BTC GENERAL TERMS AND CONDITIONS

BTC agrees to provide to the Customer the service(s) as will be specified in the Application Form hereinafter, the “Order Form” available at Residential Sign up Form . The Customer understands and expressly consents that the Services subscribed to are governed by these Terms and Conditions and the Order Form, which constitute the agreement between the Parties. BTC will issue the Customer thirty (30) days’ notice in the event the BTC, in its sole discretion, decides to change these Terms. The Customer’s continued use of the Services after the notice period will be deemed acceptance to amended or updated Terms. Notice will be communicated to the Customer by sending such notice to the Customer’s address as provided in the Order Form or through publication on BTC’s website and as such, the Customer is advised to frequently check the addresses provided in the Order Form and BTC’s website. If the Customer does not agree to any of these Terms, the Customer must cease using the Services.

1. RESPONSIBILITY FOR TELEPHONE EQUIPMENT AND WIRING

(a)	BTC's Equipment
	Telephone and ancillary equipment rented by BTC to Customers remains the property of BTC. Customers are responsible for damage to, or the loss of, equipment rented by them, irrespective of how this damage or loss may occur (fair wear and tear excepted), and they will be charged accordingly in the event of such damage or loss..
(b)	BTC’s Responsibility for Exterior Wiring
	BTC shall only be responsible for faults on exterior wiring up to and including the demarcation point. The “demarcation point” means the point located at the Customer’s premises where BTC’s exterior wiring terminates (i.e., in BTC’s line protection equipment) and where the Customer’s interior wiring begins.
(c)	Customer’s Responsibility for Equipment
	Equipment and accessories owned by the Customer may be used with BTC’s facilities under the following conditions:
	(i)	Customers are responsible for interior wiring which leaves the demarcation point and enters the Customer’s residence or business premises, and Customers must pay any costs incurred to repair or replace interior wiring or modular jacks.
	(ii)	When a Customer elects to provide the Customer’s own communications system, the Customer must provide all its own communications system equipment and associated wiring which are part of the communications system and which are located on the same premises as the communications system.
	(iii)	The signal from Customer-owned terminal equipment must meet the minimum network protection criteria laid down by BTC.
	(iv)	Customer-owned equipment connected to BTC’s access lines must not interfere with any BTC service. It must not endanger the safety of BTC’s employees or the public and must not change, damage, destroy or interfere with the operation of BTC’s equipment. The Customer must pay any costs incurred by BTC to remove any hazard or interference caused by the Customer’s equipment or to restore or replace any BTC facilities or equipment damaged or destroyed by the Customer’s equipment.
	(v)	Unless agreed to in writing between the Customer and BTC, BTC has no responsibility for installing, operating or maintaining any Customer-owned equipment for the through transmission of signals or for the quality of, or defects in, signals sent or received by that equipment.
	(vi)	BTC does not test, certify or inspect Customer-owned equipment except as needed for its own purposes, and BTC accepts no liability for personal injury or death or for property damage alleged to have resulted from BTC’s failure to certify or inspect Customer-owned equipment.
	(vii)	BTC is not responsible to the Customer if the Customer’s equipment becomes obsolete or requires modification due to changes in BTC’s facilities, operations, procedures or Charges.
	(viii)	BTC is not responsible for any damages caused by, or not prevented by, Customer-owned equipment. This includes property damage or personal injury from voltages or currents transmitted over BTC’s facilities which are either caused by, or not prevented by, Customer-owned equipment.
	(ix)	BTC will not give credit to Customers in relation to interrupted service that is the result of the failure of Customer-owned equipment.
	(x)	Notwithstanding anything contained in the preceding paragraphs, BTC expressly reserves the right to refuse to permit the Customer to connect Customer-owned equipment to BTC’s equipment if, in the opinion of BTC, any such connection could prove detrimental to any service provided by BTC.

2. ATTACHMENTS OR ALTERATIONS TO TELEPHONE EQUIPMENT OR LINES

(a)	No alterations may be made to wiring or any other equipment provided by BTC except by BTC’s employees as authorized.
(b)	Customers may connect their own equipment/devices to BTC’s equipment at their own risk and subject to these General Conditions of Service. Customer-owned equipment must meet established equipment standards as set out by the U.S. Federal Communications Commission, the Canadian Standards Association International or the International Telecommunications Union.
(c)	Customers are advised that there are technical limits (imposed by devices) to the total number of devices which may be connected to, and work satisfactorily over, a single telephone access line. Exceeding this limit may result in degradation of the quality of service. BTC will levy a Charge for work performed by BTC to correct a problem caused by Customer-owned equipment or interior wiring at the premises
(d)	Where the access lines rented by a Customer become overloaded, BTC may, in its sole discretion, require that the Customer rent additional access lines.
(e)	Customers are advised that there are technical limits (imposed by devices and BTC network conditions) that affect broadband DSL services provided by BTC. Additional information on BTC broadband DSL services is available on BTC’s website at www.btc.bm.

