Terms and conditions of your residential customer service agreement for Cable & Wireless TV

These terms and conditions set out the agreement between (1) you ('you', 'the customer' or 'your'); (2) Cable and Wireless (Seychelles) Limited ('us', 'we' or 'our').

Your use of the services will be governed by the terms of this agreement. Please read through these terms and conditions carefully.

The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the end of these terms and conditions.

A. Obtaining the services

1. We will try to meet any date agreed with you for installation or activation of the services, but we may have to change the installation date given to you or activation may be delayed. We will try to notify you of any changes as soon as possible.
2. You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your home.
3. Where we need to install equipment at your home, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit.
4. To provide the services, the equipment (e.g. a set-top box) must be connected to equipment belonging to you (e.g. a television). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment.
5. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by us on your equipment.
6. Our obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your home, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate this agreement. You will be notified of this as soon as possible after the survey. We shall not be under any liability whatsoever to you for any failure to provide the services in these circumstances but will refund you for any payments you have already made to C&WS for installation or the services.
7. We do not have to connect the equipment at your home or otherwise keep to this agreement if:
   1. your home is outside our service area or in a part of our service area where no cable has been laid, or we are unable to activate the services on your line or at your home for any reason.
   2. you do not qualify under our current credit policy;
   3. you are not able to be a customer because you have previously misused our services;
   4. it is not practical to carry out the connection for health and safety reasons or for any other reason.

B. About the services

1. General
   1. If you keep to the terms of this agreement, we will provide you with the services.
   2. These terms and conditions and other related terms and conditions may be updated from time to time so please check the C&WS regularly and read through it carefully.
   3. To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams.
   4. From time to time, we may let you try certain services for free. We also have the right to withdraw these trial services at any time and without giving you notice.
   5. From time to time, we may supply you with services or component part(s) of a service for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change the promotional service or component part(s).
   6.  Some parts of the services are supplied by other organisations. As a result, due to matters outside our reasonable control or for commercial or contractual reasons, we may change, cancel or postpone all or any component part(s) of the services without notice, but we will give you reasonable notice of any withdrawals and changes where it is possible to do so.
   7. You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your home uses the services, they will be considered to be within your control and you will be liable for those charges. If you become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give your PIN numbers and passwords to anybody else.
       
2. Cable & Wireless TV
   1. You may not use any reception equipment to receive the television services other than the equipment we have provided to you for the express purpose of receiving the television services (such as a set-top box).
   2. We have the right not to make a Pay-Per-View and/or transactional Video on Demand (VoD) programme available to you if you do not meet credit conditions set by us or if you have failed to pay any charges you owe.
   3. You may not cancel a Pay-Per-View and/or VoD programme after you have bought it except in line with any cancellation information we may have given to you at the time.
   4. It is your responsibility to make sure PIN numbers and passwords for Pay-Per-View and VoD programmes are used correctly.
   5. By taking the television services you acknowledge that the equipment we provide to you may be enabled to make recordings, on your behalf, of broadcasts of the types of programmes that match your preferences, for the purpose of enabling those broadcasts to be viewed at a more convenient time for you.

C Looking after your services

1. We will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly and for us to provide the services to you.
2. We will always aim to provide you with the best service possible, but we will not be liable for interruptions, reception, picture degradation or other problems with the television services which are beyond our reasonable control.
3. If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee:
   1. Misuse or neglect of, or accidental or wilful damage to, the equipment;
   2. Fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover;
   3. Your failure to keep to this agreement.
4. You are responsible for maintaining any equipment that is relevant to the services which you own (for example, television sets).
5. We are not responsible if you are not able to use the services because your equipment does not work properly, is not compatible with the system or does not meet minimum specifications.

D. Using the services

1. You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the services:
   1. Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
   2. Perform any illegal activity;
   3. Break, or try to break, the security of anyone else's equipment, hardware or software;
   4. Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide.
   5. Use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of the customer category you have been subscribed to. If we believe that you are using the services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the services without giving you notice.

