Terms of Service - Fixed and Wireless Services Effective 1 January 2019

Download the Terms of Service – Fixed and Wireless Services Effective 1 January 2019 below.

Terms of Service

NextOne Wireless Device Supplemental Agreement

Download the NextOne Wireless Device Supplemental Agreement below.

Agreement

Wireless Device Installment Agreement

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. Devices 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.

Notice

Important Information in Respect of Your New Wireless Device

Warranty

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.

Wireless Device Supplemental Agreement

Whereas by executing the Supplemental 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 Supplemental 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 Supplemental 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 Supplemental Agreement shall apply.
  2. Expiry of Supplemental Agreement: This Supplemental Agreement shall be effective as of the date stated above and shall remain in effect during the Minimum 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.
  3. Early Withdrawal: In the event the Subscriber elects to withdraw from the Services at any time during the Minimum Commitment Period or the Subscriber’s account is terminated by One in accordance with paragraph (8) of the General Terms and Conditions of the Standard Agreement, the Subscriber agrees to pay the Penalty Price to One on demand.
  4. Device Upgrades: The Subscriber is permitted to upgrade or replace their device mid way through the Commitment Period i.e. prior to the Expiry Date and purchase a new device at the discounted price but to do so must take up the Early Device Upgrade program, pay the applicable upgrade fee and enter into a new Commitment Period.
  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 Supplemental Agreement. Replacement devices purchased from One will be sold at the no-contract price unless the Early Device Upgrade option is taken up.

Agreeing to be legally bound, the Subscriber hereto has executed this Supplemental Agreement on the date first above written. This free/reduced wireless supplemental agreement supersedes all prior agreement written between One and the Subscriber. An electronic copy of the General Terms and Conditions of this agreement can be found on our website: www.onecomm.bm.

Notice

Important Information in Respect of Your New Wireless Device

Warranty

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). Please keep the original contents and packaging that came with the product (i.e. box, instruction manual, charger, etc.).

One shall not be responsible for loss of the wireless device 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.

One agrees to replace any wireless accessory that becomes defective within 30 days of purchase (subject to availability).

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 improper use, accident or neglect.
  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, 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.

Prepaid Terms and Conditions

Additional Terms of Service for Prepaid Wireless

These Additional Terms of Service for Prepaid Wireless are supplemental to the One Terms of Service between the customer (hereafter referred to as “User”) and Bermuda Digital Communications Ltd., doing business as One Communications or 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. Upon activation of One’s Prepaid Service, the User agrees to the Additional Terms and Conditions for Prepaid Wireless set out below in addition to the One Terms of Service available at www.onecomm.bm.

  1. Voice & Text: Users can top up their account at any time via our website, our App, the 700-7000 IVR and kiosks, 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 on the One website at Prepaid Plans. 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.
  2. Data: Your Prepaid Data Plan may include a Data Access usage limit. One shall determine in its 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.

Additional Terms of Service for OneHome WiFi Service

  1. The OneHome WiFi Service is a One related service subject to the One Terms of Service available at www.onecomm.bm and these Additional Terms of Service for the OneHome WiFi Service. A Customer subscribing to the OneHome WiFi Service must be a current subscriber to the One FibreWire internet service.
  2. All equipment provided to the Customer for the OneHome WiFi Service (“One Equipment”) is owned by One, even while it is rented to the Customer. The Customer’s responsibilities for use/receipt of the OneHome WiFi Service and One Equipment are set out in the One Terms of Service.
  3. The OneHome WiFi Service is provided and the One Equipment is rented to the Customer as described on One Communications Ltd. website (www.onecomm.bm) at the monthly price on the One Communications Ltd. website as at the time the Customer orders the OneHome WiFi Service.
  4. If the OneHome WiFi Service is terminated pursuant to the One Terms of Service the Customer must return all One Equipment to One in good working condition.
  5. If the One Equipment is lost, stolen, unreturned or damaged, One is entitled to charge the Customer a replacement fee of $120 per Eero Gateway (main unit) or beacon that is lost, stolen, unreturned or damaged.

Additional Terms of Service for One On Demand Service

  1. The One On Demand service is subject to the One Terms of Service available at www.onecomm.bm and these Additional Terms for One On Demand service (“Additional Terms”).
  2. You understand and agree that the content you receive through the One On Demand service such as movies, images, artwork and other copyrightable materials (the “Content”) is licensed by One from content providers (“Content Providers”). The Content you receive through the One On Demand service, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Content Providers and Content Providers’ licensors do not transfer any title, right or interest to or in the Content to you.
  3. Content delivered to you through the service is licensed to you and is not sold, transferred or assigned to you. The Content may only be transmitted to approved devices. Before you receive any Content, you should carefully read these Additional Terms. Before you obtain a playback license to view any Content you should accept these Additional Terms. By obtaining a playback license to view any Content you will be deemed to have accepted these Additional Terms. If you do not accept these Additional Terms, you should not obtain a playback license or view the Content.
  4. One grants you, a non-exclusive and non-assignable playback license to view the Content, for an unlimited number of times during a period of twenty-four (24), forty-eight (48) or seventy-two (72) consecutive hours per transaction, as determined by us, on certain approved devices for personal, non-commercial purposes. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved by Content Providers, Content Providers’ licensors and the copyright holder(s), and any other use is strictly prohibited. You may access the Content on up to the number of approved personal electronic devices that we authorize for the subject Content, and you are allowed up to the number of simultaneous streams of the same Content that we authorize for the approved personal electronic devices, provided, in all cases they are linked only to your service account.
  5. You understand and acknowledge that your rights with respect to Content are limited by copyright law.
  6. You may not redistribute, sell, rent, lease, transfer, reverse engineer or sublicense the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology associated with the Content.
  7. You may not access Content outside of Bermuda, except to view certain Content that you have temporarily downloaded in Bermuda to your approved personal electronic device and only until the end of the authorized viewing period for that Content, following your initial order of that Content (i.e., 24, 48 or 72 consecutive hours) (this exception applies only to that Content which we have made available to you for temporary download and viewing outside Bermuda).
  8. The Content is provided “AS IS”. Content Providers and Content Providers’ licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Content Providers and Content Providers’ licensors do not warrant or otherwise state that the Content will meet your requirements.
  9. Under no circumstances, including but not limited to negligence by Content Providers, shall Content Providers or Content Providers’ licensors be liable to you for any damages, including any indirect, special, incidental, punitive or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, the One On Demand service or the Content, even if the Content Providers, or Content Providers’ licensors have been advised of the possibility of such damages.
  10. Either party may terminate the One On Demand service at any time upon applicable notice to the other party pursuant to the One Terms of Service.

Acceptable Use Policies

Fixed Services

This Acceptable Use Policy specifies the actions prohibited by One to users of the Network. One reserves the right to modify the policy at any time.

One’s Acceptable Use Policy (“Policy”) is set forth below. The Policy applies to all users of the Network, including Customers and their End Users. One may suspend or terminate service, and remove Customers’ Content from the Web Site, for any violation of this Policy, including violations involving single or repeat violations of the prohibition on copyright infringement set forth in the paragraph titled “Illegal Use”.

Illegal Use

The Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, related to gambling, constitutes an illegal threat, or violates export control laws.

The Customer agrees that it is solely responsible for its and its End-Users, Content, data, graphics, messages transmitted, or other materials and/or services used on the Web Site. The Customer is entirely responsible for all information whether publicly posted or privately transmitted using One’s services and the Customer assume all responsibility for any consequences thereof related to it, or its End-Users, actions using One’s services. One does not control the information posted or transmitted by users of its services and thus cannot guarantee the quality or accuracy of such information. One under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. The Customer agrees to use the Web Site only to post materials that are legal. By way of example, and not as a limitation, the Customer agrees that when using One’s Web Site, the Customer, nor its End-Users, will not:

  • Harm children in any way;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
  • Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
  • Post any material that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
  • Post or transmit spam, “chain letters,” “junk mail,” promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
  • Restrict or inhibit any other user from using and enjoying the use of the Web Site and its services;
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Collect or store personal data about other users;
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images;
  • Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the services, servers, or network infrastructure;
  • Encourage, glorify or commit conduct which is likely to give rise to criminal or civil liability;
  • Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever; and
  • Engage in conduct that is in contempt of any legal proceedings.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. One will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring of data or traffic on any network or system of the without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express written permission of the site owner.

One requests that anyone who believes that there is a violation of this policy to direct the information to the Abuse Department at info@onecomm.bm.

Data Services: Permitted Uses

You can use our Data Services for accessing the Internet and for such things as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP).

Data Services: Prohibited Uses

You may not use our Data Services for illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that interferes with other users’ service; that violates trade and economic sanctions and prohibitions of Bermuda and applicable international law; that interferes with the network’s ability to fairly allocate capacity among users or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ii) below) or otherwise degrade network capacity or functionality; (ii) “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or email use by others; (iii) generating “spam” or unsolicited commercial or bulk email (or activities that facilitate the dissemination of such email); (iv) any activity that adversely affects the ability of other users or systems to use either One services or the Internet-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (v) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, One or another entity’s network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions, unless they adhere to One requirements for such usage, which may be changed from time to time.

We further reserve the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Data Plans or Features in a manner that adversely impacts our network. We may monitor your compliance, or other subscribers’ compliance, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.

 

Wireless Fair Usage Policy

One strives to provide customers the best experience when using our network, a shared resource among our customers. To help achieve this, if you use an extraordinary amount of wireless data we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the One network is designed to ensure that the vast majority of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

One Postpaid Smartphone Plans provide for varying levels of data usage. In the interest of maintaining an acceptable quality of service for all customers, One retains the right to reduce network throughput speeds to a maximum of 160kbps if they exceed 7GB of data usage within a billing cycle month. If a customer then exceeds 10GB of data usage within a billing cycle month, One retains the right to further reduce network throughput speeds to a maximum of 32kbps. Data speeds will return to normal once the following billing cycle commences. Customers who repeatedly exceed usage thresholds during multiple billing periods, may in One’s sole discretion, have their service temporarily suspended, permanently disconnected or changed to another data plan, without prior notice.

One Unlimited BB Plans (Postpaid and Prepaid, Full and Social) are only available on Blackberry devices with operating system versions of 7 or less. With Postpaid plans, One retains the right to proactively manage customers throughput speeds if they exceed 1 GB of data usage within a billing cycle month. For Prepaid plans, One reserves the right to modify service, including temporary suspension or permanent disconnection in the event a customer disregards warnings for repeated excessive usage.

One Home Automation and Security Terms of Service

Download the One Home Automation and Security Terms of Service, effective 16 February 2021.

Terms of Service