3. RESPONSIBILITY FOR PAYMENT OF BILLS

(a)	Service is supplied at business rates where it is of a business, professional, institutional or occupational nature. Service is supplied at residential rates where it is for social or domestic purposes. The advertising of residence class telephone numbers for business purposes is not permitted.
(b)	Payment shall be due from the Customer within 30 days of the invoice date. BTC may, at its discretion allow the Customer to make payment at a later date as will be specified on the Customer’s bill. Failure to receive a telephone bill does not constitute a valid reason for non-payment of accounts. .
(c)	A Customer will receive his or her monthly bill online. Customers are required to give 30 days advance notice in writing of any change in their email or mailing addresses. Customer who request and receive a physical paper bill shall be charged such cost as BTC will determine for each paper bill.
(d)	All calls are billed upon being answered. An answered call exists when a connection is made between the Customer’s telephone and some other device through BTC’s network. Answered calls include, but are not limited to, calls connected to a wrong number, an answering machine, a computer, a voice mailbox, a fax machine, a pager or other tone devices. Calls include calls to any 900 number..
(e)	Charges for which the Customer shall also be responsible include, but are not limited to, the following:
	(i)	Local calls, which are billed in accordance with the readings recorded by BTC, less the relevant monthly allowance, if any;
	(ii)	Overseas calls, which are billed as being made from the Customer’s telephone number using a long distance carrier for which BTC provides a billing service. Overseas calls also include collect calls or third party calls from elsewhere;
	(iii)	Charges incurred to investigate overseas or local telephone calls, to provide audits of Customer’s bills or to provide copies of telephone bills;
	(iv)	Charges resulting from customer site visits to detect or correct problems with Customer-owned equipment, interior wiring or jacks; and
	(v)	Charges resulting from fraudulent or otherwise unauthorized use of service.
(f)	Payments made to BTC by a debit or credit bank card (“Card”) are subject to the terms and conditions and payment practices established by the Card issuer and these General Conditions of Service. Customers are required to provide (and maintain) BTC current debit or credit card information when payments are made by Card.
(g)	Payments made to BTC via automatic teller machine (“ATM”) or online banking are subject to the rules and regulations and payment practices of the Customer’s bank and these General Conditions of Service.
(h)	Customers are responsible and shall be charged accordingly if payment to BTC by a Card or by any other non-cash method is rejected for any reason. BTC will pass on to Customers any bank charges incurred for non-sufficient funds or Card denials..
(i)	Any dispute to a charge on a Customer’s bill must be made by calling or writing to BTC at customersupport@btc.bm within thirty (30) days of the date of that bill, otherwise the Customer will be deemed to have accepted such charge. If the dispute is valid and BTC has incorrectly charged your account, credits will be applied back to your BTC account to be applied to future charges. Customers are expected to pay all undisputed charges in accordance with these General Conditions of Service.
(j)	A Customer who does not pay his or her bill by the due date specified on the bill will be subject to a late fee. Customers who fail to pay on or before the due date will be subject to service disconnection with a Charge imposed for reconnection. Customers who are current on the non-disputed portion of their bills will not be subject to late fees or disconnection.
(k)	BTC will reconnect service when all outstanding charges including the reconnection fee are paid, however, BTC cannot guarantee that the Customer will be able to retain his or her prior telephone/directory number for reconnections that occur after 30 days.
(l)	Where a Customer continuously fails to pay charges due, BTC may disconnect or remove its equipment from the Customer’s residence or business premises. BTC reserves the right to refuse to provide service to a Customer as a consequence of non-payment by the Customer of charges even if all outstanding charges are subsequently cleared.
(m)	BTC may at any time (1) require the Customer to pay an advance deposit or provide a guarantee as security for payment of future bills by the means requested by BTC and/or (2) carry out a credit check of the Customer. The Customer will be required to provide BTC with any information that BTC may reasonably require for any such credit check.
(n)	BTC may require full payment by the Customer of all sums owed to it before providing interconnection service. This may include reimbursements for loss or damage to telephone facilities as provided herein, periodic charges for facilities and service, termination charges, installation charges, minimum charges or otherwise.
(o)	Customers will be responsible for all debt collection, legal and other charges incurred by BTC in attempting to recover all overdue amounts.

4. CREDIT PROGRAM

(a)	BTC will provide any residential or single line business Customer who is out of service, as defined herein, with a maximum of one (1) out of service credit equivalent to one (1) month access line rental charge, per access line per calendar month. BTC will consider such a Customer to be out of service in the event that the Customer cannot make and/or receive a call on such Customer’s access line(s) for the following periods of time:
	(i)	Residential Customers: a minimum of seven (7) consecutive days
	(ii)	Single line business Customers: a minimum of two (2) consecutive days
	The period of time that BTC may consider a Customer to be out of service will commence when the Customer reports the outage to BTC. BTC will consider service interruptions reported after 3:00 p.m. to have been received at 9:00 a.m. on the following day. Credits will be applied automatically to the Customer's bill in the month following the service interruption.
(b)	The following fault categories are excluded from the credit program:
	(i)	Faults resulting from acts or omissions of the Customer;
	(ii)	Faults resulting from acts or omissions of third parties;
	(iii)	Faults resulting from Customer-owned or third party equipment, including, but not limited to, interior wiring from the demarcation point, jacks or grounding equipment;
	(iv)	Faults resulting from fraudulent or otherwise unauthorized use of service;
	(v)	Repeat faults due to the failure of the Customer's underground cable where BTC has requested that the Customer open a trench for new conduit and cable to be installed;
	(vi)	Faults where rectification involves the Customer settling a boundary dispute;;
	(vii)	Faults caused by third party infrastructure or excavation;
	(viii)	Faults caused by events beyond BTC's reasonable control, including, but not limited to, hurricane, storms, flooding, power surges or loss of power;
	(ix)	Delays by BTC with respect to installation of service or the transfer of existing service; and
	(x)	Service interruptions where BTC has disconnected the Customer line due to the failure of the Customer to pay BTC’s Charges or otherwise pursuant to law.

5. TERM, TERMINATION OR REQUEST FOR NEW SERVICE OR CHANGE OR TRANSFER OF SERVICE

(a)	BTC’s agreement with the Customer starts when the Customer first takes up any service with BTC and will continue for the duration of time as set in the Order Form, “the Initial Term”. The services will end when you no longer have any Services in the event that BTC or the Customer terminate this agreement before the Initial Term subject always to the termination clauses in this agreement. At the end of the Initial Term, and provided that neither BTC or the Customer has exercised any termination rights, the agreement will renew on a month to month basis until such time as BTC and the Customer will enter into a new agreement .
(b)	All Customers must give BTC 30 days’ notice in writing to terminate service, and Customers will be charged full service fees for 30 days following BTC’s receipt of the written termination notice. All business Customers must make any request for new service or service changes or transfers in writing. Failure to provide written notice will result in the continuing liability of the Customer for all access, service, rental and other charges.
(c)	If a Customer fails to comply with these General Conditions of Service, BTC may take action, including suspending, disconnecting or terminating service.
(d)	BTC reserves the right to suspend or terminate service and remove all BTC-owned equipment in the following circumstances:
	(i)	Failure to pay all undisputed Charges on the due date (as per section 3 above);
	(ii)	Interference with BTC’s equipment or access line by the Customer
	(iii)	If used in a manner or for a purpose prohibited by law, including without limitation to send or communicate messages, conduct activities or otherwise use the service in contravention of any law as amended from time to time; and
	(iv)	If used in to send or communicate bulk, unsolicited Electronic Records (as defined in to persons with whom the Customer has no relationship (either contractual or personal) or to persons who have not otherwise consented to receive such Electronic Records.

