BLACKBERRY ENTERPRISE SOLUTION
SERVICE SPECIFIC TERMS AND CONDITIONS
The BlackBerry Enterprise
Solution from C&W Isle of Man 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 Solution
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, the installation service and annual maintenance for 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.
The BlackBerry Solution
includes unlimited data while in the Isle of Man and in the Channel
Islands. 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 Conditions
These C&W Isle
of Man Service Specific Terms and Conditions should be read in
conjunction with the C&W Isle of Man 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 Isle of Man
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
Service
2.1 We will provide You
with the version of the BlackBerry Solution that You have asked for
using Our GPRS data network and provision 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. We will install the BlackBerry Enterprise Server software
unless You instruct Us otherwise. In which case We will endeavour
to 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 Isle of Man and the Channel Islands 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 Isle of Man and
the Channel Islands 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 Isle of
Man and the Channel Islands 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 obtained from Our
office at 14 Athol Street, Douglas, IoM.
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
Service
3.1 The monthly
subscription charge allows unlimited use of the BlackBerry Solution
data access within the Isle of Man and the Channel Islands.
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
Service
4.1 The minimum term of
service for the BlackBerry Solution is as stated on the Application
Form, which will be 12 or 24 months, depending on the option You
have selected.
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.
Charges
5.1 The monthly
subscription that You will pay to Us for the BlackBerry Solution
provides remote access to Your email account within the Isle of Man
and the Channel Islands. 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 may
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
Isle of Man of the Channel Islands.
5.3 We reserve the right
to vary the monthly BlackBerry Solution subscription or connection
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 in Our office at 14 Athol Street,
Douglas, IoM.
5.4 If You do not opt to
add the BlackBerry Solution to an existing C&W IOM 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.
Payment
6.1 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 Use
7.1 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. Termination
8.1 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.
Security
9.1 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.
Liability
10.1 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 Isle of Man 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 Service
If 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
Rights
12.1 The words or marks
"Cable & Wireless Isle of Man" 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 & Wireless Isle of Man
Limited or one of the Cable & Wireless Isle of Man 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
Conditions
You should refer to the
C&W Isle of Man 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 contact Our office at 14 Athol
Street, Douglas, Isle of Man, IM1 1JA, or by calling 01624
692200.
Issue 2November
2007