MOBILE TERMS AND CONDITIONS
MOBILE TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING TO USE OUR MOBILE SERVICES AND PRODUCTS AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND E-NETWORKS INC.
These terms and conditions govern the use of the Mobile Telecommunications Services (‘’Services’’) including but not limited to pre-paid, post-paid services and devices (handset, phone or product) provided by E-Networks Inc ( ENET) hereinafter referred to as the “Vendor” (‘’us’’, ‘’we’’, “the Provider “or “Vendor’’) and You the Subscriber hereinafter referred to as the ‘’Customer”, (’’You”, Or “Subscriber’’) collectively referred to as the “Parties’’; which forms a legally binding agreement between the parties.
“Customer” refers to the person or entity that is the customer of record, who is authorized to execute this agreement. You agree on behalf of yourself, any person on your account, an Authorized User, and any person you allow to use the Services, Product, or your Device, to be bound by these provisions. If later deemed to be unauthorized, the Customer assumes personal liability for all payment obligations.
WHEREAS: By performing any of the following, you acknowledge and agree to comply with and be governed by the terms and conditions stated herein.
By activating, using, or paying for our services or a device
Giving us a written or electronic signature or confirmation, or telling us orally that you accept
Opening the Device box
Your acceptance implies that you also agree to our Privacy Policies, which can be found at https://www.enetworks.gy/privacy-policies/ and may be changed from time to time.
If you do not want to accept these Terms and Conditions, refrain from engaging in any of the aforementioned activities.
PRIVACY AND DATA PROTECTION
Enet prioritizes the privacy and data protection of all our customers, including prepaid and postpaid customers. Our Privacy Policies cover the information we gather, how it may be used, stored and shared, and the choices you have regarding the use of your personal information, in compliance with relevant data protection laws.
SERVICE ACTIVATION AND ELIGIBILITY
- You must be at least 18 years old or have parental consent to activate Services.
- You must provide a valid identification (ID, Passport or Driver’s license) and proof of address issued within the last six (6) months.
- You agree to provide accurate and complete information during the activation process.
- We retain the right to refuse Service activation or to terminate Service if eligibility conditions are not satisfied or if fraudulent or unauthorized behavior is suspected.
USE BY CHILDREN
E-Networks Inc is concerned about the safety and privacy of all its users. Therefore, the following applies:
Minor Access: Children under 18 should not access ENet’s services without permission from their parent or legal guardian.
Service Features: Allowing a minor access to ENet Services grants them access to features like email, message boards, clubs, instant messages, and third-party content.
Appropriateness: It is the responsibility of the subscriber (account holder) to determine if the service features are suitable for a child/minor.
Access Controls: Utilize access controls provided by Enet or independently available to you to block inappropriate content for children/minors.
Supervision: Remain diligent in your supervision of any minors using the ENet’s Services and the internet as it is designed to appeal to a broader audience
Content Responsibility: ENet and licensors are not liable for content accessed by you or children/minors, even with access controls.
Accuracy Disclaimer: ENet and licensors do not guarantee the accuracy of access controls, and you agree not to hold Enet liable for any loss or damage resulting from their use.
DEVICE COMPATIBILITY AND RESPONSIBILITY
- You are responsible for ensuring that your device is compatible with our network and meets our minimum requirements.
- You acknowledge and agree that we are not liable for any potential damage to your device resulting from the use of our Services. This includes but is not limited to the following:
- Software conflicts with existing programs, leading to malfunctions and crashes.
- Security breaches that expose you to cyber threats such as malware or unauthorized access, that may result in damage or loss of data.
- Hardware compatibility issues causing performance problems such as overheating.
- Network disruptions causing data corruption or hardware damage.
- User errors during installation or configuration leading to physical damage of the device or loss of functionality. For example, mishandling the device during self-installation or improperly following instructions provided by us.
SERVICE PLANS AND BILLING
Our Service plans include voice, text, and data allowances and are defined by the selected plan at the time of your activation. The plans applicable, are as advertised on our website https://www.enetworks.gy/enet-mobile/ and may be subjected to future changes as deemed necessary by ENet.
- Our Prepaid plans are billed differently from our Post paid plans. You can review the specific features of the plans, on our website
- You agree to pay and be billed in full for the service plan of your choice
- Monthly fees and additional charges for usage outside of the plan will be billed to your chosen payment method.