6. LIMITATION OF LIABILITY

Except as is specifically set out in these General Conditions of Service and to the maximum extent permitted by law, BTC shall have no liability under these General Conditions of Service (including incidental procedures for the operation thereof or for its negligence or otherwise):
(a)	For any failure in the provision of service (excluding failures covered by a Customer’s Service Level Agreement);
(b)	For any indirect loss; loss of business, revenue, or profit; expected savings; wasted expense; financial loss or loss or harm to Customer’s data;
(c)	For libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over BTC's telecommunications network from a Customer's property or premises or recorded by a Customer's equipment or BTC's equipment;
(d)	For the infringement of patents arising from the combining or using of the Customer’s facilities or equipment with BTC’s equipment or BTC’s telecommunications network;
(e)	For damages arising out of the act, default, neglect or omission of the Customer in the use or operation of equipment provided by BTC;
(f)	For damages arising out of the transmission of material or messages over BTC's telecommunications network on the Customer's behalf that is in any way unlawful;
(g)	For any damages or injuries which may occur through lightning or other currents being carried over or through BTC's equipment or facilities;
(h)	For any damages due to fraudulent or otherwise unauthorized use of service;
(i)	For any damages arising out of defects in transmission or mistakes, interrupts, delays or errors occurring in the course of providing service
(j)	For any damages caused by or not prevented by Customer-owned equipment; or
(k)	For any damages caused by incorrectly published telephone numbers or inadvertent publication or availability of an unpublished number.

7. INDEMNIFICATION

(a)

The Customer undertakes to indemnify and hold BTC harmless from any and all loss, claims, demands, suits or other action, or any liability whatsoever, for any personal injury to, or death of, any person or persons and for any loss, damage or destruction of any property caused, or claimed to have been caused, directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of Customer-owned and maintained equipment other than injury or damage caused by the negligence of BTC or any of its employees in the course of authorized employment.

(b)

Where the operation of a Customer’s facilities or equipment causes disruption in BTC’s service to any other person, the Customer shall indemnify and hold BTC harmless from any and all actions, causes of action, claims, demands or liability arising out of the disruption of service.

8. UNAUTHORISED USE OF SERVICE

The Customer shall comply with all applicable laws in using the service and shall notify BTC immediately if the Customer becomes aware of any fraudulent or otherwise unlawful or unauthorized access or use of service. BTC may at any time immediately suspend or terminate service to prevent any unauthorized use of service or to protect the integrity of its network.

9. WAYLEAVES

(a)

Customers will provide safe and reasonable access to BTC’s plant and telephone equipment at all times to BTC employees in the execution of their duties and will grant permission to erect poles and run wires on their property through a suitable right-of-way for the provision of telephone service.

(b)

In the event that the Customer has obstructed or failed to maintain BTC’s safe and reasonable access to its equipment, BTC may, at its sole discretion, decline to complete any work until such time as the Customer provides such access to the equipment. BTC may levy an extra charge in the event that the Customer has not restored safe and reasonable access to its equipment, and BTC determines to proceed with the work. The Customer shall fully indemnify BTC for any loss, damage or injury that occurs as a result of the Customer’s failure to provide safe and reasonable access to BTC’s equipment

10. COLLECTION AND USE OF DATA

The collection and use of data collected is an integral element of BTC’s services, and you expressly consent to such collection and use in accordance with our privacy policy, as may be amended from time to time .A current copy of our privacy policy is available at Privacy Policy Part of our Privacy Policy commitment is to never disclose any Personal Data or Information that BTC may receive from you and through your use of Service to third parties or use your Personal Data for any purpose other than as provided in the Privacy Policy.

11.NETWORK MAINTENANCE / UPGRADING / GENERAL IMPROVEMENTS

In order for BTC to continue to offer the highest of quality Services BTC reserves the right to effect changes to the rules of operation, accessibility and security procedures and the provision, type and location of the Service. General network and other related maintenance will be performed during non-peak times and will generally be communicated to the Customers in advance.

12. TECHNOLOGY CHANGES

BTC may change its Service delivery methods or platforms from time to time which may require the Customer to change Equipment and/or Equipment settings to continue to avail of the Services. The Customer agrees that such changes do not constitute changes to the conditions of the Service. BTC will not liable for any costs incurred as a result of any changes required to be made by you.

13. SERVICE MODIFICATIONS

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BTC shall have the sole discretion to modify the standard settings and/or features of the Service from time to time. BTC and the Customer agree that such changes do not constitute changes to the conditions of the Service. In the event that BTC withdraws a Service, BTC will move the Customer to, or make available, a comparable replacement Service and/or plan only where possible. Where BTC withdraw a plan (but the Service remains available), BTC will always move the Customer to a comparable plan where possible. If no comparable plan is available, BTC will move the Customer to the most comparable plan to ensure the Customer continues to receive the Service. BTC may also move the Customer to another Plan at any time if the Customer will be better off. BTC will provide the Customer with notice of Service modification. In the event that the Customer does not agree with the Service or plan they have moved to, the Customer must terminat this agreement . In the event that the Customer terminates the agreement between BTC and the Customer, for the above reason, the Customer shall not be subject to payment of early termination fees.

14. LOCAL LISTINGS AND TELEPHONE NUMBERS

(a)	BTC shall provide the Customers’ published telephone numbers for publication in Bermuda and for listing with the necessary assistance service and/or other directory as the Customer will authorise at such cost as will be determined and communicated to the Customer . BTC will not accept liability for any damages that may arise from the publication of such a number or for disclosing it in any way.
(b)	Customers who choose to have their numbers unpublished will not have their telephone number available for listing in any directory. Where BTC agrees to keep a Customer’s number unpublished, BTC shall not be liable for any loss or damage that may arise therefrom

Privacy Code

1. OBJECTIVE AND SCOPE

BTC is a Bermuda telecommunications company providing a full range of telecommunications and electronic transmission services to individuals located both in and outside of Bermuda. To be able to provide its services, BTC gathers certain confidential information about its Customers. While the gathering of such confidential information is a necessity, BTC respects the privacy of its Customers and their communications and has established as a priority the protection of the confidentiality of all Customer Information.

2. APPLICATION SUBJECT TO LAWS

(a)

This Privacy Code sets out the Company's privacy policy and the principles and procedures for collecting, using and protecting Customer Information. The application of these privacy principles and procedures is subject at all times to applicable legislation, regulations, tariffs, and the orders of courts or other lawful authorities, and may be subject to some agreements (such as intercarrier agreements).

