Pay Monthly Mobile (Available only to current customers as at
31 May 2007)
The C&W Guernsey GSM Pay Monthly service provides a GSM
mobile service based on monthly payments. There is a monthly
access charge, paid in advance with call charges paid monthly in
arrears, normally by Direct Debit.
C&W Guernsey offers various tariff options, details of which
are available from http://www.surecw.com/. The Service
enables You to make voice calls, send text and picture messages and
use the Internet, when You are in the Channel Islands, and also
abroad.
SECTION 1 – Service Specific Terms and Conditions
These C&W Service Specific Terms and Conditions
should be read in conjunction with the C&WGuernsey General
Terms and Conditions. Where there is conflict these Service
Specific Terms and Conditions supersede the General Terms and
Conditions.
1. Definition and Interpretation
The C&W General Terms and Conditions include definitions.
These definitions are in addition:
"Acceptable Use Policy" refers to a separate
C&W document showing the rules and etiquette governing Our
customers in their use of the Internet
"Content" means data, information, software,
photographs, video, graphics, music, sound and any other material
appearing on or available through the provision of the Service to
You including, without limitation, news, travel, sport and share
price information supplied by Us or by other content providers from
time to time and which is received by You through the use of the
Service
"Data Card" means a PCMCIA GPRS Modem
manufactured by a third party supplier that, when used in
conjunction with a laptop or similar PCMCIA compatible device,
enables access to the Internet over GPRS/EDGE
"Directory Enquiry Service" means any directory
information service, which is operator assisted and involves the
operator looking up entries on a database
"EDGE" means Enhanced Data rates for Global
Evolution. It is an enhancement to the GPRS network that
provides data transmission up to 170 Kbps
"GPRS"means the standard for wireless
communications, which runs at speeds up to 115 kbps known as
General Packet Radio Service
"GSM"means the digital mobile system known as
Global System for Mobile Communications
"Inclusive Minutes" or "Anytime
Minutes" or "Inclusive Texts" or
"Anytime Texts" or "Inclusive Picture
Messages" or "Inclusive Data" means the
free minutes for Calls, free texts, picture messages or data
included within the monthly subscription charge for certain Pay
Monthly service options and can be used at any time of day for
Calls, texts, picture messages or data (as applicable) made within
the Bailiwick of Guernsey
"Internet" means the global information system
consisting of a large number of interconnected computer networks
that communicate though the use of TCP/IP network protocols;
commonly referred to as the World Wide Web
"Laptop" means a portable personal computer or
other access device that You may use to access Our GPRS/EDGE
Telecommunications Network
"Mobile Email" means email collected and sent
using Our GPRS network. Any mail server to which You
subscribe can be accessed as long as it provides POP and SMTP
access
"Mobile Phone Equipment" means a handset and a
SIM card when using GSM and other associated equipment
"Month" means the period between the production
of one periodic bill, usually around the 28th day of each calendar
month, and the production of the next periodic bill
"Multi-media Messaging Service" "MMS" means a
descendant of SMS (Short Messaging Service) which extends text
messaging to include longer text, graphics, photos, audio clips,
video clips or any combination of such within certain size
limits
"PIN" means the Personal Identity Number
assigned to the SIM Card. When enabled, the PIN is required
in order to connect to Our GPRS/EDGE Network using Your SIM
Card. When disabled You can use Your SIM Card without
entering a PIN. The PIN is disabled by default
"Service Delivery Date" means the date on which
We make Service ready for use
“Shortcode SMS” means the method used by You to
access the premium rate service of a third party content
provider. You can send an SMS to a 5 digit number (the
“Shortcode”) beginning with the number ‘5, 6, 7 or
8’. The length of the Shortcode and the starting digit may
change from time to time.
"SIM Card" means the Subscriber Identity Module
containing data (including Your identity), which has been supplied
to You by Us
"Telephone Directory" means a telephone
directory published from time to time
"Usage Limit" means the limit every month of
Inclusive Minutes, Anytime Minutes, Inclusive Texts, Anytime Texts,
Inclusive Picture Messages or Inclusive Data that applies to Your
Service
2. Provision of Service
2.1
If You want Us to provide Your name, address and Service Number for
publication in a Telephone Directory and make the Service Number
available from a Directory Enquiry Service provided by a third
party You should complete a directory entry form. You must
pay an additional charge, as set out in Our Price List for any
additional or special entries that We agree to provide to You in
Our Telephone Directory.