- You must pay all charges indicated in these Terms, including charges incurred by anybody who acquires access to your Services, even if you did not authorize the charges.
- Changes to service plans or upgrades may incur additional charges, specific to the plan of choice.
- In the event of non-payment, we reserve the right to suspend or terminate the Services.
LATE PAYMENT & RECONNECTION
Failure to pay bills in full by the due date will result in automatic disconnection of our services in accordance with the terms and conditions.
Services will be restored upon full clearance of the outstanding payment.
Acceptance of late or partial payments does not waive our right to demand full payment by a specific date.
The subscriber acknowledges and agrees to bear any charges associated with the return of checks or instruments, including credit card charge-backs, used for payment.
In the event of non-payment or long overdue payments, you acknowledge that you may be subjected to credit collections by either us or a third-party collections agency. You agree to reimburse us for any reasonable costs and fees, including but not limited to attorneys’ fees, incurred during the collection process, to the extent permitted by law. It is important to note that, in accordance with applicable law, we are not responsible or liable for any negative consequences resulting from reporting your ENet’s’ account, payment information, or history to third-party credit reporting or collections agencies.
When issuing refunds, all relevant taxes, fees, and surcharges paid on the original amounts will be included in the total refund, regardless of the form of reimbursement agreed by the parties.
SERVICE AVAILABILITY AND QUALITY
- Activation – Your service request will be activated by us, and this Agreement will take effect on the corresponding activation date.
- Upgrades & Maintenance – Customers will be promptly notified of any planned maintenance or network downtime that may influence service availability.
- Data Speed – ENet shall provide users with internet data speeds that correspond to the advertised speeds. The average data speeds should not fall below the minimum advertised speed by more than 10%.
- Call Quality: The Provider commits to delivering clear, undistorted calls with minimal dropped call incidents. A call drop rate of up to 2% of all incoming calls is deemed acceptable.
- Network Performance -Enet would strive to provide consistent, reliable, and uninterrupted service to all subscribers (prepaid or postpaid) and future expansion of coverage areas will reduce service constraints and enhance customer experience.
Service disruptions, outages, or network performance issues would be addressed promptly, and customers will be informed of any anticipated service disruptions in advance. Compensation or alternative arrangements would be offered to customers in cases of prolonged service disruptions.
- Service Limitation – You acknowledge that the quality and availability of our service may be impacted by factors beyond our control, repairs, upgrades, modifications and or similar activities related to the network’s technology, and as such we cannot guarantee that our service will be error-free or uninterrupted.
Limitation factors include but are not restricted to the following:
- Geographical features (e.g., mountains, forests, bodies of water) that obstruct or interfere with signal propagation.
- Building structures and materials that attenuate or block radio signals, such as concrete, metal, and certain energy-efficient materials.
- Atmospheric conditions such as storms, heavy rain and fog that can degrade or impair signal transmission.
- Interference from nearby electronic devices or radio transmissions.
- Network congestion or capacity constraints in specific areas or at peak usage times.
- Coverage availability in your area
- Device limitations such as:
- Network compatibility – device must be compatible with our network technology to function properly e.g. GSM or LTE
- SIM lock – carriers may lock their device to their network via sim lock and unlocking involves fulfilling the network’s specific requirements.
- Band support – Devices need to support the carrier’s frequency bands to access optimal network coverage and speeds. Incompatible bands may result in limited connectivity or reduced network performance.
- Data plan and usage policies limitations on data usage may be imposed on the subscriber, such as data caps, throttling speeds after reaching a certain limit, or restricting specific types of data usage (e.g., tethering).
TRANSPARENT DATA USAGE MONITORING
E-Networks Inc offers reliable and convenient access to our prepaid and postpaid customers to monitor their data usage in real-time using our MYENET mobile app. This allows our customers to stay informed and prevent unexpected charges when data limits are exceeded.
ENet provides wireless telecommunication services, including voice, text messaging, and data services, within the geographical areas where our coverage is available.
Service coverage refers to the extent of network availability and signal strength in a specific location, which might vary depending on terrain, building structures, weather conditions, and network congestion.
Our present coverage area includes the following, with plans for future expansion:
- Charity to Crabwood Creek (includes East Bank Demerara)
- Linden (includes Soesdyke Linden Highway)
Enet endeavors to maintain an up-to-date coverage map, accessible on our website and /or customer service channels, to offer an estimation of the service coverage areas. However, this map is indicative and does not guarantee coverage accuracy in specific locations.
ACCEPTABLE USE POLICY
- You agree to use our Services in compliance with applicable laws and regulations.
- You must not use our Services for illegal, fraudulent, abusive, or harmful activities.
- We reserve the right to suspend or terminate Services if we reasonably believe that you have violated our Acceptable Use Policy
Device & Service
Permitted uses include, but are not limited to:
- Voice calls
- Web browsing
- Social Media Platforms
- Streaming music
- Streaming video
- Uploading and downloading applications and content to and from the Internet or third parties
- Using applications and content without excessively contributing to network congestion
- Connecting your device to other compatible devices via tethering, in accordance with the terms, conditions, and data allowances of your Data Plan.
Prohibited uses include, but are not limited to:
- Compromises network security or capacity, affects network performance, employs malicious software or “malware”, obstructs other customers’ access to the network, or otherwise negatively impacts network service levels or legitimate data flows.
- Misuses the Service, including but not limited to “spamming” or sending abusive, unsolicited, or other bulk automated communications.
- Uses applications that consume unreasonable amounts of available network capacity automatically.
- Accesses the accounts of others without authority.
- Resells the Service, either alone or in conjunction with any other goods or services
- Tampers with, reprograms, alters, or otherwise modify your Device to bypass our policies or infringe on anyone’s intellectual property rights.
- Causes harm or adversely affects us, the network, our customers, employees, business, or any other person.
- Conflicts with applicable law.
- Is not in accordance with these terms and conditions.
- Attempts or assists or facilitates anyone else in any of the above activities.
Enet has established robust customer support channels, including telephone, email support and an online chat service, that is always available to meet your needs. Our staff are fully trained and knowledgeable to assist in the resolution of any customer inquiries, concerns, record updates or technical troubleshooting.
We will endeavor to reply to customers inquiries within 24hrs and resolve any complaints within a reasonable timeframe, as specified by applicable regulation.
You accept the responsibility to report to us any service failure or concerns and our team will take action internally and escalate in accordance with our policies.
You acknowledge and agree to not hold ENet responsible for any service failures that are not reported by you.
You can reach us through any of the following available mediums:
- Contact Centre Support 592-231-3890 (24/7)
- WhatsApp 624-5153 (24/7)
- Facebook: m. me/enetworks.gy
- Email: email@example.com
DELIVERY OF PRODUCT /SERVICES
The delivery of the device, mobile service plan, physical sim, or ESIM will be at the location of purchase / sign-up.
RISK OF LOSS
The Vendor assumes the risk of loss or damage to the device or physical SIM until delivery to the Customer. After delivery, the Customer bears the risk of loss, theft, or damage for any cause during the agreement and is obligated to honor any outstanding payments as specified in this agreement, except in cases of manufacturer defects.
This agreement is personal to the Parties and neither party may, without the written consent of the other , assign this Agreement to any third party as outlined below:
The Customer is strictly prohibited from:
i) Selling, assigning, or offering this Agreement or any associated claims without written consent from the Vendor and settling of any unpaid amounts.
iii) Leasing, selling, disposing, transferring, loaning, or surrendering the Device or Product ( such as physical SIMs and mobile handset) without prior consent from the Vendor
- In the event that the Customer has any enquiries, requires any assistance, complaints and/or disputes please refer to our Call Centre Support team at firstname.lastname@example.org and it would be escalated internally to the appropriate personnel accordingly
- Failure to notify E-Networks Inc of a dispute within the allotted time frame specified by the relevant authorities means you have waived your right to challenge the issue and participate in any legal action emerging from such dispute. This limitation period may not apply where, by law, such contractual notice provisions are prohibited.
- The Provider acknowledges and agrees to first attempt to settle any dispute or complaints amicably by mutual discussions internally. Enet shall attempt to resolve the issue:
- in accordance with our internal dispute resolutions procedures and you hereby agree to fully participate in that process
- shall be resolved to the fullest extent permitted by law by the relevant authorities.
- Complaints should be resolved within the timeframe specified by the applicable regulations, unless there are extenuating circumstances that necessitate more time.
This agreement shall be governed by and construed in accordance with the laws of Guyana, excluding its conflict of law rules.
This agreement may be terminated by either party or both parties at any instant provided that the terminating party notifies the other party in advance using any means of communication deemed appropriate. Alternatively, the Customer can physically visit any of our authorized store locations for immediate termination.
TERMINATION BY US
E-Networks Inc reserves the right to modify, suspend or terminate any function or feature of service, adjust prices or charges or terminate the service entirely as deemed necessary with or without prior notice to you due to various reasons including:
- We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately. However, You will be notified of any outstanding balance and settlement arrangements made accordingly after which your prepaid /postpaid account will be closed
- Non-operation of ENet accounts for such a period as may be decided by E-Networks Inc as per its internal policy. If the balance on the account is zero then your account will be closed, after reasonable attempts were made to notify you.
- Death and incapacity and incompetence of the Customer. In which case the legal beneficiary, next of kin, administrator or estate representative (as the case may be) will be entitled to pay/claim the funds on prepaid or postpaid account, as provided for by the laws and regulations of the Cooperative Republic of Guyana
- Providing false or incorrect information.
- Suspicious activities while using the ENet services.
- Due to any other legal or regulatory requirements.
- Failure to provide sufficient information during the onboarding process or any additional documentary evidence in the future.
- Misbehavior, including abusive behavior toward employees, fraudulent or unlawful use of services, negatively affecting networks or others, unauthorized reselling, non-payment or credit risk, fraudulent acquisition or improper use of services, trespassing, and commercial gain from SIM card use.
Where we have not given prior notice, we will as soon as is practicable give notice to you of such termination/cancellation by such notification methods as we may choose, including through our Website or by giving notification via SMS or publication through any media. Such termination will be effective on and from the date specified in the notice.
TERMINATION BY THE CUSTOMER
Customers can cancel or discontinue ENet’s Services by contacting our customer service at any time , by rendering a written notice or in person at any of our branches to facilitate the closure or cancellation of your account.
Canceling a service may result in the loss of discounts achieved through service bundling and may have an impact on the functionality of remaining services.
The parties acknowledge and agree that the device and /or service is provided ‘’AS IS ’’ and ‘’AS AVAILABLE’’
Except for the express warranties set forth herein, neither party makes any representations or grants any warranties, express or implied, either in fact or by operation of law, by statute or otherwise and each party specifically disclaims any other warranties, whether written or oral or express or implied, including any warranty of quality, merchantability or fitness for a particular use or purpose or any warranty as to the validity of any patents or the non-infringement of any intellectual property rights of third parties.
The Customer acknowledges that they have inspected the device (or product) and are satisfied with its condition at the time of acquisition. The Vendor disclaims any warranty as to the condition of the device or product.
The Vendor’s above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturers, suppliers or distributors of the Device or physical SIM. The Customer acknowledges and agrees that the such warranty coverage is limited to defects in materials, design and workmanship and does not include damages caused by wear and tear, misused, accidents or unauthorized repairs. Repair or replacement under warranty does not extend or renew the warranty period.
The Customer hereby acknowledges that they have relied exclusively on their own examination and inspection, and that the Vendor has provided the Customer with ample opportunity for thorough and comprehensive examination and inspection.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You agree that the Services, including but not limited to Content, graphics, trademarks, logos, user interface, scripts and software used to implement the services, contain proprietary information and material that is owned by E-Networks Incs and /or its licensors, agents, merchants and third parties and is protected by applicable intellectual property and other laws, including but not limited to Guyana copyright act 1956 and Trademark Act and Patents and Design Act 1973. You agree that you will not use such proprietary information or material in any way whatsoever except for use of the services in compliance with this agreement. No portion of the services may be reproduced in any form or means, modified, distributed or exploited in any manner without the expressed prior written consent of E-Networks Inc .
The Customer hereby irrevocably undertakes to fully indemnify and hold harmless the Vendor, its affiliate, agents, employees, directors and service providers from and against all losses, claims, demands, liabilities , actions, proceedings, damages, fees and expenses which may arise directly or indirectly, be subjected to, incurred or suffered as a result of the Customer’s illegal, fraudulent or improper use of the Device/Services or your actual or alleged breach of this agreement. Except to the extent caused by the gross negligence or willful misconduct of the Vendor.