(b)

BTC will continue to review this Privacy Code to ensure that it continues to comply with all applicable laws and regulations and remains current with changing technologies and the needs of BTC's customers.

3. DEFINITIONS

In this Privacy Code:

"Company", "we", "our", "us" means BTC and its agents and contractors;

"Consent" means a voluntary agreement by a Customer for the collection, use and disclosure of personal or confidential information for the purposes and in the situations set out in this Privacy Code. Consent may be either express or implied and can be provided by the Customer or its authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of BTC. Implied consent is consent that can reasonably be inferred from a Customer's action or inaction.

"Customer" means any identified or identifiable person or entity who or which subscribes to or applies to subscribe to BTC's telecommunication services or purchase BTC's goods; "Customer Information" means any information in any form provided by a Customer, whether or not a natural person, associated with his, her or its telecommunication service or application for telecommunication service;

4. PERSONAL INFORMATION COLLECTION

(a)	BTC collects your personal information with your knowledge and consent and typically when you:
	(i)	Use BTC's and its affiliates wide range of products and services that are offered for which you may choose to opt-in;
	(ii)	Make customer enquiries, register for information or other services;
	(iii)	Respond to communications from us (such as SMS, emails, questionnaires or surveys);
	(iv)	Interact with BTC's websites such as submitting an application form, completing survey form, use online services. (If your browser has Internet cookies enabled it can facilitate BTC's tracking of personal preferences, pages visited etc);
	(v)	Participate on BTC's social media pages such as Facebook;
	(vi)	Participate in BTC's promotional events, incentive or loyalty programs;
	(vii)	Provide information through BTC's customer call centres, dealers and sales channels or any other affiliates or business dealings with BTC by which you have consented to provide your personal information.
(b)	The types of information that BTC may collect include, but are not limited to:
	(i)	Contact information (such as name, address, email address and telephone number)
	(ii)	Identification information (such as passport identification number, tax registration number or social security number, driver's license, date of birth)
	(iii)	Demographic information (such as age range, marital status, gender)
	(iv)	Photographs such as those that you may submit for contests or prize winning competitions
	(v)	Product specific information (such as preference, closed user group (CUGs), friends and family who you chose to include in your service plan, credit limit)
	(vi)	Banking information (such as direct debit and related bill payment banking transactions)
	(vii)	Service account information (such as call usage, account balances, transaction history, credit information, billing, loyalty points)

5. MOBILE APPLICATIONS

BTC may from time to time offer and request your participation in various mobile applications to enhance user experience. If you chose to register for an application, BTC may obtain information about you and/or your mobile device. BTC will use the information collected in accordance with this Privacy Statement. You may stop the collection of your personal information at any time by uninstalling the relevant applications for which you have registered or contact us and make a request to opt-out.

6. PRIVACY PRINCIPLES

6.1 BE RESPONSIBLE

(a)	We are responsible for the Customer Information under our control, including data transferred to or from a third party for processing on our behalf, and for establishing effective mechanisms to ensure compliance with applicable privacy principles.
(b)	BTC's senior management has overall responsibility for ensuring the Company's compliance with this Privacy Code and all other applicable privacy restrictions necessary to protect the confidentiality of Customer Information. These responsibilities include:
	(i)	implementing and maintaining procedures to protect Customer Information in a manner consistent with this Privacy Code and commensurate with the sensitivity of the particular data;
	(ii)	ensuring these privacy principles and practices are considered when developing and marketing new services;
	(iii)	ensuring that this Privacy Code is reviewed periodically by its legal advisors for consistency with the current law.
	(iv)	educating employees about the privacy principles and practices;
	(v)	requiring third parties to have a comparable level of protection when handling Customer Information on our behalf.
(c)	All BTC employees have been made aware of this Privacy Code and are responsible for maintaining the confidentiality of all Customer Information to which they have access. Employees shall not be permitted to access and use Customer Information other than as required to perform their duties.
(d)	When contracting with third parties, we will use appropriate means to provide a comparable level of protection, as is contained within this Privacy Code, where Customer Information is collected or processed by a third party on our behalf. For instance, we will provide only the data required in the circumstances and ensure contracts with the third parties contain limitations as to access, mandate that the information may only be used for the purposes stipulated and require the third parties acknowledge their strict obligation to maintain the confidentiality of the Customer Information to the same extent as is required of BTC.

6.2 IDENTIFY AND SPECIFY PURPOSES

(a)	We will identify (and, where appropriate, use reasonable efforts to make known to the Customer) the purpose for which Customer Information is collected at the time or before collecting it. We will not use Customer Information for non-related purposes without obtaining, unless inappropriate, the Customer's consent.
(b)	BTC may collect and use your Information only if relevant: (collectively called the "Purposes").
	(i)	to establish and maintain responsible commercial relations with you;
	(ii)	to understand your needs and preferences;
	(iii)	to determine your eligibility for goods and services;
	(iv)	to provide you with information concerning our goods and services or about your service;
	(v)	to develop, enhance, market, provide or bill goods and services;
	(vi)	to manage, develop and plan our business and operations;
	(vii)	to protect us against error and fraud;
	(viii)	to meet legal or regulatory requirements; and
	(ix)	as otherwise disclosed prior to its collection or for any other purpose to which you consent;
(c)	Notwithstanding anything in this Privacy Code, BTC has the express right to disclose Personal Data:
	(i)	as required by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution or similar legal process;
	(ii)	when we believe in good faith that disclosure is necessary to protect our rights, protect your security, investigate fraud or respond to a law enforcement request;
	(iii)	with BTC service providers, field engineers, contractors who work on our behalf and who do not have an independent right to use the information to which they have access or that we disclose to them;
	(iv)	with our business partners for BTC's marketing activities, in such case no specific personally identifiable information is provided, as such information is generally aggregated;
	(v)	with third parties for research and development purposes provided that in this event do data shall be disclosed that identifies that;
	(vi)	with our subsidiaries and affiliates; and
	(vii)	to third parties who have contracted with BTC to assist BTC in providing any of the foregoing Purposes. Such third parties, as a term of their contract with BTC and prior to the release of any Customer Information to them by BTC, shall agree to be bound by this Privacy Code.
(d)	The Purposes, and any new purposes for which BTC may use or disclose Customer information may be specified in various ways, such as in legislation, by regulation, by governmental or administrative directive, in our published Conditions of Service or tariff for a specific telecommunication service, in our Company forms executed by the Customer, in an agreement between BTC and a Customer, in this Privacy Code, as amended from time to time, or by reference to a specific policy or document available to the Customer. Additional purposes by which BTC may use or disclose Customer Information may be disclosed to the Customers orally, electronically or in other writing as BTC considers appropriate in the circumstances prior to the use or disclosure of the Customer Information.

6.3 LIMIT COLLECTION

(a)	We will limit the collection of Customer Information to that which is relevant for the purposes we have identified and will obtain such data by lawful and fair means and, where appropriate, with the knowledge or consent (express or implied) of the Customer.
(b)	We will limit collection to Customer Information that is not prohibited by law in Bermuda from being collected.

6.4 LIMIT USE AND DISCLOSURE FOR IDENTIFICATION PURPOSES

(a)	We will not use or disclose Customer Information for purposes incompatible with the identified purposes in this Policy or as required by law..
(b)	We may use information we have collected from you for direct marketing, billing or other purposes necessary for the provision of BTC services and goods.
(c)	With your consent, we may disclose certain Customer information:
	(i)	where we wish to transfer certain classes of services to another Carrier and that Carrier is bound by its Privacy Code;
	(ii)	in respect of public telecommunications services which are directly connected with the delivery of emergency services;
	(iii)	as permitted under law
	(iv)	to a person who in the reasonable judgment of BTC is seeking the information as an agent of the Customer;
	(v)	to another telecommunications company for the efficient and cost-effective provision of telecommunications services;
	(vi)	to a company involved in supplying the customer with communications or communications directory related services;
	(vii)	to a company or individual employed by BTC to perform functions on its behalf, such as research or data processing;
	(viii)	to another company or individual for the development, enhancement, marketing or provision of any of BTC's products or services or other products or services BTC believed may interest the Customer;
	(ix)	to an agent used by BTC to evaluate the Customer's creditworthiness or to collect the Customer's account;
	(x)	to a credit reporting agency (if properly authorized);
	(xi)	to a public authority or agent of a public authority, if in the reasonable judgment of BTC, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; and
	(xii)	to a third party or parties, where the Customer's consent to such disclosure is required by law.

6.5 ENSURE ACCURACY OF CUSTOMER INFORMATION

(a)	We will take reasonable care to ensure that Customer information is, to the extent necessary for the purposes for which the data is to be used, accurate, complete and kept up to date.
(b)	The Customer has the obligation to correct any data that they have reason to believe is inaccurate. If we find Customer information that is incomplete or not up to date, we will endeavour to destroy, erase or rectify the records as appropriate.

6.6 LIMIT RETENTION

(a)	We will take reasonable care to destroy, erase or make irreversibly anonymous Customer information when it is no longer reasonably required.
(b)	We will implement reasonable and systematic records retention and destruction policies, procedures and schedules.

6.7 EFFECT SECURITY SAFEGUARDS

(a)	We will ensure that Customer information is protected by reasonable security safeguards appropriate to the type and sensitivity of that information.
(b)	The nature of safeguards will vary depending on the type, format and sensitivity of the information.
(c)	We will protect Customer information collected by or disclosed to third parties for processing on our behalf by agreements that stipulating the confidentiality of the information.
(d)	As a condition of employment, we require employees with access to Customer information to respect the confidentiality of the Customer Information.
(e)	Such safeguards as may be required by jurisdictions other than Bermuda through Customer information may travel shall be governed, where applicable and such safeguards are reasonable, by such jurisdictions transborder data flow regulations. BTC shall endeavour wherever possible to ensure that such data flow regulations meet the minimum standards set out within this Privacy Code.

6.8 ALLOW REVIEW AND RECTIFICATION OF CUSTOMER INFORMATION

(a)	We will allow Customers to review their information that is subject to processing, where appropriate and on reasonable request and terms, to verify accuracy. If shown to be inaccurate or incomplete, BTC shall endeavour to rectify as appropriate.
(b)	If we agree or are directed by an authority having jurisdiction that the Customer information is inaccurate or incomplete, we will destroy, erase, or rectify such records. Customers can get access to their personal information by contacting a representative at BTC's business offices.
(c)	To safeguard Customer Information, we may require Customers to provide satisfactory proof of identification and/or to submit their request in writing.

7. PROVIDE COMPLAINT RESOLUTION PROCEDURES

	If you have a complaint, you write to BTC and we will the Customer of the procedures available redress complaints concerning compliance with the above principles and to address complaints in an effective manner.
(a)	If a complaint is found to be justified, we will take appropriate measures to resolve the complaint. Our procedures aim to respond to complaints quickly and effectively and without prohibitive cost to either party.
(b)	Where it appears that disputes cannot be resolved between the parties, consideration should be given to alternative dispute procedures. This may include advising the Customer of the availability of any relevant dispute resolution procedures applicable.
(c)	Persons accountable for ensuring compliance with these privacy principles may seek external advice where appropriate before responding to complaints.

8. CONTACTING BTC

For more information on BTC's Privacy Code or if you wish to review or discuss the handling of your own Information, please contact a BTC Representative at 441-295-1001 8:00 am - 6:00 pm Atlantic Standard Time or e-mail:ResidentialSupport@btc.bm

You may also fax us at (441) 292-1192
or write to:
BTC Limited,
P.O. Box HM 1021,
Hamilton HM DX,
Bermuda

Toll Fraud

Who can access the PBX system apart from us or BTC?

They're called hackers. They sell information between themselves and they cost businesses millions of dollars each year.

They use weaknesses in corporate Call Server/PBX/Key System programming for personal gain at the (considerable) expense of the victims, and your system may be their next target. So what can you do to protect your system from toll fraud?

What you should do as an owner of a PBX system to protect yourself from fraud?

Decide what you need from your system. PBXs can restrict calls by numbers, time of day, country codes, etc. You, the owner must decide what suits your business and what procedures and policies need to be in place to keep the system secure. When key communications or administration staff leave, does the system get checked? Stay vigilant, suspicious and keep records.

Monitor your call costs and destinations.
Know what your calls are costing. The marketplace offers telephone accounting and control systems of varying complexity and cost. Simpler systems keep records and might calculate call costs. More complex systems control the PBX security and provide alerts with inbuilt, programmable toll fraud detection systems. Know of irregularities well before the monthly phone bill arrives with any bad surprises. Ask your installer or service provider what steps to take if you suspect toll fraud.