2.2
You must provide true, accurate, current and complete information
when registering and notify Us immediately of any changes or
mistakes in such information.
2.3
You must have a suitable Data Card or handset in order to access
certain Services. Not all Data Cards or handsets are suitable
for use on the GPRS/EDGE network.
2.4
You must have a compatible Laptop or similar compatible device in
order to access certain GPRS/EDGE Services. Not all Laptops
can support access to the GPRS/EDGE Service.
2.5
We will not accept any responsibility for failure to provide You
with the Service if Your handset is not compatible with the
GPRS/EDGE network, or any future technology required for a specific
service, regardless of whether that handset was purchased directly
from Us or from any other handset supplier.
2.6
We will be able to provide You with details of the technical
requirements and specifications that Your handset will need in
order for You to be able to use it with the Services.
2.7
The Service is available throughout the Bailiwick of Guernsey.
2.8
The Monthly Subscription charge applies to usage within the
Bailiwick of Guernsey.
2.9
Access to the GPRS/EDGE Service outside the Bailiwick of Guernsey
is only available where We have put in place appropriate roaming
agreements with other telecommunications service providers. The
locations in which You can use the data Services are set out at
www.cwguernsey.com Additional charges will be incurred when using
the data Services outside the Bailiwick of Guernsey. These
additional charges will be added to Your monthly bill and are
available at www.cwguernsey.com
2.10 We have no
control of the content or appearance of any Internet sites that You
may choose to access using the data Services. You are free to
access these sites but We accept no responsibility for their
content or quality of service.
3. Use of Service
3.1
You have no right to sell or transfer the Service Number.
3.2
The C&W Acceptable Use Policy applies to the use of the data
Service for access to the Internet. The Acceptable Use Policy
is available on the C&W website at
www.cwguernsey.com
3.3
You acknowledge that Your monthly subscription will only cover
usage per month of up to the Usage Limit. Any additional
usage will be subject to charging at the applicable rate.
4. Payment
4.1
Rental for the Service will start on the Service Delivery Date,
unless:
4.1.1 We notify You of
a later date for the start of Service when rental will be payable
from; or
4.1.2 You use the
Service before the Service Delivery Date, in which case rental will
be payable from the date You first use the Service.
4.2
Rental is normally payable in advance but We may bill You in
arrears. Except for temporary Service, You must pay rental in
accordance with Our billing cycle. We will apportion rental
on a daily basis for incomplete billing periods.
4.3
Call charges will be calculated, except where We otherwise
determine, using the details recorded at Our telephone exchange or
provided to Us by an Other Licensed Operator.
4.4
The call duration shall be the duration of the establishment of the
means of communication.
4.5
Payment of additional charges that You may incur whilst using the
Internet including the purchase of certain goods or other Services
are not included in the monthly rental unless otherwise explicitly
stated.
5. Termination
5.1
We may terminate this Agreement by giving You at least one months
notice. If We give You notice then You must pay rental and
any other applicable charges up to the expiry of the notice
period. We will credit or refund the appropriate proportion
of any rental paid in advance for the period after Your liability
for rental ceases. If You have been suspended from service due to
non-payment of accounts We will automatically terminate the Service
after one month should payment still be outstanding
5.2
You may by giving notice to Us at least one month before the expiry
date of the Initial Term of Service, terminate this Agreement on
the expiry date. If You terminate this Agreement during the
Initial Term of Service You shall be liable for any outstanding
charges at the applicable rate. Outstanding rental charges
shall not be payable:
5.2.1 if the Service
is replaced with another Service from Us that We deem to be
comparable; or
5.2.2 if We materially
change the rental charge or terms and conditions of this Agreement
to Your detriment.
5.3
Your notice does not avoid any other liability for Service already
provided.