The obligations and liabilities under this indemnity provision shall survive the termination, expiration, or cancellation of this Agreement and shall continue in full force and effect until all claims, losses, liabilities, damages, costs, and expenses subject to indemnification have been fully satisfied.
SEVERABILITY AND WAIVER
If any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
No party shall be liable hereunder for any failure or delay in the performance of its obligations or for non-performance under this Agreement, if such failure or delay is on account of a Force Majeure Event. A Force Majeure Event shall mean any causes beyond a party’s reasonable control, including but not limited to:
- acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, inclement weather and floods);
- riot, civil commotion, strikes, go slows, lock outs or disorder, labour disputes, the unavailability of labour or materials to the extent beyond the control of the party affected,
- governmental regulations or controls, pandemics, epidemics, local disease outbreaks, public health emergencies, quarantines, acts or threats of terrorism.
- war, hostilities (whether war be declared or not), invasion, casualty, civil strife, act of foreign enemies, mobilization, requisition, or embargo
- rebellion, revolution, insurrection, military or usurped power, or civil war.
- contamination by chemicals, radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly.
In addition to any and all other events, regardless of their dissimilarity to the foregoing, deemed to render performance of the Agreement impracticable or impossible under the law, in which event the non performing party shall be excused from its obligations for the period of the delay.
LIMITATION OF LIABILITY
The Customer is responsible for taking reasonable measures to minimize any damages or losses that require indemnification of the Provider as stated in this provision. Enet’s liability is restricted to providing a credit or refund for charges paid within a specified timeframe.
The Customer acknowledges and agrees that E-Networks Inc is not an insurance provider and cannot ensure the accuracy, privacy, or security of customer information or accounts. Safeguarding their account and personal information is the responsibility of the customer.
To the maximum extent permitted by applicable law, in no event shall ENet, its agents, partners, merchants, or affiliates (and their officers, employees or contractors) be liable to you or anyone else for any direct, special, incidental, indirect, punitive or consequential damages whatsoever relating to ENET’s services and this agreement. Even if we were advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You acknowledge and accept that ENET partners, agents, merchants, and affiliates are independent contractors and that ENET shall not be liable for their acts or omissions.
ENet on behalf of itself, agents, merchants, partners, affiliates, and third parties, specifically renounces all liabilities for any damages or losses, including, direct, indirect, consequential, special, incidental, or punitive damages deemed or alleged to have resulted from or caused by but not limited to:
- Any acts of God, force majeure, government, or regulatory authorities
- damages for loss of profits, loss of data or other information, for business interruption
- personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service.
- Unauthorized usage or access as a result of sharing credentials and devices
- third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms.
- Misrepresentation, fraud or deception by any person
- Damages related to installation, maintenance, unauthorized access, interoperability, loss of information, interruptions, or events beyond its control.
ENet has the right to offer special pricing, discounted services, and free trials to its customers.
These offers may be limited to new customers or a select set of customers, and the Customer may not be qualified for all offers.
ENET reserves the right to modify, extend, revise, or cancel these offers at any moment without previous notification to the Customer.
The pricing and terms of promotional offers are strictly confidential between ENET and the relevant Customer, unless otherwise advertised.
Without ENET’s prior written authorization, the Customer is not permitted to communicate or reveal the conditions of the promotion with a third party.
AMENDMENTS AND NOTICES
We, the Provider, would notify all our customers (prepaid,postpaid etc) in advance about any significant changes to our services, including changes in pricing, terms and conditions, or network coverage. Our customers have the option to accept or reject such changes without being unduly penalized. Your continued usage of our services or payment for services after the effective date will constitute your acceptance of the changes.
The parties agree that any amendments made to this Agreement must be communicated via any method deemed practicable by the parties, included but not restricted to email, postal, SMS, bill inserts, push notification or on our websites.
ENet reserves the right to add, alter, or delete any terms, conditions, rates, or fees at its sole discretion, at any time.
This agreement contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior agreements, understandings, inducements, and conditions, express or implied, oral, or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and /or usage of the trade inconsistent with any of the terms hereof.
The parties acknowledge that they have read, understood, and voluntarily agreed to the terms and conditions of this Agreement.