Lock down the outgoing destinations
Your PBXs have multiple, powerful measures to totally restrict calls to inside the local system.

Call your installer or service provider and jointly review what numbers are allowed and barred in your system. Adopt the philosophy of initially barring all outside calls and only opening up to places that are requested or approved, and keep records. This approach allows all the new services being added by carriers to be automatically excluded until they are specifically allowed. Forwarding calls to mobiles can be barred unless allowed to specified numbers. Use a quality process where positive action is in place to review each request.

Control physical security
Determine how secure your PBX or computer switch room is. If anyone can walk in without being noticed or questioned, you may be the next victim of a more direct form of toll fraud attack. Provide escorts where necessary. Keep sensitive details of passwords, network diagrams out of sight.

Change codes and authorizations
Delete employee authorization codes when they leave your company. If they bear any ill will, they may use or sell the important codes as a means of getting revenge. Secure the passwords of your own company and your clients.

Document a plan of action
Develop a formal action plan as a "toll fraud counter-measures" policy in your company. Have procedures worked out to know who to contact (the company, the installer, the carrier, the users) for emergencies and what short-term actions need to be taken. Work out what facilities can be cut in emergencies until security is restored.

Periodic auditing
It is prudent to have PBXs audited at regular intervals to check for security weak points and how well the programming suits the needs of the company. Investigate the features of newer releases with your supplier.

Contact a BTC Representative to Discuss Your Needs. Call 441-299-3222 or Fax 441-292-8841 8:30 am - 4:45 pm Atlantic Standard Time or e-mail: businesssales@btc.bm

Internet Terms & Conditions

BTC Internet Terms & Conditions Summary

1. The Service: Acceptance by Customer
Sets out your consent to provision of the service and adherence to the terms of the service.
2. Local Telecom Services
In the event that you do not get end to end service from BTC, this clause sets out BTC’s responsibility.
3. Charges and Fees; Payments, Disputes, Suspension and Termination of Services
Sets out the billing process, credit card checks, consents, billing dispute resolution and all charges applicable to the customer.
4. Customer Warranties and Representations
Sets out the conditions to use the service such as being above the age of majority.
5. Customer Information
Sets out BTC’s privacy policy.
6. Termination; Suspension of Service
Sets out termination and suspension of service process.
7. Network Maintenance / Upgrading / General Improvements
Sets out the how notices of network maintenance will be made to you.
8. Customer Indemnification
Sets out circumstances where each Party may have an obligation to indemnify the other Party.
9. Technology changes
Sets out how new technology changes will impact you
10. Service modifications
Sets out how BTC will treat you in the event that a Service or Plain is no longer available..
11. On Demand Terms and Conditions
Sets out some services that you may be required to order separately as they do not form part of this Agreement.
12. Other Equipment and/ Gifts
Sets out how BTC treats gift items given to you.
13. Waiver
Sets out your right to enforce your rights under the Agreement.
14.Privacy
Sets out an excerpt of BTC’s Privacy Policy.
15. General
Sets out terms to vary the Agreement and how notice will be communicated to you.

BTC Internet Terms & Conditions

1. The Service: Acceptance by Customer

BTC (“The Service Provider”) agrees to provide to the Customer named on this Order Form (“You”) the service(s) specified on the Order Form subject to the Conditions of Service as set therein Sign Up Form hand the terms and conditions set forth below. You understand and expressly consent that the Service is governed by these terms and Conditions. We will make reasonable commercial efforts to notify you of any updates to these Terms. Notwithstanding the foregoing, your continued use of the Services will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. If you do not agree to any of these Terms, please do not use the Services. The Service Provider reserves the right to require credit references and/or a security deposit prior to activation of the Service, if in The Service Provider’s sole discretion, it is deemed appropriate.

2. Local Telecom Services

You shall, at your own expense, arrange for the installation and maintenance of any necessary telecommunication equipment and link between your location and The Service Provider network. Where applicable, the Service Provider shall have no responsibility for the through transmission of signals, or for the quality of such equipment or link. The Service Provider is not responsible in any way for any customer owned equipment. Inasmuch as such equipment or link will be provided by a third party telecoms provider, you acknowledge and agree that The Service Provider shall have no liability whatsoever to you for any loss, cost or damage (including, without limitation, any special, indirect or consequential damages) related in any way to a failure of deficiency in the installation or use of such equipment or link.

3. Charges and Fees; Payments, Disputes, Suspension and Termination of Services

a) You agree to pay, at the beginning of each service period, the following: full charges relating to the services you have subscribed to including any installation, setup fees as agreed or usage. The service period for the first month of service is defined as a full month of service which starts on the day that you signed up for The Service Provider’s service and continues until the end of that month. Service is paid in advance and The Service Provider reserves the right to change the billing period. For hardware charges such as modems, filters, routers etc. that have been purchased through The Service Provider, Corporate account customers may apply these charges to their Service Provider account, which will appear on the next statement, or have the charges applied to a credit card on the day they have taken possession of the equipment. Residential customers are required to pay in full upon receipt of any hardware.

b) Monthly statements are sent to you at the email address provided on the sign up form. Statements are for your records only and in the case of residential and DSL customers, payment for services will either be taken directly from the credit card supplied on the sign up form or accepted from you in cash or cheque payment. In the event you change or no longer check the email you initially provided to us or that we have on file, you are still obligated to pay the charges. Failure to receive or loss of a bill does not constitute a valid claim for failure to make payment.

c) You are responsible for all charges and fees related to your Service Provider account and charged to you, therefore you should take all steps necessary to safeguard your access to services which should include your login and password.

d)Business accounts may be sent monthly invoices by which to pay by. For Business accounts that do receive a monthly invoice, payment is due within thirty (30) days from the date of the invoice. Payment is to be made directly to BTC Bermuda – Washington Mall, Phase II, 22 Church Street, Hamilton, Bermuda, HM 11 (30 Victoria Street, Hamilton, Bermuda, HM 12)

e) Residential Dial, DSL and Long Distance accounts are to be paid by automatic credit card provided by the subscriber, by cash or by cheque. You are responsible to ensure that adequate funds are in the account on the date payment is due to ensure the card is not declined. In the case of a declined card, failure to pay by cash or cheque or in the event your account is suspended, you will be responsible for all and any late charges and charges in arrears including a 1.5% per month or minimum $3 late payment charge that will be applied to your account.

