BLACKBERRY INTERNET PAY AS YOU
GO SERVICE SPECIFIC TERMS AND
CONDITIONS
The BlackBerry Internet Pay As You Go
Solution (the 'Service') from C&W 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/EDGE 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 a Sure pay
as you go SIM. The BlackBerry Internet Pay As You Go 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 Service
includes unlimited data while in the Isle of Man and the Channel
Islands but the data functionality cannot be used while You are
roaming. In addition You can use the BlackBerry Wireless Handheld
to make Calls or send SMS locally, or abroad, at Sure local and
roaming pay as you go mobile rates as published in Our Price List
at surecw.com. You can roam in any pay as you go roaming
destinations, which are also listed at
surecw.com.The
Service is added to Your existing, or a new Sure pay as you go SIM
such that You use only one mobile device, which must be the
BlackBerry Wireless Handheld. Both the pay as you go voice and
SMS/MMS services and the BlackBerry Internet Pay As You Go Solution
will then apply to one SIM and one MSISDN. The supply of existing
pay as you go mobile services will not be affected by the addition
of the BlackBerry Internet Pay As You Go Solution.
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 and the Sure Pay As You Go Mobile
Service Specific Terms and Conditions. Where there is conflict
these Service Specific Terms and Conditions supersede the General
Terms and Conditions and/or the Sure Pay As You Go Mobile Service
Specific Terms and Conditions.1. Definition and
InterpretationThe C&W General Terms and
Conditions include definitions. These definitions are in
addition:"BlackBerry Internet Pay As
You Go Solution" (the "Service") 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/EDGE 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/EDGE
network."Data Service"
refers to the BlackBerry functionality provided to you as part of
the BlackBerry Internet Pay As You Go Solution. It excludes voice
and SMS usage."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 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 World-wide communications to homes,
schools, businesses and governments. The WWW runs on the
Internet."Service Delivery
Date" means the date on which We make the 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
Service that You have asked for using Our GPRS/EDGE 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 Service and We will only be held liable
for failure to operate those elements of that network in accordance
with these terms and conditions2.2 In order to use the Service, You
must have a BlackBerry Wireless Handheld and You must have
requested that We provide the Service to You by calling 07624
247247 or by coming into Our Store, thereby You agreed that We can
claim the weekly subscription charge from the balance on Your
account.2.3 The
Service is currently available throughout the Isle of Man and the
Channel Islands. The Data Service cannot be used while You are
roaming. Voice and SMS services are available when
roaming.2.4 The
weekly subscription charge includes the Data Service within the
Isle of Man and the Channel Islands only.2.5 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.3. Use of
Service3.1 The monthly subscription charge
allows unlimited use of the Data Service within the Isle of Man and
the Channel Islands.3.2 The Data Service is not available
while You are roaming.4. Term of
Service4.1 There is no minimum term for this
Service.4.2 We
have the right to suspend the Service 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 BlackBerry Internet Pay As You Go Solution to You which
You have requested in accordance with this clause 2, from the
Service Delivery Date.4.4 If You do not top up Your Sure
pay as you go account such that it goes into negative balance, this
Service will not be available. If the balance on Your account is
not enough to cover the cost of the weekly charge, the charge will
be taken in full anyway, and Your pay as you go balance will go
negative and Your account will be disabled and You will be unable
to use the Data Service, make or receive Calls (except emergency
Calls) or send or receive texts. You will then need to top up in
order to re-activate Your account. If the balance goes below -£5,
then You will need to contact Our Contact Centre by calling 07624
247247 to top up Your account and re-activate Your BlackBerry
Wireless Handheld.5.
Charges5.1 We will deduct the weekly
subscription for this Service from Your pay as you go mobile
balance. The weekly subscription entitles You to email and Internet
access for the next 7 days.5.2 Additional charges will be
incurred by You if you use the BlackBerry Wireless Handheld to make
voice calls, send SMS/MMS either within the Isle of Man and the
Channel Islands or while roaming. The charges will be standard pay
as you go mobile charges as published at www.surecw.com.5.3 We reserve the right to vary the
weekly subscription charge that applies to the Service at any time
but will give You a minimum period of 21 days notice of the same.
We may provide such notification in Our shops and on Our website at
http://www.surecw.com/.6. Illegal
Use6.1 You acknowledge that We are
unable to exercise control over the content of data accessed,
transmitted or published by You when using the
Service.6.2 You
undertake to use the Service 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
7.
Termination7.1 This agreement may be terminated
by any of the following events:7.1.1 not less than 1 (one) month's
notice given to You by Us;7.1.2 immediately by Us upon breach
of any of the terms and conditions contained in this Agreement
(including without limitation if You use the Service in a way that
is illegal or falls within any of the restrictions set out in
clause 6.2 above) by You or failure by You to pay any charge due to
Us;7.1.3 By You by
calling the Contact Centre or coming into Our shop and asking for
the weekly subscription to be ceased.8.
Security8.1 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 Service. You are responsible for the
security and proper use of Your Service.8.2 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.9. Liability9.1 We are not responsible for the
content of any material made available and/or accessible by use of
the Service.9.2.
If any information provided by You to Us 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.9.3. 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.9.4 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 Service by You
constituting any unlawful act or in the event that You use the
Service 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 Service.9.5 We do not undertake to provide
any other services other than the GPRS/EDGE Network used to provide
the Service 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 Service.
The proprietary software used and the BlackBerry Wireless Handheld
is covered by separate terms and conditions specified by Research
In Motion Limited and referred to in clause 11.2 below. We will use
reasonable endeavours to maintain the quality of the Service and to
ensure the Service 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 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.9.6 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 Service is
limited to the subscription fee payable by You for one year.
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 Service.9.7 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
Service. You acknowledge that by entering into any contract or
other obligation with any third party through the Service, We will
neither become a party to such arrangements nor assume any
liability there under.10. Temporary
Unavailability of ServiceIf 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 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.11. Intellectual
Property Rights11.1 The words or marks "Cable &
Wireless" 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 Group companies or third parties and all such
rights are hereby expressly reserved.11.2 When We supply You with the
BlackBerry Wireless Handheld, 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 Wireless
Handheld.12. 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 | | |
13. To Contact
Us
If You wish to contact Us about any aspect of
the BlackBerry Internet Pay As You Go Solution please send an email
to
contact@surecw.com or
call Our general Helpdesk on 07624 247247.