EZ-Pay Scheme Terms and Conditions
Your Mobile Handset can be purchased in full or using the EZ-Pay
Scheme through sales at Cable and Wireless Guernsey. These terms
and conditions, together with the C&W General Terms and
Conditions, set out how this EZ-Pay Scheme will work.
SECTION 1 - Service Specific Terms and Conditions
These C&W Service Specific Terms and Conditions
should be read in conjunction with the C&W General Terms and
Conditions, the C&W Post Pay Mobile Service Specific Terms and
Conditions & SLA or the C&W Pre Pay Mobile Service Specific
Terms and Conditions (as applicable) and where applicable, and the
notes to Customers on the GSM Order Form and the Contract Extension
Order Form. Where there is a conflict between these documents,
these Service Specific Terms and Conditions supersede the General
Terms and Conditions, the C&W Post Pay Mobile Service Specific
Terms and Conditions & SLA or the Pre Pay Mobile Service
Specific Terms and Conditions (as applicable) and the GSM Order
Form and Contract Extension Order Form.
1. Definitions and Interpretation
The C&W General Terms and Conditions include definitions.
These definitions are in addition to those definitions:
"Contract Extension Order Form" means the order
form that You may have signed to extend your GSM airtime
contract.
"EZ-Pay Price" means the price of the Mobile
Handset which We will charge You for and which includes a small
administration fee to cover Our expenses in providing You the
EZ-Pay Scheme.
"EZ-Pay Scheme" means the scheme under which
You will not pay for Your Mobile Handset in full upfront but will
spread the cost of Your Mobile Handset over a period of twelve
months.
"GSM Order Form" means the order form that You
fill in when You apply for Your Post Pay Mobile Service (where
applicable).
"Mobile Handset" means the handset that You
have purchased from Us.
"New Connection Discount" means the discount on
the price of the Mobile Handset that We provide to You since You
are taking out a twelve month contract with Us. (Not applicable to
the C&W Pre Pay Mobile Service)
"Total Cost" means the EZ-Pay Price of the
Mobile Handset less the New Connection Discount. The New
Connection Discount is not applicable to the C&W Pre Pay Mobile
Service.
2. Conditions of You using the EZ-Pay Scheme
2.1 You will
only be eligible for the EZ-Pay Scheme if you have already signed
and completed the GSM Order Form and, if applicable, the Contract
Extension Order Form, or are taking the C&W Pre Pay Mobile
Service.
2.2 If You wish to apply for
the EZ-Pay Scheme, We will require You to submit Direct Debit
mandate instructions as payment guarantee. The Direct Debit
mandate must be for a bank account in Tour name.
2.3 The EZ-Pay Scheme only
applies to a Mobile Handset purchased directly from Us at one of
our retail shops.
2.4 The EZ-Pay
Scheme can only be used in conjunction with other special offers
that We, in our sole discretion, may be offering from time to time
in conjunction with the EZ-Pay Scheme.
2.5 You will
only be eligible for the EZ-Pay Scheme if You are 18 years old or
over at the time You sign the Direct Debit mandate
instructions.
3. Ownership and Insurance
3.1 Ownership
and risk in any Mobile Handset sold under the terms of this EZ-Pay
Scheme will pass to You on delivery of the Mobile Handset to
You.
3.2 You are
obliged to insure the Mobile Handset against loss and damage as
soon as You have received it from Us at the point of sale and are
obliged to use all such insurance monies received in the event of a
claim under such insurance policy to replace the Mobile
Handset.
You will still be liable to pay the monthly repayments
of the Total Cost even if, for example, You lose the Mobile Handset
or it is broken or stolen.
4. Payment
4.1 In
consideration of the supply of the Mobile Handset by Us to You, You
agree to pay the Total Cost split over twelve months in twelve
equal monthly repayments until You have paid the Total Cost of the
Mobile Handset to Us. The monthly repayments will start from the
next available billing date in Our normal monthly billing
cycle.
4.2 Time shall
be of the essence for each and every monthly payment of the Total
Cost.
5. Termination
5.1 We may
terminate this Agreement by giving You at least one months notice
or immediately if You do not pay any of the monthly repayments of
the Total Cost. If We give You notice of termination or if We
terminate immediately then You must pay the amount of the Total
Cost outstanding and any other outstanding charges in full upon
termination of the provision of the EZ-Pay Scheme under this
Agreement.
5.2 If you pay
all the Total Cost for the provision of the Mobile Handset under
the EZ-Pay Scheme, You may terminate the provision of the EZ-Pay
Scheme under this Agreement, by giving notice to Us at least one
month before You wish to terminate. If You terminate the provision
of the EZ-Pay Scheme before the Total Cost has been paid, then You
shall be liable for any outstanding charges at the rate in force on
Our Price List.
6. Suspension of other Services
6.1 If You do not pay the monthly repayments for the Total
Cost when it is due, then We may end or suspend any other service
including the GSM airtime contract that We may be providing to You
under the C&W General Terms and Conditions and any relevant
C&W Specific Terms and Conditions.
7. General Terms and Conditions
You should refer to the C&W General Terms and Conditions for
additional clauses under each of the above headings and for the
following:
| Special Provision of Service | Use of Service | Fault Repair |
| Relocation and Reconfiguration | Term of Service | Temporary Service |
| Interconnection | Charges | Default |
| Cancellation | Suspension | Call Monitoring and Recording |
| Complaints and Arbitration | Assignment | Copyright |
| Duration and Entire Agreement | Indemnity | Law |
| Liability | Matters Beyond Reasonable Control | Notice |
| Use of Information | Severability | Variation |
| Waiver | | |
Issue 3
December 2005