f) You will be responsible for notifying The Service Provider in the event you wish to use an alternate credit card for monthly payment. This information, including expiry date and billing address, must be received by The Service Provider in advance of the billing date (which is the first day of the month you initially subscribed for service).

g) In the event that you have not notified us with the renewed credit card expiry date in advance of your card expiring, you authorize. The Service Provider to change your expiry date to a date that is known to be common for all other cards changing on the same date and general information that would have been obtained from the bank.

h) Should you wish to dispute any invoice, statement or charge, you shall do so in writing to customersupport@btc.bm within 10 days of incurring the charge from The Service Provider, otherwise The Service Provider will deem the charge valid. If the dispute is valid and The Service Provider has incorrectly charged your account, credits will be applied back to your Service Provider account to be applied to future charges. Customers requiring a credit to be applied directly to a credit card supplied at time of sign up will receive such credits in the week following resolution. All credits are performed at a common day each week at the discretion of The Service Provider..

i) Invoices not paid on time may be assessed late payment fees of 1.5% per month or a minimum of $3 per month. A processing fee of BD $25.00 will be charged to your account if your payment is rejected for any reason or credit card funds declined.

j) Customers wishing to voluntarily suspend accounts must do so in writing to customersupport@btc.bm The Service Provider does not temporarily suspend accounts for purposes of holidays and vacation. In the event you are off the island and not actually using the services you have subscribed to, you will still be responsible for all charges and payments during the time you were away and not actually using the service. The Service Provider must continue to operate a reliable network, monitoring links, billing engine etc regardless of your individual Internet use. If The Service Provider does temporarily suspend your account and charges, we will do so in writing.

k) In the event you choose to terminate your account for any reason, you must do so in writing to customersupport@btc.bm no less than 30 days in advance of the start of your next monthly service period. You may only terminate your account if you are outside of any initial term period agreement and if your account is current and paid to date. Termination can only be accepted in writing so it is suggested that you keep a record of your sent mail, as proof, until such times as we have terminated your account.

l) In the event you choose to terminate your account, for any reason, before the initial term period that was agreed upon by you, you will be responsible to pay The Service Provider the equivalent of the monthly service fee for the number of months remaining in your initial term. In addition, if you terminate your account, for any reason, before the initial term period that was agreed upon by you, and if you received a DSL modem from The Service Provider at no charge, you will be responsible to pay The Service Provider the value of the modem which is currently set at BD $ 129.00. This amount will be charged directly to your credit card supplied at time of sign-up, or in the case that credit card is no longer valid or is returned as declined, you agree to pay all charges to The Service Provider along with any third party collection fees that are incurred during the collection process.

4. Customer Warranties and Representations

You hereby represent and warrant to The Service Provider as follows:
That the Service will only be used for lawful purposes and the transmission of any material or information arising from the use of the Service will not violate any applicable law or regulation of Bermuda or any other jurisdiction; that the Service will not be used in any manner to access The Service Provider’s computer installations for any purpose other than obtaining the Service in accordance with the terms and conditions of this Agreement; that you are at least eighteen (18) years of age.

5. Customer Information

The collection and use of data collected is an integral element of the Services, and you expressly consent to such collection and use in accordance with our privacy policy, as may be amended from time to time. Part of our Privacy Policy commitment is to never disclose any Personal Data or Information that BTC may receive from you and through your use of Service to third parties or use your Personal Data for any purpose other than as provided in the Privacy Policy.

6. Termination; Suspension of Service

Either party may terminate this Agreement at any time with no less than 5 days’ notice in advance of the start of your next monthly service period. Notice must be provided in writing as detailed in Section 3(k) above as provided herein and provided that you have fulfilled your obligation of any initial term period as shown on sign up form.

(a)	The Service Provider may, at its absolute discretion and without notice effective immediately suspend or terminate the Service;
	(i)	if you fail to pay any charge or other amount due hereunder; should The Service Provider in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service, interferes with The Service Provider’s computer network or equipment; if you otherwise commit a breach of any term of this Agreement.
	(ii)	If you (or any third party, with or without your knowledge) use your Services in a way which we reasonably think may damage or negatively impact the operation of our Network, the Services, other users of the Service or a third party’s network;

b) No suspension or termination of the Service will terminate your obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. In the event that action is required to recover outstanding amounts, you shall be liable for all costs of collection, including legal fees and expenses.

c) Should the Service be suspended or terminated for any reason and should The Service Provider subsequently agree, in its sole discretion, to reinstate the Service, you shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service. The Service Provider may choose not to reinstate the Service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension.

d) The Service Provider does not credit partial service periods or monthly fees. In the event you cancel your service before the start of your next service period, The Service Provider is not obligated to refund any prorated amounts of your monthly fee and any fees paid are non-refundable.

7. Network Maintenance / Upgrading / General Improvements

In order that The Service Provider can continue to offer the highest of quality Internet access and other related services such as hosting etc, The Service Provider reserves the right to effect changes to the rules of operation, accessibility and security procedures and the provision, type and location of the Service. General network and other related maintenance will be performed during non-peak times and will generally be communicated to The Service Provider customers in advance, to the email that was provided at time of sign up.

8. Customer Indemnification

You hereby indemnify and hold harmless The Service Provider from any and all claims, actions, costs, expenses, damages and liabilities at law or in equity, including legal costs, arising in any way from the Service or your use thereof including without limitation claims of slander infringement of patents arising from combined with, or used in connection with the Service or The Service Provider’s network system.

9. Technology changes

The Service Provider may change its Service delivery methods or platforms from time to time which may require you to change Equipment and/or Equipment settings to continue to avail of the Services. You agree that such changes do not constitute changes to the conditions of the Service. We will not liable for any costs incurred as a result of any changes required to be made by you.

10. Service modifications

We have the sole discretion to modify the standard settings and/or features of the Service from time to time. The parties agree that such changes do not constitute changes to the conditions of the Service.In the event that we withdraw a Service, we will move you to, or make available, a comparable replacement Service and/or plan only where possible. Where we withdraw a plan (but the Service remains available), we will always move you to a comparable plan where possible. If no comparable plan is available, we will move you to the most comparable plan to ensure you continue to receive the Service. We may also move you to another Plan at any time if you will be better off. We will provide you with notice of Service modification. In the event that you do not agree with the Service or plan we have moved you to, you must terminate your agreement with us. In the event that you terminate your agreement with us, for the above reason, you shall not be subject to payment of early termination fees.

