BlackBerry internet solution
service specific terms and conditionsThe BlackBerry Internet 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™ and the GPRS network, hence allowing
users to access and manage their email inbox when away from a
computer.This service requires the
purchase of a BlackBerry Wireless Handheld from Us and an annual
contract with a monthly subscription charge at the rate published
in Our Price List. The BlackBerry Internet Solution refers to the
product offering sold to an individual and which enables users to
stay in touch with Internet based personal email accounts provided
that such accounts are compatible (the 'BlackBerry Internet
Solution').The BlackBerry
Internet Service includes unlimited data while in the Isle of Man
and 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.As an optional facility
the BlackBerry Internet Solution may be added to Your existing
C&W IOM SIM in the case of a C&W pay monthly customer such
that You use only one mobile device, which must be the BlackBerry
Wireless Handheld. Both the contract for pay monthly voice services
and the contract for the BlackBerry Internet Solution will then
apply to one SIM and one MSISDN. The supply of services under the
existing Sure pay monthly Service will not be affected by the
addition of the BlackBerry Internet Solution, except You will not
be able to benefit from double handset
subsidies.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 Internet Solution" refers to
the 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 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."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 BlackBerry Internet Solution that You have
asked for using the 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 Internet 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 Internet Solution, You must have
purchased a BlackBerry Wireless Handheld, signed the BlackBerry
Service application form and thereby agreed to pay the monthly
subscription charge.2.3 Subject to
clause 2.7 below, the BlackBerry Internet 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 Internet
Solution outside of the Isle of Man or 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 Internet 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 http://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 Internet 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 Internet 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 Internet
Solution.3. Use of
Service3.1 The
monthly subscription charge allows unlimited use of BlackBerry
Internet Solution data access within the Isle of Man and the
Channel Islands.3.2 Additional charges
will be incurred for accessing the BlackBerry Internet Solution
when roaming. These additional charges will be added to Your
monthly service bill for the BlackBerry Internet
Solution.4. Term of
Service4.1 The minimum term of
service for the BlackBerry Internet Solution is 12 or 18 months, as
stated on the Application Form.4.2 We
have the right to suspend the BlackBerry Internet 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 at the Sure web
site at http://www.surecw.com/.
4.3. We undertake to supply the version of the BlackBerry Internet
Solution to You to which You subscribe on the application form from
the Service Delivery Date.5.
Charges5.1 The monthly
subscription that You will pay to Us for the BlackBerry Internet
Solution provides remote access to Your email account within the
Isle of Man and the Channel Islands. A connection charge may be
applied.5.2 Additional charges will be
incurred by You if you use the BlackBerry Internet Solution either
to make voice calls, send SMS/MMS or use the Service outside of the
Isle of Man or the Channel Islands.5.3
We reserve the right to vary the monthly BlackBerry Internet
Solution subscription, connection charge, Call or SMS/MMS charges
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 shops and on Our website at
http://www.surecw.com/.
5.4 If You do not opt to add the BlackBerry Internet Solution to an
existing C&W IOM pay monthly SIM the charge for voice Calls and
texts will be as published at www.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 Internet Solution will start on the
Service Delivery Date, unless We notify You of a later date for the
start of the BlackBerry Internet Solution from when the
subscription will be payable.6.2 The
BlackBerry Internet Solution monthly bill will only be sent
separately from Your existing C&W IOM pay monthly mobile phone
service bill if Your subscription to the BlackBerry Internet
Solution is associated with a separate SIM. If the BlackBerry
Internet 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 Internet
Solution.7.2 You undertake to use the
BlackBerry Internet 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 Internet 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 Internet Solution.
You are responsible for the security and proper use of Your
BlackBerry Internet 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
Internet 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 Internet Solution and refuse any and all current or
future use of the BlackBerry Internet 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 Internet Solution by You
constituting any unlawful act or in the event that You use the
BlackBerry Internet 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 Internet Solution.10.5 We do
not undertake to provide any other services other than the GPRS
Network used to provide the BlackBerry Internet 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 Internet 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
Internet Solution and to ensure the BlackBerry Internet 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 Internet 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 Internet 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 Internet 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 Internet Solution. You acknowledge
that by entering into any contract or other obligation with any
third party through the BlackBerry Internet Solution, We will
neither become a party to such arrangements nor assume any
liability there under.11. Temporary Unavailability of
ServiceIf the
BlackBerry Internet 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 Internet 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 word
or mark "Cable & Wireless Isle of Man" or "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 Group
companies or third parties and all such rights are hereby expressly
reserved.12.2 When We supply You with
the BlackBerry Handheld Device, 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.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 Internet Solution please contact Our office at 14
Athol Street, Douglas, Isle of Man, IM1 1JA, or by calling 01624
692200.
Issue 1, May 2007