6. Mobile Phone Equipment
6.1
Your Mobile Phone Equipment must only be used with Our Service as
directed under The Telecommunications (Bailiwick of Guernsey) Law
2001 and in a way that meets all relevant standards and
instructions applicable to You. If Your Mobile Phone
Equipment does not comply with the above then You must disconnect
it immediately or allow Us to do so at Your expense.
7. Charges
7.1
You will be charged for the Service at the rates applicable as
published at www.cwguernsey.com
7.2
Additional charges may be incurred by You if You exceed the Usage
Limit. Any unused Inclusive Minutes, Anytime Minutes,
Inclusive Texts, Anytime Texts, Inclusive Picture Messages or
Inclusive Data at the end of a Month will not be carried over to
the next Month. If Your Pay Monthly service option includes
Inclusive Minutes, Anytime Minutes, Inclusive Texts, Anytime Texts,
Inclusive Picture Messages or Inclusive Data they will be added to
Your account at the start of each Month.
7.3
We reserve the right to vary any of the charges that apply to the
provision of the Service at any time but will give You a minimum
period of 21 days notice of the same in accordance with the
Variation clause in the C&W General Terms and Conditions, and
such revised charge will be applied for the next billing period
following the expiry of the 21 day period.
8. Restrictions on Use
8.1
We may from time to time give You instructions about the use of
Service that We reasonably believe are in the interests of health,
safety or quality of service to You or other customers and You will
comply with all such reasonable instructions.
8.2
The Service may only be used in accordance with the
Telecommunications (Bailiwick of Guernsey) Law 2001 and any
instructions that We may notify to You.
8.3
The Service shall not be used:
8.3.1 for any communication
that is grossly offensive or of an indecent, obscene or menacing
character;
8.3.2 for the purpose
of causing annoyance, inconvenience, grievance or needless anxiety
to another by sending messages that are know to be false or of a
persistent nature; or
8.3.3 in breach of
instructions We have given under paragraph 8.1 or in breach of the
Acceptable Use Policy.
8.4
We may give You immediate notice and suspend provision of the
Service:
8.4.1 if it is used in
a manner that materially harms the integrity, security or
interoperability of the Telecommunications Network;
8.4.2 is used with
equipment that is not approved for connection to the
Telecommunications Network;
8.4.3 under the
direction of a competent authority, if it is used in a manner, or
in relation to, the commission of offences against the laws of
Guernsey; or
8.4.4 if it is used in
a manner that breaches clause 8.3 above.
9. Security
9.1
Your Service is to be used by a single user only. You
acknowledge that You are responsible for ensuring that no
unauthorised access to the Service is obtained using Your account
and that You are liable for all such activities conducted through
Your Service whether authorised or not.
9.2
It is possible to enable PIN protection on Your SIM Card in order
to restrict unauthorised access. If a PIN has been
enabledYou, as the registered user of the Service, will:
9.2.1 keep Your PIN
secure and not let it become public knowledge and ensure that Your
PIN will not be stored anywhere in an unencrypted format;
9.2.2 provide true,
accurate, current and complete information when registering and
notify Us immediately of any changes or mistakes; and
9.2.3 if Your PIN
becomes known to any unauthorised user You will inform Us
immediately and change Your PIN as soon as possible.
9.3
You are responsible for the security and use of any password or PIN
numbers used with the Service. You are advised not to save
them in plain text format or use caching systems such as the
password cache in Your web browser. We will not be held
liable for any loss that You may suffer as a result of Your failure
to comply with this clause.
9.4
We make every effort to ensure the security of Your communications.
You are however advised that for reasons beyond Our control, there
is a risk that Your communications may be unlawfully intercepted or
accessed by someone other than the intended recipient.
Although Your communications over the air interface with Our
systems are secure and encrypted, We have no control over the
security of third party networks. Please note when using the
Internet, that the Internet is not a secure environment; unwanted
programs or material may be downloaded without Your
knowledge. These programmes may perform actions that You have
not authorized and possibly without Your knowledge. You are
responsible for protecting Your equipment and data against these
types of programs.
10. Liability
10.1 We are not
responsible for the Content of any material made available and/or
accessible by use of the Service.
