The BlackBerry
Enterprise Solution Service Specific Terms and
ConditionsThe
BlackBerry Enterprise Solution from C&W Guernsey
provides access to the Internet and email via a bespoke handheld
device, known as a BlackBerry®. It is a secure and reliable
solution that delivers mobile email and Internet access using a
BlackBerry Wireless Handheld™, the Blackberry Enterprise Server and
the C&W GPRS network, hence allowing users to access and manage
their email inbox when away from a computer. The BlackBerry
Solutions can be supplied to You through Us in two versions. These
are:BlackBerry Enterprise
Solution; this service requires the purchase of a
BlackBerry Wireless Handheld and an annual contract with a monthly
subscription charge per device at the rate published in Our Price
List (the 'BlackBerry Enterprise Solution'). The
BlackBerry Enterprise Solution is designed to support multiple
users accessing the corporate email servers. Hence, this solution
additionally requires the purchase and installation of bespoke
software, known as the Blackberry Enterprise Server, which sits
behind the company's firewall next to the email server within Your
local area network. We will sell You the Blackberry Enterprise
Server, but are not responsible for the installation or maintenance
of the Blackberry Enterprise Server and You will be responsible for
choosing a third party systems integrator to provide the
installation and maintenance of the Blackberry Enterprise
Server.BlackBerry Internet Solution
and BlackBerry Enterprise Solution; in some instances a
corporate who has purchased the BlackBerry Enterprise Solution may
also wish to allow its employees to access both their corporate and
personal email accounts through the BlackBerry Enterprise Solution
and BlackBerry Internet Solution respectively. In order to do this,
the corporate must request that the service be added to specific
mobiles via a signed letter, printed on headed paper. There may
also be a charge associated with this service.We will not be responsible for the
installation of the software that constitutes the Blackberry
Enterprise Server required within the company's local area network
to enable the BlackBerry Enterprise Solution. The installation and
maintenance of that software will be provided by the customer's own
choice of systems integrator. We have agreed to work with a number
of local systems integrators to ensure Your service needs are met
in a timely and appropriate manner. We will provide You with a list
of approved systems integrators, for whom We have provided access
to the appropriate training materials. We strongly recommend that
You contract with one of Our recommended systems integrators for
the installation and maintenance of the Blackberry Enterprise
Server.The
BlackBerry Solution includes unlimited data while in the Channel
Islands and the Isle of Man. In addition You can use the BlackBerry
Wireless Handheld to make Calls or send SMS at rates published in
Our Price List at surecw.com.As an optional facility, You may
choose to provision the BlackBerry Solution on a second SIM card.
In this case, the second SIM card will have voice and SMS
facilities, but will have no inclusive minutes, SMS or any other
form of inclusive service. The second SIM card will not be subject
to standard monthly rental charge, however the BlackBerry Solution
monthly rental charge will apply.SECTION 1 – Service
Specific Terms and
ConditionsThese C&W Service
Specific Terms and Conditions should be read in conjunction with
the C&W General Terms and Conditions. Where there is conflict
these Service Specific Terms and Conditions supersede the General
Terms and Conditions.1. Definition and
InterpretationThe C&W General Terms and Conditions include
definitions. These definitions are in addition:"BlackBerry Solution" refers to either of
or both of (dependant on context and which option You have chosen
in relation to each Blackberry Wireless Handheld) the BlackBerry
Enterprise Solution and BlackBerry Internet Solution that provides
the ability to receive and send emails and access the Internet over
the air using a BlackBerry Wireless Handheld, the GPRS network and
relevant email servers."BlackBerry Wireless
Handheld" means the proprietary communication device
manufactured by Research In Motion Limited for the purposes of
enabling You to access, read and reply to emails via a GPRS
network."GPRS" means
the standard for wireless communications, which runs at speeds up
to 115 kilobits per second known as General Packet Radio
Service."GSM" means
the digital mobile system known as Global System for Mobile
Communications."Internet" means the global network that
links millions of computers, using phone and cable links. This
provides worldwide communications to homes, schools, businesses and
governments. The WWW runs on the Internet."Service Delivery Date" means the date on
