winding up, a court of competent jurisdiction makes an order for its winding-up or dissolution, an administration order is made in relation to it or a receiver or administrative receiver is appointed over or a person legally appointed to do so takes possession of or sells any of its assets or notice of a meeting to carry out any of the foregoing is duly served; or
5.4.3 immediately if an event, outside CWS’ reasonable control, prevents continued provision of Service for more than thirty (30) days.
5.5 You may end a Service or the contract if CWS notifies you of a materially detrimental change to a Service or these Terms. In this case you may only terminate within thirty (30) days following such notification.
5.6 CWS may immediately end, or suspend, providing a Service to you if: you fail to pay any amounts properly due; in case incorrect payment or address details have been provided to CWS; or at any time there are incurred unpaid Service Charges owed to CWS (whether due or not) in excess of your deposit (if any).
6. YOUR OBLIGATIONS
6.1 You agree that you will: not use, nor allow others to use, the Services in any way which breaches the Acceptable Use Policy; not resell the Services to any third party except where expressly agreed in writing by CWS; safeguard security information (including your password); notify CWS of any changes or inaccuracies to the registration data about yourself specified in the order; only use and connect equipment and/or networks to the CWS network that are approved and comply with all relevant legislation, standards and licence requirements; allow CWS and its representatives access to your premises at reasonable times to carry out necessary actions in relation to these Terms; comply with these Terms and any reasonable instructions CWS gives you from time to time; and indemnify CWS against all losses, liabilities, costs (including legal costs) and expenses which CWS may incur as a result of any third party claims against CWS arising from, or in connection with your use or misuse of the Services or breach of these Terms.
6.2 CWS may suspend your Service or block certain activities if it believes in its sole reasonable discretion that any provision of these Terms has been or is likely to be breached by your actions or inactions.
7. SERVICE CHARGES, PAYMENT TERMS ETC
7.1 The charges applicable to CWS’ processing of any order and the provision of any Service or supply of Equipment ("Service Charges") shall be the Service Charges set out in CWS’ tariff as agreed with you at the time of order or as communicated to you by e-mail or in writing. Service Charges may include any or all of the charges set out in this clause 7.
7.2 Charges may be made for the provisioning, installation, connection and activation of a Service and, if required, the supply of Equipment ("Activation Charges"). The Activation Charges which apply to your order are the Activation Charges in force on the date of order are not subject to change for such order. Activation Charges are due on acknowledgment of your order for such Service and Equipment by CWS.
7.3 Charges may be made for the rental of rented Equipment ("Rental Charges"). Rental Charges are due monthly in advance.
7.4 Charges will be made for your use of a Service or a feature of a Service ("Usage Charges"), including any charges in connection with dial-up, rogue diallers and system misconfiguration. The applicable Usage Charges are calculated in accordance with your usage or Service plan at the applicable rates communicated to you or as are in force from time to time. Usage Charges are due monthly in arrears or more frequently if you receive notice from CWS.
7.5 Other Charges may be made in relation to the relevant Service which do not fall into the above categories ("Other Charges"). The Other Charges may relate, without limitation, to such matters as Service upgrades or migration, feature activation, engineer site visit, change of address or early termination. Other Charges will be communicated to you.
7.6 All services are subject to Goods and Services Tax ("GST"). By taking up service with CWS, you agree to pay to CWS GST at the applicable rate in accordance with the law.
7.7 You agree to pay all invoiced Service Charges by the payment due date specified on the invoice. CWS may charge interest on any overdue amounts payable from the due date until payment of all sums owing including interest (whether before or after judgment) at the rate of 2 percent per annum above the base lending rate of the Central Bank of the Seychelles from time to time. You will be invoiced monthly following activation of your Services. All amounts due to CWS shall be paid in full without deduction, set-off or withholding except as permitted by law. You agree to be liable to CWS for any and all costs and/or expenses incurred directly or indirectly, including reasonable attorney's fees and expenses, in the collection or attempted collection of any amounts due.
7.8 If you purchase Equipment from a third party recommended by CWS, you agree to comply with the payment terms of the third party supplier and to pay all applicable taxes, duties, impost, levies or other government charges.
7.9 If you request an engineer to visit your premises and the fault is found by the engineer to be caused by your equipment or network you will be liable to pay a site visit charge.
8. DATA PROTECTION
8.1 In processing, provisioning and activating your order, providing Service, billing you and otherwise interacting with you as a customer, CWS and Cable & Wireless will collect, store, process and/or transfer data relating to you. You agree that CWS shall be entitled to collect, store, process and/or transfer data about you in accordance with the laws applicable in the Seychelles from time to time and any Cable & Wireless Group or local privacy policy which is stated to be applicable to the Seychelles.
8.2 From time to time CWS and carefully selected companies may contact you about other CWS or other products and services that we think may be of interest to you. If you do not wish us to contact you, please inform us at the time of order or, in writing, at any time afterwards. Please also let us know when your contact details change.