10.2 We reserve
the right to disclose Your name, telephone and/or facsimile number
and/or email address to any person making any complaint or enquiry
in relation to the use of the Service.
10.3 If any
information provided by You is untrue, inaccurate, not current or
incomplete, We have the right to terminate Your Service and refuse
any and all current or future use of the Service.
10.4 We do not
undertake to provide any other services to You under these terms
and conditions other than the provision of the Pay Monthly Services
and do not accept any responsibility for any computer, telephone or
other equipment used by You to access the Service. The
provision of such services may be covered by other relevant terms
and conditions.
10.5 We are not
liable in any way for any activities of You in particular but not
limited to any acts which under the laws of any jurisdiction
infringe any third party's intellectual property rights (including
the use of any Domain Name), infringe obscenity laws, constitute
threats, are in any way defamatory or are illegal in any other
way.
10.6 You agree
to indemnify Us and hold Us blameless in relation to any claim
brought by third parties located in any jurisdictions (whether
governments, corporate bodies or private individuals) alleging that
any use of the Service by You is unlawful or infringes any rights
held by such entities. You shall immediately notify Us in
writing of any such claims of which You become aware and We may
elect to defend such claims. You agree to offer all
reasonable assistance to Us in defending such claims at Your sole
expense.
10.7 You agree
to pay all costs, damages, awards and professional fees of any kind
incurred in relation to any claims made against You or against Us
relating to Your use of the Service.
10.8 We will use
reasonable endeavours to maintain the quality of the Service and to
ensure the Service is available at all times but makes no
warranties regarding availability or quality of the same and are
not liable for any loss of any nature suffered by You or any third
party as a result of any event outside the control of Us and in any
event are not liable for any loss suffered by You or any third
party as a result of any interruption to the Service lasting less
than 3 (three) days. You acknowledge that We are not
responsible for maintaining any insurance cover of any nature to
cover loss by anyone other than Ourselves.
10.9 We are not
responsible for maintaining any site or address on the Internet
other than Our own site and address and We do not warrant or
represent the continued availability of any other site or
address. You are responsible for obtaining any insurance,
which You may require for any potential loss which You may suffer
through the unavailability of the Service.
10.10 You acknowledge that
by entering into any contract or other obligation with any third
party through the C&W Pay Monthly Service, We will neither
become a party to such arrangements nor assume any liability there
under. You acknowledge that the use of the Internet is solely
at Your own risk and subject to all applicable national and
international laws and regulations. We have no responsibility
for any information or other services obtained by You on the
Internet.
11. Temporary Unavailability of Service
If the Service is unavailable due to circumstances beyond Our
control for a continuous period of more than 30 (thirty) days You
shall be entitled immediately to terminate this Agreement and the
Service and We will refund any charges paid for in advance for the
unavailable period and any period thereafter.
12. Intellectual Property Rights
12.1 All
copyright and other intellectual property rights in any material
(including text, photographs, videos, graphics, logos, music, sound
and other material images) contained in the Service or the Internet
access software that You use to access the Service is either owned
by Us or has been licensed to Us by the rights owner(s) for use
with the provision of the Service. You are only allowed to use the
Service as set out in these Terms and Conditions.
12.2 The word or
mark "Cable & Wireless" however represented, including stylised
representations, all associated logos and symbols, and combinations
of any of the foregoing with another word or mark, are the trade
marks of Cable & Wireless or one of the Cable & Wireless
Group companies or third parties. ALL RIGHTS RESERVED.
13. General Terms and Conditions
You should refer to the C&W Guernsey General Terms and
Conditions for additional clauses under each of the above headings
and for the following:
| Special Provision of Service | Fault Repair | Relocation and Reconfiguration |
| Term of Service | Temporary Service | Interconnection |
| Default | Cancellation | Suspension |
| Call Monitoring and Recording | Information and Permissions | Complaints and Arbitration |
| Assignment | Copyright | Duration and Entire Agreement |
| Indemnity | Law | Matters Beyond Reasonable Control |
| Notice | Use of Information | Severability |
| Variation | Waiver | Deposits and Payments in Advance |
SECTION 2 – Service Schedule
Cable & Wireless Guernsey Service Level Schedule defines the
standard level of Fault response and provision target times for Pay
Monthly (contract) Mobile Telephony Services within Guernsey.
