WHEREAS by executing this Installment Agreement, the Subscriber agrees to be bound by the terms stated below.
IT IS HEREBY AGREED AS FOLLOWS:
1. SUPPLEMENTAL TO THE STANDARD SUBSCRIBER AGREEMENT. This Installment Agreement is supplemental to the Standard Subscriber Agreement (the “Standard Agreement”) currently in effect between the Subscriber and One for the provision by One of Services to the Subscriber. It is agreed that this Installment Agreement shall incorporate by reference the General Terms and Conditions applicable to the Standard Agreement as well as the terms applicable hereto. In the case of conflict, the terms of this Installment Agreement shall apply.
2. EXPIRY OF INSTALLMENT AGREEMENT. This Installment Agreement shall be effective as of the date stated above and shall remain in effect for the Installment Commitment Period, after which it shall expire. Upon expiry, One acknowledges that the Subscriber shall bear no further obligation in respect of the Penalty Price. Customer acknowledges and agrees that any Services provided by One following termination of this Agreement will remain subject to the terms and conditions of the Standard Agreement, including any fees or penalties applicable for termination of the Services.
3. EARLY WITHDRAWAL. In the event the Subscriber elects to withdraw from the Installment Plan or discontinue Services at any time during the Installment Commitment Period the Subscriber agrees to pay to One in a lump sum on demand the equivalent of all remaining Monthly Installment Payment Amounts due till the end of the Installment Commitment Period. If the Subscriber’s account is terminated by One in accordance with paragraph (8), referenced “Default and Remedies”, of the General Terms and Conditions of the Standard Agreement, the Subscriber will be charged the Penalty Price and agrees to pay this Price and all applicable fees under the Standard Agreement on demand to One. Such Penalty Price will be paid in lieu of any and all remaining Monthly Installment Payment Amounts due till the end of the Installment Commitment Period.
4. DEVICE UPGRADES. The Subscriber is permitted to upgrade to a new device at any time during the Installment Commitment Period if the Subscriber has paid as a minimum the total equivalent of eighteen (18) Monthly Installment Payment Amounts at the time of purchasing the new device either in the form of Monthly Installment Payment Amounts for the old device or the combination of Monthly Installment Payment Amounts plus a lump sum payment. Such new device may only be purchased either on a new Installment Plan or on a minimum 2 year service commitment contract as described by One’s Discounted Wireless Device Supplemental Agreement.
5. LOSS OR DAMAGE TO DEVICE. The Subscriber acknowledges that loss of, or damage to the device described above shall not affect and shall have no consequence in respect of the Subscribers obligations under this Installment Agreement or the Standard Agreement. Replacement devices purchased from One will be sold at the no-contract price in effect when the replacement device is purchased or the Subscriber can elect to purchase a replacement device as described under Device Upgrades above.
AGREEING TO BE LEGALLY BOUND, the Subscriber hereto has executed this Installment Agreement on the date first above written. This Installment Agreement and the Standard Agreement shall form the contractual relationship between the parties and together shall supersede any other prior agreement between One and the Subscriber. An electronic copy of the General Terms and Conditions of this agreement can be found at www.onecomm.bm.
IMPORTANT INFORMATION IN RESPECT OF YOUR NEW WIRELESS DEVICE
Your new wireless device has a 90 day warranty.
Should a manufacturer’s defect materialize in the product during the 90 day warranty period, One will exchange it with another wireless device of the same, or a similar, make and model (subject to availability). One agrees to replace any wireless accessory that that has a manufacturer’s defect within 30 days of purchase (subject to availability). In order to qualify for this warranty, you must submit to One the device as well as original contents and packaging that came with the product (i.e. box, instruction manual, charger, etc.) in exchange for a new device.
This warranty shall not cover, and One shall not be responsible for, loss of or damages to the wireless device including but not limited to those listed under “NOT COVERED UNDER THE WARRANTY” below or for repair charges incurred outside the warranty period or for any defects incurred during the 90 day period that are not covered under the warranty.
NOT COVERED UNDER THE WARRANTY
This warranty does not cover all defects or damage. In particular, this warranty does not cover the following:
1. Damage resulting from accident, neglect or improper use.
2. Damage from improper testing and/or operation, unauthorized maintenance and/or installation, adjustment, disassembling, or any
alteration or modification of any kind. NOTE: face plate changes void the warranty.
3. Damage to antennas caused by gnawing, cutting or scratching (workmanship or neglect).
4. Defects or damage occurring to devices whose serial numbers have been removed or made illegible.
5. Damage caused by food or liquid.
6. Damage (including scratching to plastic or metallic surfaces, and all other externally exposed parts) caused as the result of normal wear and tear.
CHARGING OF BATTERIES
Batteries should be charged following the procedure stated in the Manufacturer’s Instruction manual. Unless otherwise specified therein, batteries should be charged for approximately 2-3 hours when the battery indicator states that the existing charge level is “low”. Charging a battery overnight may damage the device, the battery, or both due to possible power surges. One is not responsible for batteries or devices that are damaged as a result of failure to observe the correct charging procedure detailed in the Manufacturer’s Instruction manual.