AN AGREEMENT made via the Internet and in duplicate this ___ day of in the year ____ between TELECOMMUNICATIONS SERVICES OF TRINIDAD AND TOBAGO LIMITED of #1 Edward Street, Port of Spain, Trinidad (Hereinafter called "TSTT" of the One Part) and ___________________ (hereinafter called "the Customer") of the Other Part.
WHEREAS
1. TSTT is offering to the Customer Internet Roaming Facilities via access to computers and computer networks and services owned by Third Parties both locally and internationally hereinafter referred to as INTERNET ROAMING.
2. INTERNET ROAMING shall be provided to Customers who have been supplied with unique means of identification comprising a Username and password.
3. The Customer has applied for INTERNET ROAMING and TSTT has agreed to accept the Customer as a Subscriber thereto in accordance with the terms and conditions herein.
IT IS HEREBY AGREED AS FOLLOWS:
1. TERMS OF SERVICE:
1.1 Charges for the INTERNET ROAMING shall be in accordance with the rates set out in the Schedule hereto as may be amended from time to time.
1.2 All charges associated with INTERNET ROAMING shall be paid to TSTT by the Customer in addition to any Telephone Service usage charges applicable from time to time. Abatement of TSTT's charges is at the sole discretion of TSTT.
1.3 INTERNET ROAMING is provided by TSTT to the Customer for the Customer's sole use and benefit. The Customer may not assign the benefit of this Agreement or otherwise transfer the Service to a third party. In the event of any such assignment or transfer, the third party will be deemed the agent of the Customer who will remain primarily liable to TSTT for all costs and charges arising from the provision of the INTERNET ROAMING.
1.4 Billing will be rendered monthly with payment due upon receipt of the bill. Bills not paid within thirty (30) days of bill date by the Customer shall be deemed delinquent. TSTT reserves the right to suspend INTERNET ROAMING, without prior notice, to any delinquent Customer.
1.5 The Customer may not provide access to the INTERNET to third parties for reward or otherwise resell this INTERNET ROAMING.
2. DISCONNECTION OF SERVICE
2.1 TSTT may disconnect or suspend INTERNET ROAMING (the service) for any of the following reasons:
2.1.1 If the Customer is indebted to TSTT for any service previously rendered;
2.1.2 If the service is being or has been used in violation of any statute, law or of any regulation, rules or orders made under any statute or law.
2.1.3 If circumstances indicate an intention to defraud;
2.1.4 If it is discovered that the customer has engaged, or is engaging in the unauthorised access of computers, computer networks or services either locally or internationally;
2.1.5 If the service is or has been used for any profane, offensive or immoral purpose, or any purpose which in the sole discretion of the company is non-desirable;
2.1.6 If the Customer is in breach of any term of this agreement, including but not limited to default of payment of any charges herein.
2.1.7 If the service is used for voice communication or so as to avoid, evade or reduce payment of the standard changes applicable from time to time for any telecommunications services provided by the Lessor.
2.2 Without prejudice to the above, either party may terminate this agreement at any time after giving thirty (30) days written notice to the other party of their intention to do so.
3. RESPONSIBILITIES OF THE CUSTOMER
3.1 INTERNET ROAMING is supplied from the date of receipt of the relevant Client Software by the Customer. The Customer is solely responsible for the security of the User Identification (UI) from the date of receipt. If the Customer has reasonable grounds to believe that the UI has been revealed to an unauthorised person the Customer should immediately notify TSTT of this belief by telephone and confirm such notification in writing.
3.2 The Customer shall be responsible for providing all and any end user hardware required to access INTERNET ROAMING as well as any licences required therefor.
3.3 It is the Customer's responsibility to ensure that any and all equipment acquired and/or used by it is appropriate for the purpose for which is required.
3.4 The Customer shall pay promptly all charges incurred pursuant to Article 1 hereof.
4. INDEMNITIES
4.1 TSTT assumes no responsibility for the unauthorised access by customers
or users to information held by other persons or organisations participating in the INTERNET (known as "HACKING") or for any virus or harmful programme which may be introduced by a customer or user.
4.2 TSTT shall not be liable for any loss, damage or expense arising out of failure in INTERNET ROAMING howsoever caused. Nothing in this Agreement shall be construed as an undertaking or guarantee by TSTT to provide INTERNET ROAMING which is free from fault.
4.3 TSTT shall be indemnified by the Customer from and against any and all direct or indirect loss, liability, damage and expense whatsoever arising out of the use by the Customer of INTERNET ROAMING.
4.4 TSTT shall not be liable for any profane, offensive, immoral, or undesirable use of INTERNET ROAMING. Nothing in this Agreement shall be constructed as an undertaking or guarantee by TSTT to provide INTERNET ROAMING which is free of same.
4.5 The Customer shall indemnify and save harmless TSTT against all claims for libel slander or infringement of copyright licence or patent arising from the material transmitted or received via the Port hereby leased and against all other claims arising out of any act or omission of the Customer's, in connection with the said Port.
5. TERMS AND CONDITIONS OF SERVICE
5.1 TSTT reserves the right to vary the terms and conditions of this Agreement from time to time upon giving not less than forty-five (45) days written notice to the Customer.
5.2 The Terms and Conditions of telephone Service as may be amended from time to time and set out in the Telephone Directory published by TSTT shall be deemed to be and are hereby incorporated into this contract.
Do you agree with the Internet Roaming Contract above:
