Terms and Conditions (Mobile)

This Agreement sets forth the terms and conditions under which the Customer agrees to use ENet’s mobile service(s) (the “Service(s)) and under which ENet provides the Service(s).  Consumers are hereby notified that by completing the registration process, subscribing to the services provided by ENet., and accessing and/or using the ENet service(s) in any manner, they, as defined herein, acknowledge and agree to the terms and conditions of use set forth below, which they understand will result in a legally binding contract between them and ENet. The following terms and conditions are deemed to have been read by the Customer and irrevocably accepted. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES AND CONTACT US IMMEDIATELY TO TERMINATE THEM.

ENet reserves the right to not accept or proceed with a Customer’s application without the need for prior notice and/or explanation.

This is an Agreement between ENet and the Customer for the provision of mobile services on ENet’s mobile networks and/or its authorised network partners, including but not limited to post-paid, pre-paid, and roaming services. In addition to the terms and any applicable tariffs, rules, and/or regulations, this Agreement also regulates the use of any equipment, whether purchased or received by the Customer, as well as equipment owned by third parties. 

1. INTRODUCTION
   1. The provisions governing the use of the Services and/or equipment that ENet provides to the Customer are outlined in these terms and conditions (‘the Agreement’). Moreover, the Agreement is made up of these terms and conditions, in addition to the terms and conditions contained in any documents produced by ENet including any application forms or service level agreement the Customer may sign.
   2. “Customer”, “User(s)”, or “You”, means customers or anyone else who requests, utilises or accesses ENet’s Services.
   3. “Mobile Data” means ENet’s 3G, 4G, LTE or 5G services, or any other mobile data transfer technology that ENet may introduce from time to time, as the case may be.
   4. “Mobile Device” means the telecommunications equipment or device through/ by/ on which the Customer receives the Service.
   5. “Service” or “Services” refer to the mobile service including without limitation Mobile Data, post-paid, pre-paid and roaming services on ENet’s mobile networks.
   6. ENet may amend, modify or substitute this Agreement at any time not without prior written notice to the Customer. The Customer’s continued use of any Service after such amendment, modification or substitution constitutes the Customer’s acceptance of any new terms and conditions. ENet recommends that the Customer visits ENet’s website regularly to check for any updates and/or amendments to this Agreement and ENet shall not be responsible for the Customer’s failure to do so.
   7. ENet reserves the right to periodically establish guidelines, regulations, and restrictions pertaining to the use of any Service, all of which will be included into and form part of these terms and conditions. At ENet’s exclusive discretion, the Customer’s service may be restricted, disconnected, or terminated for noncompliance.
   8. ENet shall provide the Services to the Customer as requested in the application form hereof and as outlined in this Agreement.
   9. As a condition of the use of the Service, the Customer warrants that he/she will use the Service in accordance with ENet’s Acceptable Use Policy, included on ENet’s website and incorporated herein by this reference to form part of this Agreement. This Acceptable Use Policy may be updated from time to time at ENet’s sole discretion and without any need for notice to the Customer.
   10. The Services and all data, documents and materials owned by ENet and/or on ENet’s website and app are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All of ENet’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will at all times remain the exclusive property of ENet. This Agreement does not grants the Customer the right or license to use and/or display any of ENet’s marks.
   11. The privacy policy included on ENet’ website and incorporated herein by this reference to form part of this Agreement applies to all Customers and the Customer hereby warrants that he/she will abide by same.
   12. ENet will notify the Customer of any variation, amendment, modification, deletion or addition to any terms and conditions of this Agreement, subject to any statutory requirement issued by the Public Utilities Authority, Telecommunications Agency and/or other relevant regulatory body.
   13. The Agreement is personal to the Customer. The Customer remains responsible for complying with the Agreement and the Customer may not pass any of the Customer’s rights or obligations to anyone else, even if the Customer gives them the Mobile Device or equipment, or SIM Card, unless ENet gives the Customer its prior written consent.
   14. Customers are encouraged to retain a copy of this Agreement for their records.
2. DELIVERY DATE AND TERM
   1. This Agreement shall take effective from the date on which ENet activates the Service requested by the Customer (‘effective date’).
   2. This Agreement shall be valid for an initial period of one (1) year from the effective date but the Agreement will remain in force automatically thereafter on a yearly basis unless terminated by either party in accordance with the provisions of this Agreement (‘the Term’).
3. AVAILABILITY OF SERVICES 
   1. Service is available only when the Customer’s device is within the operating range of ENet’s mobile system or of an operator with which ENet has an applicable roaming agreement. The Service may be interrupted by equipment failure, modification, upgrade, relocation, repair, force majeure events and/or similar activities. The Service is also subject to transmission interference caused by atmospheric or topographical conditions.
   2. In order to maintain the quality of the Services, ENet may at any time take any action that is required to maintain the service features offered under the Services, SIM, or equipment, including asking the Customer to use a password in order to use the Service.
   3. 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.
   4. ENet reserves the right to offer, change, rearrange, add, delete or otherwise modify the Services at any time, with or without prior written notice to the Customer, subject to applicable laws. This may include changing, rearranging or otherwise modifying the various packages and any other feature, and/or services offered.
   5. ENet reserves the right through remote or other means to periodically update, monitor, upgrade, change or discontinue the software used to support the Services and to make related changes to the settings and software.
4. USE OF SERVICES
   1. The Service is confined to the Customer’s own use and not for resale of any form of telecommunication service. If this restriction is not followed, ENet reserves the right to immediately terminate the Service at its sole discretion. By accepting this agreement, the customer acknowledges that ENet retains the right to alter any allocated mobile number at any time and that the customer has no proprietary or other rights in any such number.
   2. It is the Customer’s responsibility to ensure that their Device is technically compatible with ENet’s mobile system and conforms with all applicable rules and regulations prescribed by ENet or any Governmental or other regulatory authority.
   3. If the Customer purchases a mobile device or equipment from a third party, the Customer comprehends and agrees that the said mobile device or equipment, does not form part of the Service and therefore, the Customer is solely responsible for any repairs to the said mobile device or equipment and for ensuring that it is compatible and can be used with any Service the Customer has subscribed to.
   4. If the Customer subscribes to the Service but use a mobile device or equipment not provided by ENet, that mobile must comply with standards to be determined by ENet. ENet cannot guarantee provision of the Service to the Customer when he/she uses a mobile not supplied by ENet.
   5. The Customer hereby acknowledges and agrees that mobile devices purchased by the Customer from other carriers may be locked to their network via SIM lock and unlocking involves fulfilling the carrier’s specific requirements.
   6. The Customer understands and agrees that any mobile plan selected by the Customer shall be automatically renewed once this option is selected in the My Enet App when he/she activates the plan. This process is contingent upon the availability of an adequate wallet balance to cover the value of the plan. Any unused bundle value shall be carried forward, up to the prescribed maximum limit, unless a transition is made to a downgraded plan, in which case the unused value shall be forfeited.
   7. Further to Clause 3.6, the Customer understands and agrees that the Customer will be required to purchase the Services manually by accessing the ENet app and/or any other method that may be prescribed by ENet, at its sole discretion thereof.
   8. The Customer understands and agrees that when the Customer’s Service expires before the expiration date as a result of the Customer’s usage, the Customer may continue to access the Services by purchasing an add-on plan or topping up their wallet balance for voice services.
