These Terms of Service (or, “TOS”) are part of the Contract (defined below) between you and Logic Communications Ltd. (formerly Bermuda Cablevision Limited) (doing business under the trade names “One Communications Ltd.” and “One”) (hereafter referred to as “One”).
These TOS incorporate any additional terms contained in any paper or online order form for any Service(s), as well as any brochure, user guides, and any other materials incorporated by reference (such as One’s Acceptable Use Policy) (“Orders/Materials”). If there is any inconsistency between the TOS and any Orders/Materials, the TOS will prevail. The Orders/Materials and the TOS are, together, the “Contract”.
1. How do I accept the Contract with One and when does the Contract commence? The Contract commences and becomes effective on the date that you accept the TOS (see Section 2) (“Commencement Date”). You can accept the Contract (i.e. the TOS and the Orders/Materials) (i) by signing these TOS, (ii) by clicking “I AGREE” at the end of the TOS online; or (iii) use of the Services for 60 days will be deemed acceptance of these TOS effective on the date the Services were first used. By accepting the Contract, you are also agreeing to the terms and conditions contained in any Orders/Materials.
Who can make changes to the Contract and how? Only One can make changes to the Contract, but (depending on your Service and the plan details) you may be able to add or remove certain features. One may change the Contract after any Fixed Service Period by giving you at least 30 days advance notice of the change via mail, fax, e-mail or made available electronically. You will be bound by revised versions of this Contract that we send to you. Your continued use of a Service will be your acceptance of such change(s).
SERVICES COVERED; UPGRADES
2. What is covered by the Contract? Your use and receipt, of the One Internet, phone, local and long distance voice, and television services that you order, as well as any related services (“Services”) and any additional equipment supplied by One (“One Equipment”) (e.g. receivers, modems, etc.). For a list of related services, see www.One.bm. Your Equipment (defined in Section 20) is also covered.
3. What does One promise regarding the Services? One agrees to provide the Services to you, subject to the terms of this Contract.
· Blocked Content. One reserves the right to block content on the Services, including (without limitation) content that One’s providers require One to block and content for which One does not hold transmission rights.
· Are there any specific terms regarding television services? Yes. The channels made available to you as of the Commencement Date are set-out in your Order. Details regarding packages are available at www.One .bm. You acknowledge and agree that the channels and/or programming provided as part of the Services may change (including, being suspended, blacked-out, or cancelled permanently) from time to time without notice. In addition, One may substitute alternative programming and/or channels to replace changed programming/channels. One will use reasonable efforts to provide you with reasonable notice of such cancellations. The TV Services may also include video on demand and pay per view programming, interactive programming and related personal video services.
TERM, AUTO-RENEWAL, TERMINATION & SUSPENSION
4. How long is my Contract with One? How does it renew? Services are provided to you on an ongoing monthly basis (“Month-to-Month Service Period”), unless when you order the Services you and One agree to a minimum contract period (“Fixed Service Period”) for any Service(s). The term of any Service will begin on the Commencement Date, and will expire at the end of the first Month-to-Month Service Period or the Fixed Service Period, as applicable (“Initial Service Period”). Upon expiration of an Initial Service Period, the Service will continue on a Month-to-Month Service Period at One’s then-applicable rates unless you cancel the applicable Service or unless One or you terminate this Contract.
5. How does the Contract or any Service get terminated? You can terminate the Contract by e-mailing support@One.bm if Services are not connected by One within 15 days of your order form date, and the delay was solely the fault of One. After the Initial Service Period, you can terminate the Contract by giving One at least 30 days written notice by e-mailing support@One.bm.
6. Are there fees for terminating early? Yes. You must pay an early termination fee for any Service(s) you terminate prior to the end of any Fixed Service Period. The fees are equal to 50% of the total monthly charges for each early terminated Service, multiplied by the number of months left in the Fixed Service Period.
7. Can One disconnect/suspend or terminate my Service(s)? One may terminate or immediately suspend or disconnect any Service(s) for any of the following reasons: failure to pay any amounts due, material breach of this Contract, or direction from a lawful authority.
What are the parties’ rights and responsibilities after suspension or termination? All outstanding amounts for the affected Service(s) and Equipment will become immediately due and payable. The parties will provide each other with all assistance reasonably necessary in order to terminate their relationship.
8. Does any part of this Contract continue after termination or suspension of the Services? Yes. The following sections will continue to survive and remain in effect: Sections 9, 10, 11, 15, and 18 through 31. All accrued obligations and rights of the parties will also survive.
FEES, PAYMENTS, & PENALTIES
9. How does One invoice me? When are payments due? Invoicing starts when any Service first becomes available for your use/receipt. For recurring charges, invoices will be monthly in arrears. For non-recurring charges, invoices will be monthly in advance, except that certain non-routine non-recurring charges (e.g. time and materials fees) will be invoiced monthly in arrears. You must pay all amounts due by the due date stated on the invoice (“Due Date”).
10. What Fees do I have to pay? The following “Fees”: fees for Equipment; one-time fees to install or set-up Services; monthly fees for the Services; overage fees for connect time or volumes over and above any minimums included in the Service; disconnection fees; fees on a time and materials basis to fix faults or repairs due to any cause other than One’s misconduct or fair wear and tear; and, fees on a time and materials basis or One's minimum call-out charge, if One is called out and no fault is found on the One Equipment.
You will be charged the price(s) set-out on your most recent order form(s) for the relevant Service(s). However, the fees for disconnection depend on the circumstances surrounding such disconnection. Please inquire as to the applicable disconnection fees by e-mailing One at support@One.bm.
11. What penalties and consequences apply for late payment? If One doesn’t receive your payment by the Due Date, you will be charged either an amount of $10 per month or monthly interest of 1.5% (depending on the Service) of the outstanding balance. If payment is rejected, then you must pay additional charges and One may continue your Services only on a pre-paid basis or impose a reasonable credit limit for any usage charges. One may suspend your Services if the credit limit is exceeded.
NOTE FOR ONLINE PAYMENTS: Payments made online take at least 2 clear business days to register on Customer's account.
12. What information do you need to provide prior to Service activation? You will be asked to provide a valid credit/debit card ("Card") number.
13. Do I have to keep my credit/debit information current? Yes. You must provide One with updated Card information upon request and any time the information previously provided is no longer valid. All invoices will be sent to the address on file at the time.
14. Can One require a credit reference or a security deposit? Yes. One may require credit references and/or a security deposit prior to activation of any Service.
15. What charges do you have to pre-authorize? You authorize One to charge and place a hold on the Card for any unpaid charges for Service and any related Equipment. You also authorize the payment of all amounts owed, without requiring a signed receipt. One has no liability for non-sufficient funds or other charges incurred in charging or placing holds on your Card.
INQUIRIES, COMPLAINTS & DISPUTES
16. How do I make inquiries regarding Services? Contact One via support@One.bm, including to obtain up-to-date information regarding delivery, installation and activation
How do I initiate a complaint?How do disputes get resolved? If you question or dispute any amount invoiced to you, you must do so within 45 days of the invoice date by e-mailing support@One.bm. One will investigate any disputes promptly and notify you of the findings.
ONE’S WARRANTIES - SERVICE AND ONE EQUIPMENT
17. What does One warrant? One warrants that it will provide the Service with the reasonable skill and care of a competent telecommunications service provider. One also warrants that Equipment sold by One to you, under this Contract, for outright ownership by you, will function substantially in accordance with any documentation provided by One with such Equipment, for a period of 90 days from the purchase date. If the Services or Equipment do not conform to this warranty, then One will use commercially reasonable efforts to promptly correct the non-conformance or provide you with an alternative means of accomplishing the desired performance. This remedy is your only remedy for breach of this Section.
18. What does One NOT warrant? ONE DOES NOT PROVIDE ANY OTHER WARRANTY REGARDING ANY SERVICE OR THE EQUIPMENT, WHETHER EXPRESS OR IMPLIED, AND ALL SERVICES AND EQUIPMENT ARE PROVIDED “AS IS”. IN ADDITION, One does not warrant or guarantee that its Services OR EQUIPMENT will be compatible with YOUR equipment.
CUSTOMER RESPONSIBILITIES – SERVICES, ONE EQUIPMENT, AND INSTALLATION
19. Who is responsible for use/receipt of the Services and Equipment? You are responsible for your use and receipt of the Services, any equipment and systems you own (“Your Equipment”), and any One Equipment you use with the Services (together, “Equipment”). Risk of loss or damage to Equipment, no matter the cause, passes to you upon delivery and remains with you until the One Equipment is returned to One in good working order
20. Who owns the One Equipment? One, even while it is rented or loaned to you.
21. What rights do you give One, and what are your responsibilities, regarding installation and removal of One Equipment? You authorize One to use any Equipment to install, connect, disconnect, inspect, alter, or remove the Service(s) or Equipment in a location or locations requested by you, including your premises. You will provide One sufficient, free and safe access to your premises and all Equipment.
22. What are your responsibilities for use/receipt of the Services and Equipment? You promise, and you represent and warrant, to One that you are at least 18 years of age and that you will:
· use the Services and Equipment in accordance with One’s Acceptable Use policy, available at www.One.bm/legal/acceptable-use
· maintain and return the Equipment in good working condition, following manufacturer’s recommendations;
· promptly pay One for any lost, stolen, unreturned or damaged One Equipment;
· use the Services and Equipment in line with this Contract and for lawful purposes only; and
· only use the Services and Equipment for your personal or home usage and not make them available to, or for the benefit of, any unauthorized person or third party.
23. What risks do you take on regarding your use/receipt of the Services and Equipment? By using the Services and/or Equipment, you take on the following risks:
· failures, malfunctions or deterioration of Equipment; and
· improper, unlawful and/or unauthorised use of the Services and/or Equipment that may result in the theft of electronic data.
24. Under what circumstances do I have to make One whole? You agree to indemnify, defend and hold harmless One from any and all claims, demands, actions, costs, costs, expenses, damages and liabilities (including reasonable legal fees and expenses) (“Claims”) that arise in any way from your use and/or receipt of the Services and/or Equipment, including but not limited to Claims of slander and intellectual property infringement. Your obligation under this Section extends to One and its affiliated companies, and their shareholders, directors, officers, employees, agents, and contractors.
25. How is One’s liability limited? One is not responsible for any damages suffered in connection with this Contract by you or anyone, including damages that are direct, indirect, consequential, incidental, economic, exemplary or punitive. These include, but aren’t limited to, damages such as loss of business opportunity or loss of data. It does not matter whether the damages are based on negligence, breach of contract, fraudulent use, hacking of One’s services, or any other reason. Without limiting Sections 25 or 26, if One were in any event found liable for a claim regarding this Contract, One’s liability is limited to the maximum aggregate of Fees paid by you during the calendar month immediately preceding the date the claim first arose.
26. Are there circumstances where One doesn’t have liability? In addition to the circumstances described in Section 25, One is not responsible for any loss, liability, damage, expense or claim for any failure of the Service(s) or Equipment, or for performance by One of any obligations related to the Service(s) and/or Equipment, due to any cause beyond its reasonable control (e.g. acts of war, terrorism, civil unrest, sabotage, labour difficulties, natural disasters, power outage, flood, embargo, unavoidable catastrophe, explosion, act or omission of a governmental authority, or act or omissions of a service provider).
27. What laws apply to the Contract? The laws of Bermuda govern.
28. Can you and/or One transfer this Contract? You may not transfer or assign this Contract, your account, the Services or the One Equipment without One’s prior written consent. One may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without notice or consent.
29. What if parts of this Contract become unenforceable or One does not enforce a right? If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply. Remember that even if One decides not to enforce any part of this Contract for any period of time, the term still remains valid and One can enforce it in the future.
30. How can the parties notify each other? Any other notice or communication required to be given or served under this Agreement must be in writing and delivered or sent by mail, e-mail, fax, or courier service, as follows:
· if from One to you, to the address designated by you on your order form, as may be updated from time to time
· if from you to One, by email to support@One.bm.
31. How can I remove my contact information from One’s marketing contact list and/or stop One from calling me for marketing purposes? You can request removal from One’s marketing contact list for phone calls, text messages and emails by emailing support@One.bm. If you are contacted by telephone by One for marketing purposes you can request to have your telephone number placed on a do-not-call register for marketing purposes.