Standard Service
Provision of Service Post Pay Telephony Services
| Post Pay (contract) Service | Two working days from completion of application |
We will provide You with the Service on the terms and conditions
as stated.
We plan to deliver a working service by the time as agreed with
You or within the maximum time for provision as stated on the Order
Form.
Requests made to Us relating to the provision of Service can be
made in writing to:
Cable and Wireless Guernsey Limited, PO Box 3, Upland
Road,
St Peter Port, Guernsey, GY1 3AB or by calling (01481) 700700
If You require any work for the provision of service to be
undertaken outside of Our Normal Working Hours then a charge will
be made based on the applicable hourly rate.
Fault Support Post Pay Mobile Telephony Services
| Fault Support | Via Contact Centre on 24 hours a day - dial
151 |
| Fault Cover | Normal Working Hours 0800 – 1700 hours Monday to
Friday.
Excluding Public/Bank Holidays |
| Fault Response | Within 8 hours of receipt of Fault report – in Normal Working
Hours only. |
| Clear | Cable & Wireless Guernsey GSM network Faults - Resumption of
service by the end of the next working day. Roaming Faults are typically cleared within 5 working days
(subject to foreign operator's co-operation) |
You may report Faults to Us at any time by dialing service code
151. Where a resolution cannot be made at the time of
reporting then We will ask You to provide Us with a contact
telephone number to enable progress on Fault clearance to be
made.
We will:
- provide advice by telephone
- carry out tests and diagnostics on the Service
- work to resolve the Fault within the agreed time period as
stated in the schedule
If We respond and work on a reported Fault and it is
subsequently found not to be a Fault with Our service then a charge
will be made based on the applicable rate defined in the Price List
for the Service.
Attention to Faults outside of the stated time will be charged
at the Cable & Wireless Guernsey applicable rate.
SECTION 3 – Third Party Services
Shortcode Services
We provide Shortcode SMS access to premium rate services of
third party content providers. Such content may include, but
is not limited to, ringtones, logos, voting on television programs,
text chat and general information services (e.g. cricket result
updates).
In accessing these services using Shortcode SMS You may be
requesting a one-off service, or subscribing for an ongoing service
with a commitment to receive chargeable content. We provide
the means of access through the Shortcode SMS, but We are not
responsible for and accept no liability for any content that You
access using the service. We require the third party content
providers to abide by the ICSTIS (the UK regulator of premium rate
services) Code of Practice. Further information can be
obtained on the ICSTIS web site at http://www.icstis.org.uk/.
Under the Code of Practice subscription services must be clearly
advertised stating all charges for the service. We will bill
You for any chargeable SMSs You send or receive (or Your pre
pay balance will be reduced by the values of the charge), but there
may also be subscription charges payable directly to the third
party content provider. If You want to cease a Shortcode SMS
service You can send STOP at any time to the relevant shortcode
If You have an enquiry or complaint relating to any Shortcode
SMS service You must contact the third party content provider in
the first instance. If You are not satisfied with the outcome
You can contact ICSTIS. If the third party content provider
is found to be in breach of the ICSTIS Code of Practice they may
have their service suspended or terminated and can be fined.
Some third parties provide adult content on their Shortcode SMS
services. You must be 18 years or over to access such
content. It is the responsibility of the post pay account
holder (which will be a parent or guardian in the case of a mobile
user that is under 18) to ensure that persons under 18 do not use
the handset to access such services
Charges for texts sent or received via Shortcode SMS are set by
the third party content provider and may be high as these are
premium rate services. Some downloads can cost £5.00 or more. It is
Your responsibility to pay any outstanding balance on Your post pay
mobile account (in the case of pre pay mobile You will only be able
to send or receive a chargeable SMS if You have sufficient money in
your prepay balance). A chargeable SMS will be charged for if it is
sent, irrespective of whether it is delivered or not.
Issue 7
January 2007