which We make Service ready for use."SIM Card" means the Subscriber Identity
Module containing data (including Your identity), which has been
supplied to You by Us.2. Provision of
Service2.1 We will provide You with the
version of the BlackBerry Solution that You have asked for using
Our GPRS data network and provisioning Your SIM accordingly. You
must be aware that We are responsible for only certain elements of
the network that is used to supply You with the BlackBerry Solution
and We will only be held liable for failure to operate those
elements of that network in accordance with these terms and
conditions.2.2 In
order to use the BlackBerry Enterprise Solution, You must have
purchased a BlackBerry Wireless Handheld, signed the BlackBerry
Enterprise Service application form and thereby agreed to pay the
monthly subscription charge. In addition, You (or the company who
controls the relevant Local area network) must also have purchased
the appropriate authentic proprietary Blackberry Enterprise Server
software. You acknowledge that We are not responsible for the
installation or maintenance of the Blackberry Enterprise Server
software. We will provide You with a list of approved systems
integrators who can provide to You this service.2.3 Subject to clause 2.5
below, the BlackBerry Solution is currently available throughout
the Channel Islands, the Isle of Man and elsewhere where we have
signed a GPRS roaming agreement with a mobile operator.2.4 The Monthly
Subscription charge includes data usage within the Channel Islands
and the Isle of Man only.2.5 You should be aware that the
BlackBerry Wireless Handheld includes encryption software that is
subject to certain legal restrictions that restrict the export,
import and use of the BlackBerry Wireless Handheld and associated
software, and that, in accordance with certain legal agreements
that We have entered into, You are not permitted to roam to any
country with the BlackBerry Wireless Handheld unless advised by Us
from time to time that such roaming is permitted to that country.
Access to the Blackberry Solution outside of the Channel Islands or
the Isle of Man is subject to the availability of GPRS roaming
agreements with other networks and You shall indemnify Us for any
loss or damage suffered by Us in the event that You use the
BlackBerry Solution in breach of this provision. The availability
of GPRS roaming is constantly expanding and an up to date list of
countries where GPRS roaming is available can be seen on the
Internet at www.surecw.com.2.6 We will give You notice of the
end-of-life of a particular product supplied by Us to You within 30
days of (i) when We are notified in writing from Our third party
supplier that such products have reached their end-of-life or (ii)
when Our agreement with Our third party supplier comes to an end.
In that event, We will make it clear that Our third party supplier
shall have no obligation to provide support for such product for
more than 12 months following delivery of the relevant notice and
(if relevant) where to find further information about appropriate
product and support availability.2.7 If You opt to have Your
BlackBerry Solution and pay monthly mobile service on the same SIM
the applicable date of the contract will be the date You sign for
the BlackBerry Solution. From that date You will only be entitled
to the BlackBerry Wireless Handheld subsidy. Any entitlement to a
subsidized handset associated with Your pay monthly service will
lapse.2.8 You may
not be entitled, at Our sole discretion, to a subsidy on the
BlackBerry Wireless Handheld if You have recently benefited for a
subsidy on a handset associated with the pay monthly service to
which You now wish to add the BlackBerry Solution.3. Use
of Service3.1 The monthly subscription charge
allows unlimited use of the BlackBerry Solution data access within
the Channel Islands and the Isle of Man.3.2 Additional charges will be
incurred for accessing the BlackBerry Solution when roaming. These
additional charges will be added to Your monthly service bill for
the BlackBerry Solution.4. Term of
Service4.1 The minimum term of service for
the BlackBerry Solution depends on the handset price option You
select. The standard term of twelve months applies if You pay the
standard C&W price for the handset. The term is eighteen months
if You pay the lower C&W price for the handset.4.2 We have the right to
suspend the BlackBerry Solution for the purposes of maintenance,
repair, upgrading or security. We will endeavour to give You as
much notice as possible of any such planned suspension by way of a
general notice given on Our web site at www.surecw.com.4.3. We undertake to supply the
version of the BlackBerry Solution to You to which You subscribe in
the application form from the Service Delivery Date.5.
Charges5.1 The monthly subscription that You
will pay to Us for the BlackBerry Solution provides remote access
to Your email account within the Channel Islands and the Isle of
Man. A connection charge may be applied. The charges for the
BlackBerry Enterprise Server will be provided to You prior to the
sale of the BlackBerry Enterprise Server to You and You will become
liable for the price that has been notified to You.5.2 Additional charges
will be incurred by You if You use the BlackBerry Solution either
to make voice calls, send SMS/MMS or use the Service outside of the
Channel Islands or the Isle of Man.5.3 We reserve the right to vary the
monthly BlackBerry Solution charge at any time but will give You a
minimum period of 21 days notice of the same, such subscription
charge to be applicable for the next billing period following the
expiry of the 21 day period. We may provide such notification on
Our website at http://www.surecw.com/.5.4 If You do not opt to
add the BlackBerry Solution to an existing C&W Guernsey pay
monthly SIM the charge for voice Calls and texts will be as
published at surecw.com.5.5 If You opt to operate only the
BlackBerry Wireless Handheld so Your pay monthly voice service is
associated with the same SIM, the charges for voice Calls, SMS/MMS
made on such device will comply with the Call charges applicable
for Your existing pay monthly contract including any bundled voice
minutes or SMS.6.
Payment6.1 Subscription for the BlackBerry
Enterprise Solution will start on the Service Delivery Date, unless
We notify You of a later date for the start of the BlackBerry
Solution from when the subscription will be payable. Payment for
the BlackBerry Enterprise Solution will be in accordance with the
payment terms and conditions notified to You at the time and will
generally be in accordance with Our normal billing procedures and
billing cycle.6.2
The BlackBerry Solution monthly bill will only be sent separately
from Your existing C&W pay monthly mobile phone service bill if
Your subscription to the BlackBerry Solution is associated with a
separate SIM. If the BlackBerry Solution is provided by means of an
upgrade to Your existing SIM then the monthly subscription and any
other charges will be added to Your existing bill.6.3 The subscription
charge is normally payable in advance on a monthly basis. You must
pay the subscription in accordance with Our billing cycle.7.
Illegal Use7.1 You acknowledge that We are
unable to exercise control over the content of data accessed,
transmitted or published by You when using the BlackBerry
Solution.7.2 You
undertake to use the BlackBerry Solution only for lawful purposes
and undertake not to access, transmit, publish, display, advertise
or make available material which:- infringes copyright or any other
intellectual property right held in any country;
- is obscene or pornographic;
- contains threats of any kind;
- is defamatory in any way;
- breaches confidence;
- the access to or transmission or
publication of which is illegal, relates in any way to any illegal
activity, nuclear or missile proliferation activity or the design
of chemical or biological weapons or infringes any third party's
legal rights of whatever nature under the laws of any jurisdiction
for any reason; or
- contravenes Our Acceptable Use
Policy.
8.
Termination8.1 This agreement may be terminated
by any of the following events:8.1.1. 1 (one) month's notice given
to You by Us;8.1.2. 1 (one) month's notice given
to Us by You;8.1.3. immediately by Us upon breach
of any of the terms and conditions contained in this Agreement
(including without limitation if You use the BlackBerry Solution in
a way that is illegal or falls within any of the restrictions set
out in clause 7.2 above) by You or failure by You to pay any charge
due to Us;8.1.4.
by You for unavailability of Services under paragraph 11 of these
terms and conditions.8.1.5. by You if We materially change
the subscription charge or terms and conditions of this Agreement
to Your detriment.8.2. Termination of this Agreement
and Service is always subject to the payment by You of the charge
for the provision of the Service for the minimum period of service
as set out in clause 4.1 above.8.3. Any charges paid in advance for
any period of time after termination takes effect will be refunded
except in the case of termination under paragraph 8.1.3. above and
subject to paragraph 8.2. You undertake to pay any subscription
charge or other charge incurred up to the date of termination. Your
notice does not avoid any other liability for any Service already
provided.9. Security9.1 Your BlackBerry Wireless Handheld
and SIM Card are supplied with a password and PIN Code access
number. You are advised to keep this information secure to avoid
unauthorized access to Your BlackBerry Solution. You are
responsible for the security and proper use of Your BlackBerry
Solution.9.2 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 that the Internet is not a secure
environment; unwanted programs or material may be downloaded
without Your knowledge. These programs 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, which come mainly in the form of viruses –
Trojans and worms - and spyware.10.
