Terms And Conditions

Digicel Fourth Generation (4G) Data Plans Service – Terms & Conditions

1. Agreement
These terms and conditions shall govern the relationship between Digicel (Trinidad & Tobago) Limited (hereinafter referred to as “we”, “us”, “our” and “the Company”) and the customer (hereinafter referred to as “you”, “your” “the Customer”) subscribed to a Digicel Fourth Generation (4G) Dongle/MiFi Data Plan (hereinafter collectively referred to as “the Data Plan”) and shall constitute legal and binding obligations on the parties once the Customer subscribed to a Data Plan at a Partner Dealer Store or through Digicel’s 4G Self Care service. These Data Plan terms and conditions are supplementary to the Digicel prepaid or post-paid Terms and Conditions (“the Agreement”) (whichever is applicable) and for the purposes of these terms and conditions the Data Plan shall be deemed to be part of the Service under the Agreement. Where any conflict arises between these terms and conditions and the Agreement with respect to the Data Plan these terms and conditions shall prevail. We reserve the right to amend or unilaterally change the Data Plan and/or these terms and conditions subject to notifying you of such amendments by way of advertisement in the national media, SMS/text messaging and/or our website. If the Data Plan is used after such notice, then the amendment shall be deemed to have been accepted by you. These terms and conditions are governed by the Laws of Trinidad and Tobago.

2. Service Description
4G Data Plans allows you to access high-speed internet using fourth generation technology from your 4G capable device. 4G Data Plans allow data uploads and downloads and allows you to access the World Wide Web at 4G speeds anywhere a 4G signal can be received.

3. Subscriptions

i. If you wish to subscribe to the eighteen (18) month Data Plan you can visit a Digicel Partner Dealer Store to activate the Data Plan of your choice. The Data Plan will automatically be activated once you have met our relevant criteria, subject to verification by Digicel’s Customer Care and/or the Partner Dealer.

ii. If you are a Digicel prepaid customer you may subscribe to a Data Plan on Digicel’s 4G Self Care Portal found on https://selfcare.digiceltt.com/loginForm.do or through My Digicel App from your handset.iii. if you are a postpaid customer you must ensure that you have sufficient credit in your account to cover the related tariffs; and iv. if you are a current postpaid customer your account must be in good standing and must have an unexpired credit limit sufficient to cover the tariff;

v. You may during an on-going Service Period of a Standard 4G data plan add a Data Refill to their existing 4G data plan by visiting the 4G Self Care Portal or through the My Digicel App on your handset.

vi. If you have exceeded the allotted bundle size of the Data Plan to which you are subscribed, you will be charged a rate of Fifty 950) cents (VAT exclusive) for each additional megabyte (MB) of data used outside the relevant Data Plan during the Service Period (“the Out of Bundle Rate”).

4. Tariffs

• The relevant tariff for the Data Plan (“the Tariffs”) will be deducted from your prepaid account balance or charged to your postpaid account when you subscribe to the Data Plan of choice.If there is an insufficient credit balance on your prepaid account, or where a your postpaid account is not in good standing or where the unexpired credit limit on your postpaid account is insufficient to cover the Tariff then the Data Plan will not be activated.

• Digicel hereby reserves the right to alter these Tariffs and will notify you of such a change by notice in writing via advertisement in the national media, SMS text messaging and/or via our website. All prices quoted are VAT Exclusive

5. Service Period

• The Data Plan will be valid for use throughout the selected service period from the time of subscription by you, subject to the terms and conditions set out herein (“the Service Period”).

• All Data Plans, shall automatically renew at the end of the Service Period. You must have sufficient credit balance on your prepaid account to cover the renewal subscription at the end of the current Service Period, in order for the automatic renewal subscription to take effect.

• You will receive one (1) SMS/text message within the last forty-eight (48) hours preceding the expiration time for the Data Plan reminding you of the expiration date and providing instructions on how you may cancel your subscription to the Data Plan.

• You will also receive one (1) SMS/text message twenty-four (24) hours preceding the expiration time for the Data Plan reminding you of the expiration date and providing instructions on how you may cancel your subscription to the Data Plan.

• If you are subscribed to an eighteen (18) month contract you will not receive the SMS/text messages described herein as your Data Plan will be automatically provisioned for the duration of the eighteen (18) month period.

• If you have added a Data Refills at any time during the Service Period your Data Refill shall expire at the end of the current Service Period of the primary Data Plan. For the avoidance of doubt all Data Refills shall only remain valid for the existing Service Period of the current primary Data Plan.

6. Postpaid Minimum Service Period
By signing the postpaid Mobile Services Agreement, you have agreed to a minimum service period of eighteen (18) calendar months from the date on the Mobile Services Agreement (“the Minimum Service Period”). Should you terminate the Data Plan during an active Minimum Service Period, you shall be liable to pay to Digicel the subscription fees that would have been payable for the remainder of the Minimum Service Period.

7. Data Plan Changes

• You may, during an existing Service Period or at the expiration of an existing Service Period change your existing Data Plan by subscribing to a Data Plan that is of a different bundle size and tariff from your existing Data Plan.

• If you are subscribed to an eighteen (18) month plan described you must contact Digicel’s Customer Care to request a downgrade or upgrade of your existing Data Plan. Once approved such plan changes shall take effect on the expiration of the Service Period of your existing Data Plan.

• When a Data Plan is changed during an existing Service Period, any data from the existing Data Plan that is not used at the time of the upgrade or downgrade shall roll over to the new Data Plan.

8. Data Usage

• If you have data remaining at the end of the Service Period the data shall not roll over or accumulate for usage after expiry of same.

9. Approximate Data Usage

• • You can, at any time during the Service Period, check your approximate data usage by visiting the My 4G Self Care Service https://selfcare.digiceltt.com/loginForm.do or through the My Digicel App on your handset.

10. Roaming

• Digicel’s Data Roaming rates as amended from time to time, will apply when you are roaming. For further details on Digicel’s roaming rates visit http://www.digiceltt.com/en/roaming/roaming-rates. For the avoidance of doubt, the tariffs for the Data Plan only include usage in Trinidad & Tobago.

11. Availabilty of Service

• Digicel does not guarantee the availability of the Service. The availability of the Service is subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Service and features are only available in select Digicel service areas. While outside of a select Digicel 4Gservice area, you shall seamlessly transition to 2G (EDGE) coverage within Trinidad and Tobago. Use of the Service when roaming is dependent upon the Digicel roaming partner’s support of applicable network technology and functionality. You may receive unsolicited text messages from third parties as a result of visiting internet sites and a per message charge may apply whether the text message is read or unread, solicited or unsolicited.

• The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, transmission or correct sequencing of any information or downloaded data is not guaranteed by Digicel.

• All download speeds experienced depend on device characteristics, network availability and coverage levels, tasks, file characteristics and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and other capacity constraints.