 

1. You must, at all times, make sure that the way you use the services does not break the law or the rights of any other person, including C&WS.
2. The following acts are not permitted:
   1. copying or recording all or any part of the television services except as may be permitted by law for your own private, domestic and non-commercial use (and if this kind of copying becomes illegal in the future you must stop doing it);
   2. re-selling, or making any charge for watching or using, all or any part of the television services or
   3. showing all or any part of the television services to the public even where no admission fee is charged, if you have not been duly authorised to do so.
3. You acknowledge that we are entitled to prevent the copying of any part of the television services and to delete from the library we have provided to you recordings which may have been made by you lawfully, but which are from a package you no longer subscribe to.
4. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the services supplied to you under this agreement, or with getting the services without our permission, and to repay fully any costs or losses of this kind which we may suffer.
5. If you misuse the services, get services from us without our permission, or do not meet your responsibilities, we will be entitled to suspend the services or this agreement.
6. It is up to you to make sure that if minimum age recommendations apply to any part of the services, those services are not viewed by anyone below that minimum age.
7. Where a usage or storage allowance is allocated to you as part of the services, you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Furthermore, if you exceed any allowance applicable to your services, we reserve the right (at our sole discretion) to re-grade the services in question at the appropriate charge. If we make such changes we will notify you as soon as possible.
8. We reserve the right to remove by immediate notice material placed on our servers by you or other users which we, in our reasonable opinion, believe violates this agreement or is otherwise harmful to our interests or the interests of other users of the services.

E. Using our equipment

1. Where we hire equipment to you or give it to you for FREE it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your premises.
2. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
   1. Follow the manufacturer's instructions and any other instructions we have given you;
   2. Keep the equipment in your home and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
   3. Not tamper with, disassemble, misuse, neglect or damage our equipment;
   4. Not remove, tamper with or cross out any words or labels on our equipment;
   5. Take proper care at all times to prevent the loss or theft of our equipment.
3. You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by contacting our customer services team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
4. If we or you end this agreement, if you decide to disconnect from our services, or if you wish to take up an offer to upgrade the equipment we provide to you, you must return the equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we encourage you to dispose of it responsibly if you are no longer using it.  You may contact us for further information about disposing of your additional equipment.
5. We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.
6. You will have received certain software in your equipment at the point of activation of your services, and other software programs we may deliver to your equipment from time to time, which your equipment will automatically accept. You may use this software solely in executable code form and solely in conjunction with your equipment. You must not use any unauthorised software on the equipment. Without limiting the foregoing, certain equipment we provide to you may be accompanied by separate software intended for installation on other devices within your home. If you install this software on such devices, the terms of use of the software will be governed by an end user licence agreement, which you must accept before you install the software.
7. We and our suppliers retain title to and ownership of the software for the equipment we provide to you and all intellectual property rights in and on that equipment.

F. Paying for your services

1. You must pay the charges for the services as set out in our price guides or as otherwise notified to you, together with any applicable value added tax or other applicable taxes. We can change the charges, but if we do so, this may entitle you to end this agreement.
2. You must ensure that your payments are received by C&WS by the due date for payment shown on your bill. If you do not pay your bills on time, you will be liable to interest or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you. We will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under this agreement.
3. Under this agreement, if you ask for any changes to the services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
4. You may choose to pay your bills by cash, cheque, credit or debit card, or by Direct Debit.

G. Changing this agreement

1. You may add to or reduce the services you receive from time to time by contacting our customer services team. If you ask us to provide any extra services to you, you agree to accept those additional services for at least the minimum period that may apply to them. If you ask us to reduce your tier of services within the minimum period for those services, we may ask you to pay a fee depending on the services being reduced and if applicable the remaining length of the minimum period. If you wish to reduce your tier of services or remove any additional services (including premium television channels) you must give us 30 days notice and pay any charges (including usage charges and line rental) up to the end of that 30-day notice period.
2. We may at any time improve, modify, amend or alter the terms of this agreement and/or the services and their content if:
   1. there is any change or amendment to any law or regulation which applies to C&WS or the services provided to you;
   2. We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so;
   3. for security, technical or operational reasons;
   4. the programming or content provided by any relevant programme and service providers on the television services is altered;
   5. we decide to offer certain programmes as Pay-Per-View and VoD programmes; or
   6. in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.