Liability10.1 We are not responsible for the
content of any material made available and/or accessible by use of
the BlackBerry Solution.10.2 If any information provided by
You to Us is untrue, inaccurate, not current or incomplete, We have
the right to terminate Your BlackBerry Solution and refuse any and
all current or future use of the BlackBerry Solution.10.3 We are not liable in
any way for any activities You perform, 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.10.4 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 any use of the BlackBerry Solution by You constituting any
unlawful act or in the event that You use the BlackBerry Solution
in any way that breaches these C&W Service Specific Terms and
Conditions. 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 Us all reasonable assistance in
defending such claims at Your sole expense. 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 BlackBerry Solution.10.5 We do not undertake to provide
any other services other than the GPRS Network used to provide the
BlackBerry Solution to You and do not accept any responsibility for
any computer, information technology network or for the proprietary
software and device which are used by You to access the BlackBerry
Solution. The proprietary software used and the BlackBerry Handheld
Device are covered by separate terms and conditions specified by
Research In Motion Limited and referred to in clause 12.2 below. We
will use reasonable endeavours to maintain the quality of the
BlackBerry Solution and to ensure the BlackBerry Solution is
available at all times but make 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 of Our control and in any event We are not liable for
any loss suffered by You or any third party as a result of any
interruption to the BlackBerry Solution 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.10.6 You acknowledge that We are not
able to evaluate any potential loss to You and that Our liability
to You, whether for breach of contract, negligence or otherwise, in
respect of any defect in or discontinuance of the BlackBerry
Solution is limited to the subscription fee payable by You for the
minimum period of service set out in clause 4.1 above. Further, We
are not liable to You for any special or consequential damage which
You may suffer as a result of any loss of business, contracts,
profits, savings or otherwise. In particular, We cannot be held
responsible by You for the non-delivery or non-receipt of an email
or other message on the Blackberry Solution.10.7 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
BlackBerry Solution. You acknowledge that by entering into any
contract or other obligation with any third party through the
BlackBerry Solution, We will neither become a party to such
arrangements nor assume any liability there under.11.
Temporary Unavailability of
ServiceIf the BlackBerry Solution 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 the Agreement and the BlackBerry
Solution and We will refund any charges paid for in advance for the
unavailable period and any period thereafter.12. Intellectual
Property Rights12.1 The words or marks "Cable &
Wireless Guernsey" and "Sure" 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 and Wireless Guernsey Limited or one of
the Cable and Wireless Guernsey Group companies or third parties
and all such rights are hereby expressly reserved.12.2 When We supply You
with the BlackBerry Handheld Device and the Blackberry Enterprise
Server, it will be supplied with all packaging, notices,
disclaimers and licence agreements intact and as shipped to Us by
Research In Motion Limited. If You indicate that You are not
willing to accept the relevant licence terms and conditions after
delivery but prior to installing the software, and You return the
software and all accompanying documentation and packaging and proof
of purchase to Us, then We will refund You all monies paid to Us
for the BlackBerry Handheld Device. We exclude all warranties in
relation to the BlackBerry Enterprise Server to the fullest extent
permitted by law and the use of the BlackBerry Enterprise Server by
You shall be governed by the relevant terms and condition referred
to in this clause above.13. General Terms
and ConditionsYou 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 | Fault Repair | Relocation and
Reconfiguration |
Interconnection | Default | Use of Information |
Suspension | Call Monitoring and
Recording | Severability |
Information and Permissions | Complaints and Arbitration | Waiver |
Copyright | Duration and Entire
Agreement | Notice |
Matters Beyond Reasonable
Control | | |
14. TO CONTACT
US
If You wish to contact Us
about any aspect of the BlackBerry Solution please send an email to
contact@surecw.com, text the Helpdesk on 07781 480 048, or call Our
general Helpdesk on 01481 700700.
Issue 5October
2007