9. LIMITATIONS AND EXCLUSIONS OF LIABILITY
9.1 Nothing in these Terms shall restrict or exclude either party’s liability for death or personal injury arising from breach of duty or negligence and nothing in these Terms shall restrict or exclude either party’s liability for fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, neither CWS nor you will be liable to the other for any Unforeseen Losses whether in contract, delict or otherwise. "Unforeseen Losses" shall mean any economic loss arising in the course of commercial or residential activities (whether direct or indirect) including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time, goodwill or loss or harm of data always provided that this shall not include: Service Charges payable; and the repair (or if repair is not practicable, replacement) of any of your tangible physical property intentionally or negligently damaged by us or our employees or agents while on your premises.
9.3. Subject to clauses 6, 9 and the obligation to pay Service Charges due under these Terms, CWS’ liability to you, and your liability to CWS, in respect of all causes of action arising in each calendar year in contract, delict or otherwise (including liability for breach of statutory duty) under, in connection with or arising out of the supply or non-supply of Services and/or Equipment:
9.3.1 in respect of each and every Service shall be limited to damages equal to SR 2,500 in such calendar year; and
9.3.2. in aggregate shall be limited to damages equal to SR 7,500 in such calendar year.
9.4 Your sole and exclusive remedy in respect of any failure to meet any Service levels (if applicable) set out in any Service level agreement (if applicable) is the rebate set out in such Service level agreement.
9.5 Whilst every care will be taken by CWS to provide the Services, CWS shall not be liable for any loss of data howsoever caused including, without limitation, deletions, corruptions, non-deliveries and misuses, whether as a result of interruption, suspension, or termination of Service, or for the contents, accuracy or quality of information or resources available, received or transmitted, through the Service. It is your responsibility to back up data and, within the terms of applicable licences and legislation, all software.
9.6. You shall at all times be under a duty to mitigate any losses suffered by you.
9.7 Each provision of this clause 9 is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause 9 is held inapplicable or unreasonable.
9.8. Except as expressly set out in these Terms, all other representations, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of these Terms and each Service contract are expressly excluded to the extent permitted by the laws of the Seychelles.
10. MISCELLANEOUS
10.1. Neither party may use the other’s name, trade mark, trade name or any other proprietary identifying symbol without the prior written approval of the other party.
10.2. If CWS provides any software (and any related documentation) under these Terms which is embedded in hardware as firmware and which is not accompanied by a licence agreement (collectively "Service Agreement Software"), you agree to use the Service Agreement Software only with the Equipment, if any, and the Services. You agree not to (i) reproduce, reverse engineer, disassemble, decompile, modify, adapt, translate, create derivative works from, or transfer or transmit the Service Agreement Software in any form or by any means, or (ii) use the Service Agreement Software for any purpose other than as set forth in this paragraph. You shall not have any ownership rights in, or obtain rights to, the Service Agreement Software. If a licence agreement ("Software Licence") accompanies the CWS-provided software, whether such software is owned by CWS ("CWS Licence Agreement Software") or its third-party supplier(s) ("Third-Party Licence Agreement Software"), you agree to abide by the terms of the Software Licence. CWS shall have no obligations or liabilities whatsoever in connection with any Third-Party Licence Agreement Software, whether such Third Party Licence Agreement Software is used in connection with the CWS-provided Service or is used independent of the CWS-provided Service. The Customer agrees to look exclusively to the Third-Party Licence Agreement Software supplier(s) with respect to all matters relating to its software.
10.3. When communicating with our Customer Service staff, or any other CWS representatives, you agree that you will not use abusive or offensive language or make threats to such CWS representatives.
10.4 CWS shall not be liable for, and is excused from, any failure or delay in performance that is due to acts of God, acts (or failure to act) of government, civil or military authority, acts of the public enemy, war or threats of war, accidents, fires, explosions, earthquakes, landslides, floods, tsunami, hurricanes, unusually severe weather, epidemics, electromagnetic interference, breakdown in international communications, civil insurrection or due to any other cause beyond its reasonable control.
10.5 CWS may assign or novate the benefit or burden of these Terms or any Service upon notice to you. You may not assign the benefit or burden of these Terms or any Service.
10.6. CWS’ failure to exercise or enforce, or any delay in exercising or enforcing any right or benefit conferred by, these Terms shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
10.7 Subject to clause 5.5, CWS may change these Terms from time to time by notifying you of the revised Terms. You may not amend these Terms without the written, specific agreement of CWS.
10.8. These Terms do not create any rights for and are not enforceable by any third party.
10.9. These Terms are the exclusive statement of the agreement between you and CWS related to the subject matter of these Terms. They supersede all understandings and prior agreements, whether oral or written, between the parties.
10.10 These Terms shall be governed and construed in accordance with Seychelles law and the Parties irrevocably agree to the exclusive jurisdiction of the Seychelles courts, always provided that CWS may commence proceedings against you in any jurisdiction in which you are incorporated, resident or hold assets.
10.11. If any provision of these Terms is held by a court, arbitrator or any legally empowered governmental agency or authority to be invalid, void, or unenforceable, the remainder of these Terms shall nevertheless remain legal, valid, and enforceable.