However, you will have the right to cancel the affected services or end this agreement if the changes are significant.

1. We may change our charges at any time. Any changes to our monthly charges will be published by us and we will also give you notice of the change(s) at least 30 days before the changes take effect and you may cancel the services affected.

H. Suspending services

1. We may suspend any or all of the services immediately without notice if:
   1. maintenance, repairs or improvements to any part of the services or the system need to be carried out;
   2. we have to do so by law or in line with a contract;
   3. you go over any credit limit on your account;
   4. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment or at any time during the provision of the services;
   5. we believe that you or another person at your home have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the services or equipment (or both);
   6. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
   7. in our reasonable opinion it is necessary to do so.
2. If the services are suspended because you have broken this agreement or if paragraphs 1(c), (d), (e), or (f) you may also be liable for all charges for services during this period of suspension.

I. Ending this agreement

1. Either you or we may end this agreement at any time (including during or at the end of any applicable minimum period) by giving the other 30 days' notice. You must pay any charges up to the end of that 30-day notice period. You may also have to pay an early disconnection fee if your services end within the applicable minimum period as we may have advised you.
2. If we:
   1. increase our charges under this agreement
   2. make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
   3. make significant changes to the terms and conditions of this agreement,
      
      you may cancel those services affected without penalty by giving us at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and this agreement. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances.
3. If we break the terms and conditions of this agreement, you are free to end this agreement.
4. We may end this agreement immediately by giving you notice:
   1. if our right to operate as a public communications provider is suspended for any reason;
   2. if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
5. If you fail to return or make available for removal any item of the equipment which we have hired to you, you may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
6. If this agreement is ended for any reason, or if any of the services are cancelled, we will be entitled to keep any money held (including deposits and advance payments) and to use that money to pay any obligation or debt you may owe under this agreement.

J. Matters beyond our reasonable control

1. We will not be liable for failing to do what it promised under this agreement if we are prevented from doing so by something outside our reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes.

GLOSSARY

The words in bold throughout this agreement have the following special meanings:

'agreement' the terms and conditions set out in this document, together with all the details set out in any contract document we ask you to sign.

'equipment' any telecommunications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements). This may include (but is not limited to) any cable modem, set-top box, cables and ducts. This does not include batteries or certain accessories which may purchase from us, nor does it include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.

'home' the property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the services .

'Internet access' us providing Internet access, by way of high-speed Internet connection or by dial-up Internet access services through a phone line.

'minimum period' the minimum period that you must keep a service, starting from the service start date or such other minimum period as you have agreed with us.

'minimum specifications' the minimum specifications required to use the services as set out by us.

'normal working hours' these are 8am to 5pm on Monday to Friday. These hours may change.

'Pay-Per-View’ programme' a programme or service which is offered for sale to you as an individual purchase either at specific start times or on demand.

‘Video on Demand (VoD)’ video which is offered for sale to you as an individual purchase either at specific start times or on demand from CWS’ VoD library

'price guides' our current list of charges for the services.

'public communications provider' means a public telecommunications provider duly licensed under the Laws of Seychelles.

'service start date' the first date on which each service is available for you to use or, where no installation is required, the earlier of the date your service is activated.

'services' the services you have ordered including any new, extra or substitute services which we agree to supply you at a later date.

'system' an electronic communications system or network.

‘IPTV services’ the television channels, on demand programmes, Pay Per View programmes, interactive services, and any other content, services, information, websites, applications and/or features which are accessible through the equipment we provide to be connected to your television set.