   9. The Customer understands and agrees that the Service will expire on the last day of the relevant Validity Period. Upon the expiry of any existing Validity Period, all unused bundled value and benefits (e.g. data, call SMS etc.) will be rolled over when the Customer activates a new plan, subject to the maximum limit. Except for instances whereby the Customer switched to a downgraded plan, then any unused bundle value will be forfeited.Maximum Limit: The cumulative bundled value eligible for rollover shall not surpass three (3) months. By accepting these terms, the Customer acknowledges that any plan exceeding the Maximum Limit shall be forfeited, and the Customer hereby waives any claims against ENet on such forfeiture.
5. QUALITY OF SERVICES 
   1. ENet has the right to change or disconnect the Services provided to the Customer where ENet reasonably determines that any technical modification to the network or change in trading, operating or business practices or policy is necessary to maintain or improve the Services. The Customer acknowledges and accepts that this shall be done without need for prior notice to be given to the Customer by ENet, unless otherwise required by law.
   2. Where ENet offers services that have unlimited data consumption, this does not mean that these tariffs are free from network management protocols which are placed to manage excessive or above average data consumption. All of the Services offered by ENet have systems in place to ensure that at times of peak network activity users who consume substantially more network resource than the majority may have their connection throttled or slowed down. All Services offered by ENet have systems in place to ensure that at times of peak network activity, Customers who consume substantially more network resource than the majority may have their connection throttled or slowed down.
   3. The Customer hereby acknowledges and agrees that ENet shall not be responsible for any loss, misappropriation and/or disclosure of any sensitive information which the Customer transmits utilising ENet’s Network. Moreover, non-proprietary services or their effects on Devices are not under ENet’s control. The Customer understands and agrees that Caller ID blocking is not available when using ENet’s Mobile Data Service, and further that the Customer’s number may be transmitted to Internet sites in which the Customer visits. As a result, Customer may receive unsolicited messages from third parties and a charge for these messages may apply (i.e., data charges for downloading these emails and applicable attachments) whether the message is read or unread, solicited or unsolicited.
6.  CHARGES AND RATES
   1. Charges attached to the Services shall be based on approved rates published by ENet from time to time including but not limited to ENet’s website.
   2. Charges shall be applicable to completed calls and for the purpose of this Agreement, a call is completed if it is answered by a person or by some device such as a fax machine, computer modem, answering machine, voice mailbox system and/or any other device.
   3. Charges for outgoing calls for both local and roaming will be charged by the minute. If any fraction of a minute is used, it will be rounded upwards to the next minute.
   4. The charges as stated in Clauses 4.2 and 4.3 may change from time to time and as directed by ENet through notification.
   5. If applicable and once consistent with the laws of Guyana, the Customer will also pay any applicable tax, fee or other charges imposed on ENet for the use of the spectrum or otherwise. Such tax, fee or other charges shall be added to the Customer’s invoice.
   6. The Customer acknowledges and agrees that ENet may amend their charges from time to time, subject to ENet giving the Customer prior written notice, which shall mainly be included on ENet’s website or any other method subject to the applicable Telecommunications Act or Regulations.
   7. The Customer acknowledges and certifies that they been billed at the customer type that they have advised ENet – Consumer or Business – and Customer assumes any and all liabilities relevant to the payment of taxes, as applicable.
   8. The Customer acknowledges and accepts that when using the Service outside of ENet’s 5G network, roaming fees may apply. The Customer acknowledges that the device’s display will not show whether roaming fees are being charged. The ability to use the Service while roaming depends on the roaming carrier’s support for the relevant network features and technologies. While roaming, some of the Service’s features might change or not be available in some countries and with certain carriers. ENet does not guarantee availability, quality of coverage, or services while roaming. As a result, the customer hereby indemnifies and holds ENet blameless from any loss the Customer may incur. The Customer acknowledges and accepts that due to carrier reporting delays, ENet’s billing for international roaming consumption may be delayed by up to three (3) months. As a result, even in the event that the invoice is issued by ENet after a protracted delay, the Customer represents and warrants that they will bear full responsibility for all roaming fees.
   9. Some rate plans may include unlimited or limited voice, data or text messages between ENet’s Customers for a fixed fee. The Customer acknowledges and accepts that certain services or volumes of usage more than normal may be outside of the plan chosen and the Customer thus acknowledges and accepts that the Customer would be charged additional fees by ENet. It is solely up to the Customer to check what types of usage are included in the plan.
   10. Third party content or services may be billed directly on the Customer’s invoice. The Customer may be charged monthly on the Customer’s invoice for all transactions entered into during the previous billing period(s). Customers shall be solely responsible for any fees incurred by third parties who utilise their payment or account information. Customers can visit any ENet store or get in touch with ENet’s Call Centre with any enquiries they may have regarding their past transactions.
   11. ENet, at its sole discretion, may terminate the account of any Customer who seeks refunds on improper grounds. Transactions on prepaid services will be deducted from the Customer’s plan allotment or wallet balance at the time of the transaction. Each plan includes a specified amount of free voice, data and SMS based on the chosen plan’s value. If the Customer’s balance is insufficient at the time of the transaction, the Customer will not be able to complete the transaction and/or receive the requested Services.
7. USAGE AND SECURITY DEPOSIT
   1. Depending on the type of Service the Customer chooses and any applicable ENet policies and procedures, ENet may charge a security deposit and/or a usage advance.
   2. If the Customer must pay a usage advance, the amount of the advance will be discussed and agreed upon with the Customer.
   3. The Customer acknowledges and agrees that he/she must Top Up or activate a plan on the mobile number associated with the SIM Card in order to continue the use of the Services. If the Customer doesn’t comply, ENet has the right to disconnect the SIM Card from its network at its sole discretion. The Customer also acknowledges and agrees that the SIM Card’s associated mobile number may be reallocated to another Customer at ENet’s sole discretion after one (1) year of inactivity. After a number is reassigned, ENet will not be obligated to return same to the Customer.
   4. The Customer will not be allowed to incur charges in excess of the usage advance paid, but if such charges are incurred, the Customer will be liable for them. The Customer must inform ENet if and when they want to adjust the usage advance amount.
   5. Pursuant to Clause 5.3, the Customer acknowledges and agrees that once the SIM Card is disconnected and/or the Agreement is terminated, any credit in the Customer’s account will be forfeited. If the Customer is disconnected and wish to be reconnected, the Customer may need a new SIM Card and mobile number which can be obtained at an additional cost. Once disconnected, ENet will be under no obligation to provide any refund for the credit that may be remaining on the SIM Card or provide the Customer with the same number.
   6. Security deposits will only be used at the time of closing an account and can be used to clear an outstanding invoice or reimbursed to the Customer.
   7. In instances where the Customer is required to make a security deposit, this amount will be determined by ENet, at its sole discretion, and shall be payable upon notification by ENet to the Customer and the amount received will be displayed on their monthly invoice. The payment of a security deposit does not absolve the Customer from meeting ENet’s requirements regarding timely payment of invoices upon presentation, nor does it alter ENet’s standard procedure regarding service termination in the event that the Customer fails to pay any outstanding balance owed to ENet.
   8. The Customer acknowledges and agrees that he/she will be liable for all charges for the Services provided to him/her, whether or not used by the Customer, or used by another person with or without the Customer’s knowledge or consent and irrespective the use or transmission of the Services was successful unless it can be proven that it was as a result of ENet’s gross negligence or a default in ENet’s system.
   9. The Customer may only use the Services: –
      
      1. As stated in this Agreement; and
      2. For the Customer’s personal use. This means that the Customer must not resell or commercially exploit any of the Services.
   10. The Customer is restricted from using the Services, or allowing anyone to use the Services for illegal, improper, defamatory, or unlawful purposes which may include:
       • Whether or not the Customer is compensate to provide this information, to create, use, copy, download, or provide any directory of ENet’s users or any other user or usage information to an individual or organisation;
       • To transmit any message which is obscene or offensive in nature or is abusive, defamatory, menacing, harassing, threatening or unlawful in any other way;
       • To falsify or remove any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file uploaded by the Customer;
       • To violate any security or other safeguards or in any way which damage or interfere with ENet’s network or the networks or systems of others;
       • To use the Services in a manner that is in breach of any regulatory requirements or any laws of Guyana; or
       • Anything that is protected by copyright, unless the Customer has express permission from the copyright owner.
   11. The Customer acknowledges and accepts that ENet, at times, may have to:
       
       1. alter the number associated with the SIM, or any name, code or number associated with the Service;
       2. suspend the Service for operational reasons, in cases of emergency, or for the Customer’s security; or
       3. bar certain numbers from the Service in order to prevent fraud and/or in circumstances where ENet would suffer direct loss. As such, the Customer acknowledges and accepts that ENet will have no liability as a result of this.
   12. The Customer acknowledges and agrees that a breach of Clauses 5.11 will be for the sole account of the Customer and as such, any associated costs will be solely borne by the Customer.
8. AVAILABILITY OF AND CHANGES TO SERVICE 
   1. The Customer acknowledges and agrees that the Service selected by the Customer may not be available in all areas or at the rates, speeds, or as generally advertised by ENet, and some locations may not qualify for the Service. The speeds available to each device connected to ENet’s network may vary depending upon the type, configuration of devices using the Service or the type of use, among other factors. The speed of the Service may vary based on network or internet congestion, or devices configuration, customer use of video on demand (VOD) or real time entertainment services, or the coverage distribution inside of customer location, among other factors.
   2. ENet does not guarantee fault-free Services. There may be situations where the Services are not continuously available or information is not duly transmitted to, and received by, the Customer or the quality is affected, including without limitation:
      
      1. when ENet needs to perform any upgrading, maintenance, or other work on its network or to the Services;
      2. calls and data session may not be maintained when the Customer moves from ENet’s network to any other network of another provider to facilitate local or international calls.
      3. factors outside of ENet’s control, such as the features or functionality of the Customer’s mobile device, regulatory requirements, lack of capacity, interruptions to the services from other providers, faults in other communications networks, weather or radio interference; or
      4. when the Customer is outside Guyana or in areas not covered by ENet’s networks in which case the Service relies on other provider networks which ENet has no control.
9. CUSTOMER SUPPORT
   1. ENet has established robust customer support channels, including telephone, email and an online chat service, that is always available to meet the Customer’s needs. ENet’s staff are fully trained and knowledgeable to assist in the resolution of any customer inquiries, concerns, record updates or technical troubleshooting.
   2. ENet endeavours to reply to Customers’ inquiries within twenty-four (24) hours and resolve any complaints within a reasonable timeframe, as specified by applicable laws and Regulation.
   3. The Customer acknowledges and accepts the responsibility to report to ENet about any service failure or concerns and ENet’s team will take action internally and escalate in accordance with ENet’s policies.
   4. The Customer acknowledges and agrees to hold ENet harmless for any service failures that are not reported by the Customer to ENet.
   5. The Customer can report an issue through any of the following available mediums:
      • Contact Centre Support: +592-231-3890 (24/7)
      • WhatsApp: +624-5153 (24/7)
      • Facebook: https://m.me/enetworksgy/
      • Email: customerservice@enetworks.gy
   6. Customers will be promptly notified of any planned maintenance or network downtime that may influence service availability via the above-mentioned mediums.
   7. ENet prioritises the privacy and data protection of all its Customers, including prepaid and postpaid Customers. ENet’s Privacy Policies cover the information gathered, how it may be used, stored and shared, and the choices the Customer has regarding the use of their personal information, in compliance with relevant data protection laws. This Privacy Policy can be found on ENet’s website.
10. BILLING AND PAYMENT
    1. Service plans include voice, text, and data allowances and are defined by the selected plan at the time of the Customer’s activation. The plans applicable, are as advertised on ENet’s website https://www.enetworks.gy/enet-mobile/ and may be subjected to future changes as deemed necessary by ENet.
    2. The billing period will be the calendar month the Customer activates the Service (first day to the last day). The Customer is responsible for the payment of all charges for the Service, including but not limited to toll charges, and charges for service features.
    3. Except where charges are payable in advance, the Service will ordinarily be charged in arrears on a single monthly invoice. Changes to service plans or upgrades may incur additional charges, specific to the plan of choice.
    4. Invoices will be sent via email and will include a summary breakdown of charges by type and Customers will receive a link to a portal where they can access detailed call and data records for any of their accounts.
    5. Invoices are sent to Customers on the 5th of the new month and payment reminders are sent via SMS and email.
    6. All bills rendered to the Customer must be paid in full on or before the due date shown on the invoice or indicated by ENet. If an invoice is delayed or otherwise, it is the Customer’s sole responsibility to make contact with ENet to verify the amount due and owing by the Customer. Where payment is made by cheque or credit card or other instrument, ENet may charge the Customer a return fee if the cheque or credit card and/or other instrument is dishonoured.
    7. Customers can suspend their service at any time but unless an account is suspended on the 1st of the month, the Customer will be charged their subscription fee.
    8. Upon suspension by ENet, prompt payment of the outstanding amounts will ensure restoration of the Service. Nonpayment of invoices after suspension in the stipulated time as indicated by ENet, at its sole discretion thereof, will result in permanent disconnection from ENet’s network. The Customer acknowledges and agrees that there may be additional costs associated with reapplication for the Service. The Customer shall indemnify and hold ENet harmless for any loss or damage the Customer may incur during the period of disconnection or suspension.
    9. In the case of prepaid service, no invoice will be sent to the Customer and network access will be terminated where the Service is deemed to be inactive by ENet, i.e., if the Customer has a zero balance on their account for a period in excess of the period prescribed by ENet and/or the value of the prepaid credit on the Customer’s account has expired and has not been renewed for a period in excess of the period prescribed by ENet, at its sole discretion thereof.
    10. The Customer must notify ENet of any contested charge prior to the due date for payment stated on the invoice in which such charge appears. Charges in the same invoice which are not contested shall be paid on or before the due date. If after investigation, it is established to ENet’s satisfaction that the whole or any part of any contested charge is legitimate, then the Customer must pay such charges on the due date shown in the next invoice.
    11. ENet is committed to ensuring that its billing system is accurate and reliable. ENet’s records are sufficient proof that a charge is payable unless it is shown to be incorrect.
    12. If a Customer has more than one (1) account with ENet, such Customer may transfer any credit balance under any of the accounts to settle the outstanding charges under any other account or vice versa and/or ENet may transfer any outstanding charges under ENet account to any other.
    13. The Customer acknowledges and agrees that ENet, at its sole discretion thereof, may send invoices in any format ENet chooses including without limitation email invoices, and/or SMS invoices. To ensure the Customer can continue to receive the invoice, it is the Customer’s responsibility to notify ENet of changes in email address or contact ENet if the Customer does not receive the email, and/or SMS invoice.
    14. Acceptance of late or partial payments does not waive ENet’s rights to demand full payment by a specific date.
    15. In the event of non-payment or long overdue payments, the Customer hereby acknowledges that he/she may be subjected to credit collections by either ENet or a third-party collections agency. The Customer agrees to reimburse ENet for any reasonable costs and fees, including but not limited to attorneys’ fees, incurred during the collection process, to the extent permitted by law. In accordance with applicable law, ENet is not responsible or liable for any negative consequences resulting from reporting the Customer’s ENet’s account, payment information, or history to third-party credit reporting or collections agencies.
    16. 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.
    17. In the event that the Customer has any enquiries, requires any assistance, complaints and/or disputes with regard to billing, they must contact ENet’s Customer Support team at any of the channels listed and it will be escalated internally to the appropriate personnel accordingly:
    • Call Centre: 231-3890
    • Email: customerservice@enetworks.gy
    • Website: http://www.enetwork.gy/report-problem/
    • Online Chat: visit our website https://www.enetworks.gy/, then select the ‘’Chat with an Agent’’ button
    • Social Media Channels:
    • Whatsapp: 624-5153
    • Facebook: https://www.facebook.com/enetworksgy
    • Instagram: https://www.instagram.com/enet_gy/
    • Retail Store: https://www.enetworks.gy/contact-us/
    • When lodging an issue /complaint, it must at minimum contain the following supporting information:
      
      1. Account Number
      2. Registered Email
      3. Registered Mobile
      4. Case Category: g. Technical Support/ Customer experience
      5. Case Type: category of service e.g. mobile service
      6. Subject – brief description of the issue
      7. Description – a clear narrative of the issue/ complaint at hand
    18. Customers should provide all relevant documentation related to the dispute, including but not limited to invoices, account statements, screenshots, and correspondence with customer service representatives. ENet’s representative will reach out to the Customer and where appropriate the Customer may be asked to provide additional information/documentation of the matter.
    19. A ticket reference number will be provided to Customers where applicable for follow-up purposes and the Customer will be advised accordingly. This will be closed upon resolution of the issue and the Customer will be notified via their preferred communication channel (via phone call, email, WhatsApp etc.)
    20. Failure to notify ENet of a dispute within the allotted time frame specified by the relevant authorities means the Customer has waived their 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.
    21. ENet acknowledges and agrees to first attempt to settle any dispute or complaints amicably by mutual discussions internally. ENet shall attempt to resolve the issue:
        
        1. in accordance with internal dispute resolutions procedures and the Customer hereby agrees to fully participate in that process;
        2. shall be resolved to the fullest extent permitted by law by the relevant authorities; or
        3. complaints should be resolved within the timeframe specified by the applicable regulations, unless there are extenuating circumstances that necessitate more time.
11. POSTPAID SERVICES
    1. Commercial plans are split into 3 different types: Consumer, Corporate, and Data Only. Each plan has access to voice and data services but data-only plans do not include bundled calls or SMS and are built to use in IOT devices and tablets.
    2. Each Customer can fully customize their credit limit to any figure they choose per plan and this limit sets the ceiling for the total amount of out-of-bundle charges that the Customer can incur in a calendar month.
    3. Credit limits are reset at the beginning of each month and can be raised permanently or temporarily.
    4. If the Customer exceeds the Customer’s established limit without entering into an acceptable arrangement, ENet may suspend the Customer’s Service.
    5. Upon activation of a new account or the re-activation of an old account, the Customer’s bundles and monthly fee will be prorated based on the amount of days remaining in the calendar month.
    6. Customers can convert from prepaid to postpaid or vice versa and keep their number.
12. MOBILE DEVICES AND SIM CARDS
    1. When the Customer’s mobile device is activated on ENet’s network, the Customer will receive a Subscriber Identity Module which may be in the form of a physical or digital SIM also known as an eSIM (“SIM Card”). The Customer acknowledges and agrees that the SIM Card serves to identify the Customer to ENet. The SIM Card stores information about the Customer’s mobile number, service information and registration details and it provides the memory for the Customer’s phone book and stored messages. The Customer understands and agrees that the Service will not work without the SIM Card.
    2. If the Customer makes calls on other Devices, using the Customer’s SIM Card such calls will automatically be charged to the Customer’s account.
    3. If applicable, the physical SIM Card is the Customer’s property and therefore, the Customer has the sole obligation to ensure the SIM Card is kept safe and in good condition. The Customer understands and agrees that any theft, loss, damage and/or destruction to or deletion of the SIM card will be the Customer’s sole liability. In order to have the SIM Card replaced, the Customer must visit any ENet store and present the necessary identification to facilitate the replacement process. Currently, no fee is charged for the replacement; however, Enet reserves the right to impose a replacement fee at its discretion in the future.
    4. The Customer must contact ENet and arrange for the Service to be suspended if the SIM Card has been stolen. The Customer is responsible for all charges connected with the lost, misplaced and/or stolen Mobile Device and/or SIM Card until ENet disconnects the Service to the lost, misplaced or stolen Mobile Device and/or the SIM Card, following the Customer’s report. The Customer will still be required to pay all charges incurred up to the point of disconnection.
    5. The Customer agrees to take adequate precautions to prevent damage to, or unauthorised use or theft of, mobile device and the SIM Card.
    6. If a Customer’s mobile and/or SIM Card is lost, stolen, deleted and/or damaged, he/she must contact ENet’s Customer Support department immediately and upon a report, ENet will bar the mobile device from making or receiving any calls or deactivate the SIM Card.
    7. The Customer acknowledges and agrees that ENet does not track the Customer’s mobile device if lost or stolen unless requested to do so by a competent authority, subject to the laws of Guyana. As such, the Customer hereby authorises ENet to provide such information to the competent authority by any means of communication, including but not limited to electronic data transmission, call logs, text messages, all information concerning the above-mentioned “mobile number(s)”, including but not limited to the Customer’s name and address, and/or some or all of the data contained in the application form submitted by the Customer. The Customer understands that such competent authority may further share the data, without ENet’s consent or knowledge, with third parties and as such, the Customer hereby releases ENet from all loss, damage and/or liability in connection with the provision of data to such competent authority and assumes responsibility for all consequences and any damages that may arise at any time due to use of the Data by any such third party.
13. ROAMING
    1. The Customer acknowledges and agrees that using the Mobile Device or the SIM Card for the provision of Services while travelling outside of Guyana will automatically result in charges. The Customer also acknowledges and agrees that any billable incident that occurs while roaming will result in them having to pay the applicable roaming fees, which ENet will decide at its sole discretion. Placing an outgoing call, accepting an incoming call, checking voicemail, receiving a voicemail (even if the Customer does not check the voicemail), receiving an email and/or instant message (even if same are not read or opened), browsing the internet or social media, streaming media, software updates that might occur in the background without the Customer’s knowledge, and sending and receiving SMS are all considered billable incidents for the purposes of this agreement.
    2. Further to Clause 12.1, the Customer acknowledges and agrees that voice, SMS, and data used while roaming are not included in the Customer’s selected monthly plan and therefore will not be deducted from the Customer’s monthly plan.
    3. ENet reserves the right to provide roaming service based on a Customer’s credit rating and history.
    4. The Customer acknowledges and agrees that the display on a Customer’s Mobile Device will not be indicative of whether the Customer is incurring or will subsequently incur roaming charges. When roaming, using the Services will rely on whether the roaming carrier supports the relevant network features and technologies. While roaming, some features of the Service can differ or not work at all in certain countries and with some carriers. As a result, the Customer acknowledges and agrees that ENet does not guarantee availability, quality of coverage, or the Services while roaming. Services will be available subject to the foreign operator’s network conditions as well as regulatory guidelines applicable from time to time, over which ENet has no control. Additionally, the Services will be available subject to compatible mobile devices. ENet therefore cannot and does not guarantee and makes no representation that the Service will always be available or fit in terms of the coverage, reception quality, connectivity as the Service is offered on best effort basis while the Customer is roaming. ENet will not be liable for the coverage, reception, quality, connectivity relative to the Service.
    5. All charges for the Service will be billed to the Customer’s account and reflected on their next invoice for postpaid Customer.
    6. If the Customer has a prepaid account, all of the charges for the Service will be deducted on a pay-as-you-go basis from the Customer’s prepaid account balance.
    7. The Customer acknowledges and agrees that there can be a delay in the billing for the Service for postpaid accounts because the information must first be provided to ENet from the overseas network operator. Any delay in billing, however long it may be, does not affect ENet’s right to charge the Customer for the Service, and the Customer hereby agrees to pay all charges in full when they become due.
    8. The Customer will be liable for all charges billed to the his/her postpaid account and/or deducted from his/her prepaid balance while roaming. The Customer is responsible for all charges incurred through the use of his/her Mobile Device or SIM until such time that the Customer advises ENet, in writing, that his/her Mobile Device or SIM has been lost or stolen and same has been registered in ENet’s system.
14. PROMOTIONAL TERMS AND CONDITIONS
    1. Promotional offers are open to legal residents of Guyana meeting the age requirements (over the age of 18).
    2. Employees and their immediate family members (spouse, parents, children, aunts, uncles, Grandparents and siblings) of ENet are not eligible to participate.
    3. Customers must present proof of purchase (receipt) in order to redeem any prizes offered as part of the promotion.
    4. The promotional period begins and ends as specified in the promotional ads/materials. All entries must be received by the specified deadline to be eligible for participation.
    5. Participants must follow the instructions outlined in the promotional materials. Multiple entries from a single participant may be void unless explicitly allowed.
    6. Winners will be selected based on criteria outlined in the promotional materials. ENet reserves the right to make the final decision on all matters related to the promotion.
    7. Prizes are non-transferable and may not be redeemed for cash or other alternatives unless specified otherwise. ENet reserves the right to substitute a prize of equal or greater value at its own discretion.
    8. Winners will be notified via the contact information provided during entry. If a winner cannot be contacted within fourteen (14) days or submits an ineligible entry, an alternate winner may be selected.
    9. Acceptance of the prize constitutes permission for ENet to use the winner’s name and likeness for promotional purposes without additional compensation, except where prohibited by law.
    10. These offers are not guaranteed and ENet reserves the right to modified, extended, altered, or cancelled at any time. Where this is done, ENet may provide the Customer with adequate notice of such change and/or disconnection of the Service.
    11. By participating, participants agree to abide by these terms and any additional rules outlined in the promotional ads/materials.
    12. ENet is not responsible for any lost, late, incomplete, or misdirected entries or for any technical malfunction that may occur.
    13. Winners can contact:
        E-Networks Inc.
        220B Camp Street,
        Georgetown, Guyana
        T: +592 231 3890
        E: sales@enetworks.gy
        W: www.enetworks.gy
    14. Pricing of promotional offers for services is considered as confidential information between ENet and a specific Customer and the Customer shall not share or disclose the terms of the promotion offered to the Customer with a third-party without the prior written consent of ENet.
15. CONFIDENTIAL INFORMATION
    1. 1. “Confidential Information” means all information regarding either party’s business which has been marked or is otherwise communicated as being “proprietary” or “confidential” or which should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, confidential information shall include, even if not marked, the agreement, software, promotional materials, proposals, quotes, rate information, discount information, customer information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance) and invoices, as well as the parties’ communications regarding such items.
       2. All confidential information shall be kept by the receiving party in strict confidence and shall not be disclosed to any third party without the disclosing party’s express written consent. Notwithstanding the foregoing, such information may be disclosed:
          
          1. to the receiving party’s employees, affiliates, suppliers and agents who have a need to know for the purpose of performing the agreement, using the services, rendering the services, and marketing related products and services (provided that in all cases the receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, suppliers and agents to assure against unauthorized use or disclosure); or
             
             1. already known to the receiving party without a pre-existing restriction as to disclosure or becomes publicly available without fault of the receiving party;
             2. rightfully obtained by the receiving party from a third party without restriction as to disclosure, or is approved for release by written authorization of the disclosing party;
             3. developed independently by the receiving party without use of the disclosing party’s confidential information; or
             4. required to be disclosed by law or regulation.as otherwise authorised by the agreement. Each party agrees to treat all confidential information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care. Notwithstanding the foregoing, each party’s confidentiality obligations hereunder shall not apply to information that is:
       3. Notwithstanding the foregoing, the Customer acknowledges and agrees that:
          
          1. ENet may make references to the fact that the Customer is a Customer of ENet and the general nature of Services that the Customer purchases from ENet; and
          2. ENet may disclose the agreement to a potential purchaser in connection with a sale of all or a portion of its business or assets, including in connection with a merger or reorganisation. The non-breaching party shall be entitled to seek equitable relief to protect its interests, but not limited to, injunctive relief.

    PERMITTED DISCLOSURE

    4. The Customer expressly grants ENet permission to disclose personally identifiable information relating to Customer or Customer’s Account in response to a:
       
       1. government summons or warrant issued in a civil or criminal investigation or litigation;
       2. civil investigative demand issued by a government entity; or
       3. court order.
    5. The Customer further agrees that ENet may also disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.
    6. ENet is not responsible for any information provided by the Customer to third parties. The Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the services. However, this does not pertain to Confidential Information, which the Customer is bound to ENet by this Agreement.
16. INDEMNIFICATION
    1. The Customer agrees to defend, indemnify and hold harmless ENet, associate companies, directors, employees, independent contractors and/or agents (‘ENet’s entities’) from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to:
       
       1. the use of the Services, the equipment or Mobile Devices by the Customer (including its employees, agents and other users who access Customer’s account) or otherwise arising out of the use of the Customer’s account, the Services, equipment or Mobile Devices;
       2. breach of the Agreement; and/or
       3. violation of applicable law, including laws relating to libel, slander, protection of patents, copyrights, trademarks and other intellectual property rights.
    2. ENet reserves the right to disconnect or terminate the Service, and/or remove content from the Service, if ENet determines, in its sole discretion, that the Customer’s use of the Service does not conform to the requirements set forth in the Agreement, interferes with ENet’s ability to provide the Service or violates any laws or regulations. ENet’s actions or inaction under this section shall not constitute review or approval of any use of the Service or content transmitted by the Customer. The Customer agrees to indemnify and hold ENet harmless from and against all liability arising from the content transmitted by the Customer (or anyone using the Customer’s account) by use of the Services.
    3. Further, the Customer agrees to defend, indemnify, and hold harmless ENet from and against all liabilities, costs, and expenses, including reasonable attorney’s fees, related to, or arising from:
       
       1. any violation of applicable laws, regulations or this Agreement by the Customer or any parties who use the Customer’s account, with or without permission, to access the Service;
       2. the use of the service, equipment or mobile devices or the placement or transmission of any message, information, software, or other materials on the Internet by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service);
       3. negligent acts, errors, or omissions by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service); or
       4. claims for infringement of any intellectual property rights arising from the use of the Service, equipment, or mobile device.
    4. The Customer is responsible for all information received, transmitted, and/or stored by the Customer and the Customer hereby releases ENet from and agrees to indemnify ENet against all claims, losses or expenses relating to such information, materials, and language.
    5. Clauses 15.3 and 15.4 shall survive the termination and/or expiration of this Agreement.
17. WARRANTIES
    1. The Customer hereby represents and warrants to ENet as follows:
       
       1. that the Service will only be used for lawful purposes and the transmission of any material or information arising from the use of the Service will not violate any applicable laws or regulations of Guyana;
       2. ENet may, at its sole discretion and without notice, effective immediately disconnect or terminate the Service if the Customer fails to pay any charge or other amount due hereunder;
       3. should ENet in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service;
       4. if the Customer otherwise commits a breach of any term of this Agreement; or
       5. if the Customer (or any third party, with or without the Customer’s knowledge) uses the Services in a way which ENet reasonably thinks may damage or negatively impact the operation of ENet’s network, the Services, other users of the service or a third party’s network.
    2. No disconnection or termination of the Service will terminate or relieve the Customer’s obligation to pay any and all outstanding charges, fees or other amounts due and owing to ENet which accrued prior to disconnection or termination, which amounts shall become immediately due and payable upon disconnection or termination. In the event that action is required to recover outstanding amounts, the Customer shall be liable for all costs of collection, including legal fees and expenses.
    3. Should the Service be disconnected or terminated for any reason and should ENet subsequently agree, in its sole discretion, to reinstate the Service, the Customer shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service. ENet may choose not to reinstate the Service unless satisfied that there will be no repetition of the circumstances giving rise to the disconnection.
    4. ENet does not credit partial service periods or monthly fees. In the event that the Customer cancels its Service before the start of the next service period, ENet is not obligated to refund any prorated amounts of the Customer’s monthly fee and any fees paid are non-refundable.
    5. The Customer understands and agrees that the Services provided by ENet is provided on an “as is” or “as available” basis, with all faults except as otherwise specifically set forth in this Agreement.
    6. ENet (and its officers, employees, subsidiaries, and affiliates), its third-party licensors, providers and/or suppliers disclaim any and all warranties for the Service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, integration, and those arising from course of dealing, course of trade, or arising under statute. It is hereby understood by the Customer that no advice or information given by ENet or its representatives shall create a warranty and that the use of ENet’s technical support is at the Customer’s own risk and is not warranted.
    7. In the event that the Customer’s Service is not provisioned for any reason, neither the Customer nor ENet shall have any duties or obligations under this Agreement (other than ENet’s ability to resolve the issue).
    8. ENet does not warrant that the Service will perform at a particular speed or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. ENet shall not be liable for loss of the Customer’s data, or if changes in operation, procedures, or services require modification or alteration of Customer’s equipment, render the same obsolete or otherwise affect its performance.
    9. The Customer agrees that the use of the Services is the Customer’s responsibility, at the Customer’s own risk, and subject to all applicable laws and regulations. ENet, in its sole discretion, or any vendor or partner, may prosecute the Customer and other responsible parties in the event that the Services are used for an unlawful purpose.
    10. ENet makes no warranty regarding any transactions carried out using the Service. Furthermore, ENet makes no warranty regarding the content and information accessed by using the Service. The Customer hereby expressly assumes all risks and responsibilities for use of the Service. The Customer agrees not to use the Service in any high-risk activity where damage, loss, theft and/or injury to person, property, environment, or business may result if an error occurs.
    11. In no event shall ENet (or its affiliates), its third party licensors, providers or suppliers be liable for:
        
        1. any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if ENet has been advised of the possibility of such claim and/or damages, or
        2. any claims against the Customer any other party.
    12. All third-party beneficiaries of this Agreement, including ENet’s third-party suppliers, licensors, and providers are also subject to the limits and disclaimers listed in this section.
    13. Any rights or limits stated herein are the maximum for which ENet or its providers and suppliers are collectively responsible.
    14. The remedies expressly set forth in this Agreement are the Customer’s sole and exclusive remedies. The Customer may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to the Customer.
18. TERMINATION CLAUSE
    1. Either party may terminate the Agreement for cause if written notice is given to the other party at least thirty (30) days prior to termination specifying the cause for termination and requesting correction and such cause is not corrected within such thirty (30) day period. “Cause” only refers to any material breach of the terms of the Agreement.
    2. Cancelling a service may result in the loss of discounts achieved through service bundling and may have an impact on the functionality of remaining services.
    3. Notwithstanding the foregoing, ENet may terminate a Customer’s agreement for cause without prior notice if:
       
       1. Customer uses the Services in violation of any applicable laws, ENet’s acceptable use or other policies;
       2. Customer fails to timely pay for the Services;
       3. in accordance with any applicable tariff on file with applicable regulatory authorities;
       4. ENet, in its sole discretion determines that terminating the Services is necessary to protect itself, Customers or the general public against acts of fraud and other unlawful activities;
       5. ENet may also terminate a Customer’s agreement immediately without incurring any liability whatsoever if:
          
          1. any national or international law makes it unlawful for ENet to provide a Service to Customer, or
          2. ENet is unable to secure or maintain the necessary facilities or utilities required to provide a Service to the Customer.
    4. ENet may, at its sole discretion and without any prior notice to the Customer, disconnect the Customer’s Service if the Customer fails to pay for said Services at the stipulated time. During this disconnection, the Customer understands and agrees that he/she will not have any access to the Service until all outstanding charges due and owing have been paid.
    5. When ENet disconnects the services, the Customer is responsible for paying all amounts due and owed to ENet, including prorated amounts for any usage of the services during the month of disconnection.
    6. ENet reserves the right to delete all applicable data, files, voicemail, emails, and other information stored on ENet’s servers or systems at the expiration or termination of this Agreement for any reason.
    7. If ENet terminates the Service, the Customer will still be entirely liable and responsible for paying any fees that the Customer owes ENet under this Clause and this Agreement, as well as any expenses ENet incurs in order to collect such amounts, including without limitation fees and collection costs.

19. ASSIGNMENTThe Parties, their heirs and assigns hereby agree to abide by terms and conditions of this Agreement and all of its schedules.
20. APPLICABLE LAWSThe Parties agree that this Agreement shall at all times be subject to the terms of the licence granted to ENet by the Government of Guyana pursuant to the Telecommunication Act and its association Regulations and by the Public Utilities Commission Act.
21. ENFORCEABILITY OF PROVISIONSThis Agreement will be amended to the extent necessary to make any of the provisions herein legal and enforceable, provided that the revised version of the Agreement still reflects the parties’ original intentions. This will happen in the event that one or more of the provisions herein are found to be unlawful or unenforceable for any reason. These terms and conditions are subject to change by ENet with reasonable notice to the customer, who will then be required to abide by such modifications if they continue to use the service.
22. AMENDMENTS AND MODIFICATIONSUnless otherwise required by law, ENet may periodically update the terms and conditions of this Agreement without providing the Customer with prior notice. Customers consent to frequently check for and become aware of any such updates by visiting the ENet website and any of its links. Any changes to the other terms and conditions will take effect when they are posted online by ENet. The Customer acknowledges and agrees to the modifications and agrees to abide by them by using the Service after they become effective.
23. JURISDICTIONThe terms and conditions are made in, governed by and subject to the laws of Guyana and the Parties hereby submit to the exclusive jurisdiction of the Courts of Guyana.
24. RELATIONSHIP
    1. The Customer shares an independent contractor relationship with ENet. The Customer acknowledges that he/she is not an agent of ENet and therefore has no authority to obligate ENet by contract or otherwise.
    2. The Customer represents and warrants to ENet that the Customer is of lawful age to enter into this Agreement and that
       
       1. the Customer has the full right, power and authority to enter into this Agreement and to perform the acts required of the Customer hereunder; and
       2. the acceptance of this Agreement by the Customer, and the performance by the Customer of its obligations and duties hereunder, do not and will not violate any agreement to which the Customer is a party or by which it otherwise is bound.
    3. The Customer agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents by using and accepting the Service from ENet, in the same manner as if the Customer had physically signed this Agreement. The Customer acknowledges that he or she has read and understood the terms and conditions of this Agreement. This Agreement takes precedence over any prior written and verbal communications or agreements with regard to the subject matter.
    4. By providing ENet with the Customer’s mobile number(s), or email address, the Customer gives consent for ENet, or any of its agents to contact the Customer and to leave live or pre-ordered messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement.