PREPAID TERMS AND CONDITIONS
This is an Agreement between the customer shown on the reverse side (hereafter referred to as “User”) and Bermuda Digital Communications Ltd., doing business as One Communications Ltd. and One (hereafter referred to as "One") for the provision of cellular radio telecommunications service (“Service”), subject to all applicable government laws, rules, regulations and terms of One’s tariffs. One is a registered trademark licensed to Bermuda Digital Communications Ltd. at 30 Victoria Street, Hamilton HM 12, Bermuda. Upon activation of One’s Prepaid Service, the User agrees to the Terms and Conditions set out below.
1. AVAILABILITY. Service is available to the Users’s cellular telephone receiving equipment (“Device”) only when it is within the operating range of One’s cellular system (“Service Area”). Service is subject to transmission limitations caused by atmospheric to topographical conditions. Service may be temporarily refused, interrupted, or curtailed due to governmental regulations or orders, system capacity limitations, or equipment modifications, upgrades, relocations, repairs, and similar activities necessary or appropriate for the proper operation of the Service. One is not responsible for service problems attributable to the Device. ONE MAKES NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR OTHERWISE, EITHER EXPRESS/OR IMPLIED, WITH RESPECT TO THE CELLULAR SERVICE.
2. USE OF SERVICE. Service is furnished for use by User only and not for resale. Orders for activating, changing or terminating service will be accepted by One only from the User. One shall have the right to change telephone number assignments from time to time by giving notice of the change to User. User has no proprietary rights to any telephone number. Each telephone number can appear in only one Device. User is responsible for ensuring that the Device is technically and operationally compatible with the cellular system and in conformance with rules and regulations of the Regulatory Authority of Bermuda. User agrees not to use his/her Device for any unlawful or abusive purpose or in such a way as to create damage, liability or risk to One, its employees, facilities or agents or to the public generally.
3. VOICE & TEXT. Users can top up their account at any time in any One retail store or at participating merchants island-wide. Any amount loaded onto an account is non-transferable and non-refundable. Airtime use will be calculated at the per-minute rate as indicated in the One Prepaid brochure. A total of $0.40 per day (or such amount as may be determined from time to time by the Government) for the Government License Fee will be deducted from your account. Your balance will be valid for 90 days from the date of your last top-up and any unused funds will expire after 90 days. If your account is inactive for more than 120 days, your account will be deactivated and you will lose your cell number. Other than calls to 911 or 611, a User can only make and receive calls when the account has a positive balance. Roaming is not currently available with One’s Prepaid Service.
4. DATA. You acknowledge and agree that your Data Access usage may vary depending on certain factors outside of One’s control. Such factors may include the amount of users on the service, network congestion, the distance to the serving cell site, the number of users served by your serving cell site, the management of backhaul at the serving cell site, any application(s) you are using for your data session, the screen size of your Wireless Device, the bit rate(s) of your data session, the type(s) and amount(s) of compression used by the computers or wireless devices involved in the data session, and any error(s) that might occur in the data session. Depending on your Rate Plan, your usage of Data Access may be metered by One. Your Rate Plan may include a Data Access usage limit, such as 1GB per service cycle. We shall determine in our sole discretion what data usage constitutes Data Access and reserve the right to alter, make additions to or deletions to what type of data usage, or protocols, constitute Data Access without notification to you. In order to assess your usage during an applicable service cycle, you may obtain approximate usage information by using one of our automated systems. Data Access charges are paid in advance and are non-refundable. You further acknowledge and agree that if you do not utilize your full allocation of Data Access during any service cycle that you will not be entitled to any refund in any form from One for any portion, pro-rated or otherwise, of your Data Access unused by you during a service cycle. Further, any unutilized Data Access usage limits in any service cycle will not roll over or otherwise be available in any other service cycle.
5. INDEMNITY. User shall indemnify One against all costs, expenses, claims and liabilities arising from User using his/her Device for any unlawful or abusive purpose or in such a way as to create damage, liability or risk to One, its employees, facilities or agents or to the public generally.
6. RATE CHANGES. One reserves the right to change rates for service at any time. One cannot predict, nor can it control the timing or size of increases in certain charges, including but not limited to charges for directory assistance, interconnection, and operator-assisted charges, which may be provided by the local telephone One or other carriers. ONE ASSUMES NO LIABILITY FOR FAILURE TO NOTIFY USERS OF CHANGES IN RATES FOR SERVICES PROVIDED BY OTHER CARRIERS, AND USER AGREES THAT IT WILL PAY ONE FOR ALL SUCH CHARGES INCURRED ON BEHALF OF USER.
7. OTHER FEES. One's service fees, as from time to time amended, form part of the Agreement. One reserves the right to alter such fees and will notify User of such a change by notice via the website. A full list of fees can be found on www.onecomm.bm/support/service-fees.
8. DEFAULT AND REMEDIES. User shall be in default of this Agreement if he/she fails to perform any of his/her obligations at the time and in the manner specified under the terms of this Agreement. In the event of default by User and in addition to any other remedies available to One under the terms of this Agreement and applicable law, ONE SHALL HAVE THE RIGHT TO DISCONTINUE SERVICE TO USER, WITHOUT NOTICE. In such event, any unused funds in your account will expire. In the event One agrees to restore suspended or disconnected Service to User, User shall pay a reconnection fee, in the amount of $20.00, or pay the amount then ordinarily charged by One, whichever is less.
9. PHONE THEFT/FRAUD. In the event User’s equipment is lost, stolen or otherwise absent from User’s possession or control or if User suspects that the cellular number is being used fraudulently by unauthorized third parties, User shall be liable for all usage, toll, data, long distance, and/ or roaming charges attributable to User’s cellular number until any such occurrence is reported to One. Thereafter User shall not use the assigned cellular number until One is notified that the equipment has been recovered by User.
10. CHOICE OF LAW. This Agreement shall be governed by applicable Bermuda law, regulation of the Bermuda Regulatory Authority and by any tariff filed by One.
11. USER CAPACITY. It is understood and agreed that User is of legal age (18) and has read and clearly understands all the terms of this Agreement. If signing on behalf of a corporation or other entity, User is fully authorized to sign on behalf of such entity.
12. ASSIGNMENT. One may assign in whole or in part its rights or duties under this Agreement, without notice to User and upon such Assignment, One shall be released from all liability hereunder. User may not assign this Agreement. This Agreement shall apply to, confer to, and be binding upon the heirs, successors, assigns and personal representatives of the parties.
13. SEVERABILITY AND WAIVER. Should any part or portion of this Agreement be found invalid, the balance of the provisions shall remain unaffected and shall be enforceable. One’s failure to demand strict performance of any provision shall not diminish One’s right to thereafter demand strict compliance with any provision.
14. LIMITS OF LIABILITY. Except as is specifically set out in these conditions of service, One shall have no liability under the terms of this agreement including incidental procedures for the operation thereof or for its negligence or otherwise:
a. For any failure in the provision of service,
b. For any indirect loss, loss of business, revenue, profit, expected savings, wasted expense, financial loss or loss or harm to date,
c. Whether caused by act of God, strikes, mistakes, or any other cause shall in no event exceed the amount of prorated monthly charges to subscriber for said Service during the affected period.
15. USER COPY. User acknowledges receipt of a copy of this Agreement. This agreement represents the final and entire agreement of One and User and replaces and supersedes all prior or contemporaneous agreements, representations, negotiations or contracts, verbal or written, between the parties hereto.
16. AMENDMENTS. Except as otherwise indicated in this Agreement, no amendment, modification, adjustment or change to the terms of this Agreement shall be binding upon either party unless made in writing and signed by both parties.
17. CUSTOMER NOTIFICATIONS. One will, from time to time, send the User via email or SMS, service or promotional notifications. If User wishes to opt out from receiving such information, the User must notify One via email to email@example.com.
18. INITIATING AND RESOLVING DISPUTES. Any claim relating to the terms of this Agreement and the use of device or service, must be referred to https://www.onecomm.bm/support/legal/complaint-procedures/
19. TERMS AND CONDITIONS. A copy of these terms and conditions can be found on https://www.onecomm.bm/support/legal/. Terms and Conditions and rates are subject to change.