11. On Demand Terms and Conditions

Any services which we have not committed to providing you with for the entire duration of your contract with BTC are called “On Demand Terms and Conditions”. On Demand Services include but are not limited to the following which is not an exhaustive

	a. Content services;
	b. Roaming services;
	c. Premium Rate Services.

These are Services which we are not in a position to guarantee at the time of entry into these General Terms and Conditions and relate to services which we have not agreed to provide for the duration of your minimum contract term. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services. We may amend, vary or withdraw the terms of any On-Demand, ancillary services from time to time, without any notice to you and you will not be entitled to terminate your Contract if we do so. For example, from time to time we may increase the price of On-Demand Services or we may withdraw these Services without notifying you of such changes.

12. Other Equipment and/ Gifts

The Service Provider may at its discretion include as part of its Services gift items. Such gift items are provided on an as is basis, without any warranties and are only available while stocks last. The Service Provider shall not be liable to the Customer with respect to the free gift. The free gifts cannot be exchanged for discounts on any services. The free gift is not guaranteed and is not endorsed by the Service Provider.

13. Waiver

If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.

14. Privacy

Our Privacy Policy forms part of our Agreement with you, and sets out how we collect, use and disclose personal information. It is important that you read the Policy available at http://www.btc.bm/legal.php#privacy .We may monitor and/or record calls made between you and us to ensure that we have a proper record of our dealings with you and also for the purpose of maintaining and improving the quality of our services

15. General

These Terms and Conditions are accurate as of the date of publication and The Service Provider reserves the right to vary the same at any time. In the event of such variation, The Service Provider will notify you of such changes on The Service Provider’s website. Your continued use of the Service after the date the variations take effect is express consent from you to the varied terms and conditions. In the event that you do not accept any amendments or variation, you must immediately notify The Service Provider and terminate your account as per clause 3(k) above. In the event that you terminate your agreement with us pursuant to this clause, you will not be charged an early termination clause as per clause 3(l).

International Long Distance

The ‘BTC Long Distance’ Promotion Terms and Conditions

1.	Definitions
	In these Terms and Conditions ‘Promotion’ means a temporary offer devised to promote usage of the long distance service offered by the Company.

2.	Agreement
2.1	The 'BTC Long Distance' Terms and Conditions (“these Terms and conditions”) shall govern the relationship between Bermuda Telephone Company (BTC) (hereinafter referred to as "we", "us" "our" and "the Company") and the user (hereinafter referred to as "you", "your" and "the Customer") of the Company’s 'BTC Long Distance' (hereinafter referred to as ‘The Promotion’).
2.2	By activating the BTC Long Distance, you have agreed to these Terms and Conditions. By making international calls using your landline, you have agreed to the Terms and Conditions. Additionally, by using your fixed line, you have agreed to these Terms and Conditions..
2.3	These Terms and Conditions are to be read with the BTC General Terms and Conditions which can be found on our Website.
2.4	We reserve the right to amend or unilaterally change ‘The Promotion’ and/or these Terms and Conditions subject to providing you with a thirty (30 ) days prior notice. Such notification may be by way of advertisement in the national media, SMS text messaging and/or our website. If your long distance service is used by you after notice of any amendment or change, then you shall be deemed to have accepted the same..
2.5	This agreement is governed by the Laws of Bermuda.

3.	Service Description
3.1	The BTC Long Distance product is open to all new and existing BTC customers and features anytime minute’s international calls. The anytime minutes included in this offer are valid for calls made to the North America, India, Bangladesh, China, Europe, Australia, New Zealand, Asia, South/Central America, Jamaica, South Africa & the Caribbean (excl. Jamaica) for rates starting at 9¢ per minute on landline only. .
3.2	The product is open to new and existing BTC Long Distance subscribers. Those looking to avail of the offer simply need to sign up online or visit the BTC office. This offer is valid for landlines only.
3.3	The BTC Long Distance minutes will apply to calls made to mobile and landline numbers in North America, India, Bangladesh, China, Europe, Australia, New Zealand, Asia, South/Central America, Jamaica, South Africa & the Caribbean (excl. Jamaica).
3.4	It is recommended that customers, who have long distance access through another local provider, unsubscribe from their existing plan to avoid being charged for the BTC international minutes by their current long distance provider
3.5	If you are an existing customer, you can sign up for BTC Long Distance plan, you may make long distance calls to the destinations aforementioned and will be billed according to your long distance plan with rates that start at 9¢ per minute on landlines. More information regarding BTC Long Distance rates can be viewed on our website or in BTC retails stores.
3.6	BTC Long Distance will incur per minute billing. If you make a long distance call for any part of a minute, you will be billed the full one minute rate..
3.7	We accept no responsibility for loss, damage, or claims caused by, related to, or in any way resulting from this product. All costs and expenses not expressly included herein in connection with the offer, and all applicable fees, will be the sole responsibility of the customer.

4.	Payment
4.1	Payment shall be due from the Customer within 30 days of the invoice date. BTC may, at its discretion allow the Customer to make payment at a later date as will be specified on the Customer’s bill. Failure to receive a telephone bill does not constitute a valid reason for non-payment of accounts
4.2	A Customer who does not pay his or her bill by the due date specified on the bill will be subject to a late fee.
4.3	Customers who fail to pay on or before the due date will be subject to service disconnection with a Charge imposed for reconnection. Customers who are current on the non-disputed portion of their bills will not be subject to late fees or disconnection

5.	Fair Use Policy
	The product is offered for the personal use of individuals and not for commercial use. Any usage by an individual that in our sole discretion is intended for financial gain or profit by you will result in the immediate termination of ‘The Promotion’ offer to you.

6.	Liability
6.1	The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.
6.2	We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage (whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.
6.3	We have no liability to you (or any one claiming through you) if we are unable to carry out our duties or provide Service because of factors beyond our control including, but not limited to, the following: (a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal or revocation of any licence or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g) industrial action of any kind.
6.4	We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service
6.5	If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the amount charged for the valid entries made.
6.6	We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected,(altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents..

7.	Exclusions of Terms
	All conditions, warranties, terms and undertakings expressed or implied by statute, common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.

8.	Separation of clauses
	Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply..