E-NETWORKS TERMS OF SERVICE (Internet)

 

This Agreement sets forth the terms and conditions under which you the subscriber (“you,” “your” or “the Subscriber”) agree to use E-Networks internet service(s) (the “Service(s),”

including Equipment and Programming) and under which we, E-Networks (“we”, “E-Networks”, “the Service Provider) provide the Service(s) to you.

PLEASE READ THESE AGREEMENT TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

  1. ACCEPTANCE OF AGREEMENT; AGREEMENT TERMS GENERALLY INCLUDED

    • We agree to provide you with internet services (“the Service” and/or “the Services”) subject to the applicable terms and conditions set forth below and any terms provided in your Service Order Form. These terms and conditions are accurate as of the date stated below.
    • You understand and expressly agree that the Service(s) is governed by these terms and conditions.  If you do not agree to any of these terms and conditions, you must not commence use of the Service(s). If you do not agree with amended terms and conditions, you must discontinue use of the Service(s). Your continued use of the Service(s) after the date of the variations and amendments constitutes your express consent to the varied or amended terms and conditions.
    • This Agreement starts when you accept it. By accepting this Agreement, you and any other users of the Service(s) within your premises are bound by its terms and conditions. Your acceptance of this Agreement occurs upon the earlier of:
      • your electronic or oral acceptance during the submission of your order; or
      • your use of the Service(s).
    • We will make commercially reasonable efforts to notify you of any updates to these terms and conditions. Notwithstanding the foregoing, your continued use of the Service(s) will be deemed acceptance of amended or updated terms and conditions. As such, you should frequently check the E-Networks website.
    • This Agreement includes the terms and conditions set forth below, the specific elements of your Service(s), including the pricing, duration, and equipment pricing, all as described in the information made available to you when placing and confirming your order, as well as our Privacy Policy and the other policies and materials specifically referred to in this Agreement, all of which are incorporated into this Agreement by reference.
    • We reserve the right to require credit references and/or a security deposit prior to activation of the Service, if in our sole discretion, it is deemed appropriate.
    • Please retain a copy of this Agreement for your records.
  1. FEES AND CHARGES

In consideration for receiving the Service(s) and using any Equipment or Other Devices, you agree to pay us the following service fees:

  • Billing for the Service(s) will begin automatically:
    • When the Service(s) is installed by E-Networks or
    • on the Due Date established by E-Networks (after the Equipment, and any applicable Other Devices, has been delivered) if the Service(s) is self-installed by you.
  • Billing will continue until the Service is terminated in accordance with this Agreement.
  • We reserve the right, in our sole and absolute discretion, to change the fees and charges at any time with 1 (one) month’s advance notice.
  • All services are billed via e-mail to the email address you provided when you signed up for the Service(s). You will pay for the Service(s) by topping up your account using any of the following payment options:   
    • at any E-Networks’ branch office or affiliate
    • via an approved third-party bill payment agency
    • via online banking with an approved banking institution, or
    • via E-Networks’ E-Care mobile application or online web portal, accessible at https://ecare.enetworks.gy/.
  • You must recharge the full amount of the plan you are purchasing. If we attempt to deduct recurring Service Charges for the Service(s) and you do not have sufficient funds in your Account, the Service(s) will be suspended. Once you have credited your Account, we will deduct the relevant recurring service charges and reinstate the Service.
  • You will be responsible for paying all charges on your Account, whether or not incurred by you personally.
  • You must notify us of any billing errors or other refund requests within 15 (fifteen) days of the date on which the error occurred.
  • You are required to use a security code to confirm your identity when accessing your account, when requesting or accessing account information, when making changes to the service, or performing other functions.
    1. EQUIPMENT/INSTALLATION:

      • You shall provide certain equipment such as, but not limited to: an uninterruptible power supply (UPS); a voltage stabiliser/line conditioner; and if required, an appropriate operating system (hereinafter referred to as ‘the Subscriber Equipment’) in order to access and utilise the Service. We shall not be obligated to provide maintenance or service to the Subscriber Equipment.
      • We hereby provide to you the following equipment (where applicable), ALL OF WHICH SHALL REMAIN OUR PROPERTY (hereinafter referred to as ‘E-Networks Equipment’): antenna(s) and/or fiber optic cable, fittings.
      • We, or our authorised contractors, will install the E-Networks Equipment in a workmanlike manner, and you agree to pay all applicable installation and activation charges.
      • We provide a Manufacturer’s Warranty on the E-Networks Equipment for a period of 3 (three) months from today’s date, which covers defects in Manufacture but does not cover: damage to the E-Networks Equipment resulting from electrical issues; accidental damage; intentional damage; acts of God. The Warranty shall become immediately void if there is any or any evidence of unauthorised repairs or tampering with respect to the E-Networks Equipment.
      • You agree that if you proceed with the installation or use of the Service with Subscriber Equipment that does not meet the minimum requirements (hereinafter referred to as ‘a Non-Recommended Configuration’) then:
        • You shall not be entitled to technical support relating to any issues other than the quality of the signal delivered to the Subscriber Premises;
        • Neither the Service Provider nor any of our affiliates or agents warrant that a Non-Recommended Configuration will enable the successful installation, access, operation, or use of the Service and you hereby acknowledges that any such installation, access, operation or use could cause damage to the Subscriber equipment, including without limitation, to computers, peripherals, software or data and neither the Service Provider nor any of our affiliates or agents shall be liable for any failure or damage. The foregoing limitations of liability are in addition to and shall not limit any other limitation of liability set forth in this Agreement.
      • You agree that if you install or use the Service(s) with Subscriber Equipment that does not meet the minimum requirements (hereinafter referred to as ‘a Non-Recommended Configuration’) then:
        1.You are not entitled to technical support for any issues other than the quality of the signal delivered to the Subscriber Premises;
        2.Neither we nor any of our affiliates or agents warrant that a Non-Recommended Configuration will enable the successful installation, access, operation, or use of the Service(s) and you hereby acknowledge that any such installation, access, operation or use could cause damage to the Subscriber Equipment, including without limitation, to computers, peripherals, software or data and neither we nor any of our affiliates or agents shall be liable for any failure or damage. The foregoing limitations of liability are in addition to and shall not limit any other limitation of liability set forth in this Agreement.
      • If either party fails to enforce our rights under this Agreement, it will not prevent us from taking further action.
      • If the E-Networks Equipment is lost by or stolen from you, we will not replace it free of charge. Lost or stolen E-Networks Equipment must be reported immediately to us as billing for the Service(s) shall continue in effect until the time when such a report is made to us.
      • If you terminate the Service(s), you must return the E-Networks Equipment immediately and in full working order to us.
      • You hereby permit and authorise us and our employees, servants, agents, contractors, and representatives at all reasonable times with no less than twenty-four (24) hours prior notice to you in order to install, maintain, repair, or remove the E-Networks Equipment. You authorise any other adult at the Premises to grant access to the Premises for these purposes. You agree that we may remove or change the E-Networks Equipment at our sole and absolute discretion, including through ‘downloads’ to your computer(s) or otherwise.
      • We will attempt to install the Service(s) at the address you provided at the time of sign-up. If you are not the homeowner, or if your use of such property is subject to a tenancy agreement, home-owner association, or other restrictions, you are responsible for obtaining all third-party consents, and by placing an order for service you confirm that you are authorised to permit the installation of the Service(s) at the address. If the Service coverage is not available at the address, or if we cannot perform installation for any reason, all payments will be refunded to you.
      • We do not warrant or guarantee that Service(s) can be provisioned at your location, or that provisioning will occur according to a specified schedule, even if we have accepted the order.
      • If we determine that it is necessary to drill, cut, add, or remove, or otherwise alter the Premises (including inside wiring, walls, flooring, and other surfaces) (“alterations”), to provide Service(s) to you, we will discuss such work with you and obtain your permission to make alterations we deem appropriate for the work to be performed. If you wish to restore any alterations to their original condition, you understand that is your responsibility.
      • You represent that you have the authority to grant us and/or our contractors with access to the Premises and to authorise the installation, maintenance, and repair of the E-Networks Equipment, including any necessary alternations to the Premises. You further agree that any adult at the Premises at the time of installation has your permission and authority to authorise any necessary alternations, accept, add to, or change Equipment selections, and to acknowledge and accept the completion of the Equipment installation.
      • If you do not own the Premises, or the Premises are subject to a homeowners association or some other type of agreement, you warrant that you have obtained permission from any necessary party, including, but not limited to, the owner, landlord, or building manager, to allow us and/or our contractors reasonable access to install, maintain, and repair the E- Networks Equipment, provide Service(s), and to make any alternations we deem appropriate. If a third party, such as a property owner, tenant, occupant or landlord, or any other third party, makes a claim against us in the future for any alterations we or our contractors perform, or for installing the E-Networks Equipment at the Premises, you agree that you will be financially responsible for any such claims.
      • If you require special arrangements for installation, such requests will constitute an extraordinary installation, which is subject to additional charges due and payable in advance to the completion of the extraordinary installation.
      • We will provide you with instructions in the proper use of the E-Networks Equipment and Service(s) after installation.
      • You must notify us of any problems with the installation within three (3) days after the completion of installation or you will be deemed to have accepted it.
      • You are expressly prohibited from using any of the E-Networks Equipment for any purpose other than pursuant to this Agreement.
      • During the duration of this Agreement and the Service(s), we shall repair and maintain all E-Networks Equipment and you agree not to allow or permit any other person or entity to repair or attempt to repair the same.
      • You hereby agree that you will not part with possession of the E-Networks Equipment and that no part of E-Networks Equipment shall be sold, transferred, leased, encumbered or assigned to any third party.
      • You may not move the E-Networks Equipment to a different location or position at your address once installed. You may not move the system or Service(s) to another address. If you are moving to a new address and you wish to continue using the Service(s), you may request that we install the Service(s) there, although a relocation fee may be required.
      • If you change the Subscriber Premises or disconnect the Service(s), you shall contact us for additional information concerning reconnection costs and procedures for transferring the E-Networks Equipment and the Service(s) to the new Subscriber Premises.
      • You agree to pay the full manufacturer’s suggested C.I.F. landed and customs cleared retail price for the replacement of any lost, stolen, unreturned, damaged, sold, electrically damaged, transferred, leased, encumbered or assigned E-Networks Equipment or part thereof, together with any incidental costs incurred by us in connection with the replacement of the E-Networks Equipment or part thereof.

    2. TERMINATION AND EXPIRATION:

      • The Service(s) shall commence upon the installation of all equipment and shall continue on a month-to-month basis thereafter until termination in accordance with the terms and conditions of this Agreement, or until superseded by a revised or other Subscriber Agreement.
      • You may suspend the Service(s) without incurring the respective subscription cost for a maximum of 1 (one) calendar month in any 1 (one) calendar year by providing us with 1 (one) month’s advance notice.
      • You may terminate the Service(s) for any reason at any time by providing us with (1) one month’s advance written notice.
      • We reserve the right to terminate this Agreement and the Service(s):
        • Without giving you prior notice;
        • If you fail to pay any charge or other amount due hereunder;
        • If we determine, in our sole discretion, that activity has occurred that constitutes inappropriate or unlawful use of the Service(s);
        • If you violate any other term(s) or condition(s) of this Agreement;
        • After 1 (one) month’s advance notice for any other reason.
      • In the event that this Agreement and the Service(s) are terminated:
        • You shall immediately cease use of the Service(s) and the E-Networks Equipment, and shall return, by any method requested by us, all of the E-Networks Equipment in the same condition as received on the date of installation of same, fair wear and tear excepted, within (three) business days after termination of the Agreement or the Service(s),or you shall pay to us the full manufacturer’s suggested C.I.F. landed and customs cleared retail price for the E-Networks Equipment.
        • You shall pay in full for the use of the Service(s) and the E-Networks Equipment until the effective date of termination of this Agreement or the date on which the Service(s) is disconnected, and the E-Networks Equipment has been returned in accordance with this Agreement.
        • You shall permit our employees and/or agents to access your premises during regular business hours in order for us to remove the E-Networks Equipment.
      • No suspension or termination of the Service(s) will terminate your obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. If legal action is required to recover outstanding amounts, you shall be liable for all collection costs, including legal fees and expenses.
      • We do not credit partial service periods or monthly fees. In the event you cancel the Service before the start of your next service period, we are not obligated to refund any prorated amounts of your monthly fee and any fees paid are non-refundable.
      • We reserve the right to change our service delivery methods or platforms at any time, which may require changing your Equipment and/or Equipment settings to continue using the Service(s). You agree that such changes do not constitute changes to the conditions of the Service(s). We will not be liable for any costs incurred as a result of any changes that you are required to make.
      • We reserve the right to change the standard settings and/or features of the Service(s) at any time. The parties agree that such changes do not constitute changes to the conditions of the Service(s). If we discontinue a Service, we will move you to, or make available, a comparable replacement Service and/or plan only where possible. Where we discontinue a plan (but the Service remains available), we will always move you to a comparable plan where possible. If no comparable plan is available, we will move you to the most comparable plan to ensure that you continue to receive the Service. We will make commercially reasonable efforts to notify you of any changes to your service. If you do not agree with the Service or plan we have moved you to, you must terminate this agreement.
    1. SELF-INSTALLATION OR INSTALLATION BY YOUR CONTRACTOR:

      • We may provide you with options to self-install E-Networks Equipment or to arrange for another professional to install E-Networks Equipment during the Term of this Agreement.
      • You agree to follow our instructions regarding any such installation options, which instructions will be made available to you. You agree that you or your contractor are ultimately responsible for the installation work you or they perform, and you agree not to make a claim against us relating to such work.

    2. INTELLECTUAL PROPERTY RIGHTS:

      • Ownership of Addresses: You hereby agree that your use of the Service(s) does not transfer any ownership or other rights, title or interest in and to any Internet/online addresses provided to you, including but not limited to Internet Protocol (‘IP’) addresses, e-mail addresses and web addresses. We reserve the right to modify or change these addresses at any time without notice and are under no obligation to compensate you for these changes.

    3. ACCEPTABLE USE POLICY:

      • You agree that E-Networks Equipment or the Service(s) shall not be used for any unlawful purpose or in violation of any posted policy applicable to the Service(s), including without limitation, any Acceptable Use Policy (hereinafter referred to as the ‘AUP’) or other policy (which may be modified from time to time).
      • You hereby agree that the terms of the AUP and any other applicable policies may be revised without notice by posting a new version of the AUP or the other policy on our website at or on another website of which you are notified.
      • We make no claim to ownership of any material that you publish or transmit using the Service(s). If you use the Service(s) to publish, transmit or distribute material or content, then you:
        1.warrant that the material or content complies with and conforms to the provisions of this Agreement; and
        2.understand and acknowledge that material posted or transmitted using the Service(s) may be copied, republished, or distributed by third parties, and agree to wholly  indemnify us and our servants/agents for harm and damages resulting from such action.
      • You may gain access to material not owned by us through the Service(s).
      • Any changes to or deletion of any copyright notice in any redistribution or publication of copyrighted material is strictly prohibited. Other terms and conditions may apply to use of any content or material made available through the Service(s) that is not owned by us.

    4. PROHIBITED USES OF THE SERVICE:

      • Unless otherwise permitted, use of the E-Networks Equipment or the Service(s) for transmission or storage of any information, data or material in violation of any local law or regulation is prohibited.
      • The Service(s) provided to you is not for commercial use and is not to be used for operation as an Internet Service Provider, call center, a server site for FTP, telnet, re- login, e-mail hosting, ‘web hosting’ or other similar applications, for any business enterprise, or as an endpoint on a local area network or wide area network.
      • The Service(s) cannot be shared with more than one premises. Typical non-commercial services do not exceed 1 TB of data usage per month. If applicable, a notification will be sent to you once you reach 900 GB of data usage. If you use more than 1 TB of data on a regular basis, you may be moved to a different plan.
      • We may assign you with one static Internet Protocol (“IP”) addresses. You are not permitted to change, modify, or tamper with any dynamic IP address. You shall not use a dynamic domain name server or D.N.S. to associate a host name with the dynamic IP address for any commercial purpose and shall not use any software on or in conjunction with any computer(s) or network device connected to the Service(s) that provides for static IP address(es). If applicable, we will release and/or recover the dynamic IP address(es) upon disconnection, discontinuance, or termination of the Service(s) or this Agreement.

    5. REQUIREMENTS OF THE SUBSCRIBER ARE AS FOLLOWS:

      • We shall provide you with one static Internet Protocol (“IP”) You shall not alter, modify, or tamper with any dynamic IP address. You shall not use a dynamic domain name server or D.N.S. to associate a host name with the dynamic IP address for any commercial purpose and shall not use any software on or in conjunction with any computer(s) or network device connected to the Service that provides for static IP address(es). If applicable, we will release and/or recover the dynamic IP address(es) upon disconnection, discontinuance, or termination of the Service or this Agreement.
      • You are at least 18 years of age and shall provide to us your telephone number(s) and e-mail address(es).
      • You shall inform us of any change in this information within 5 (five) days thereafter.

    6. DISRUPTION & VARIATION OF SERVICE:

      • The Service(s) may be degraded or disrupted at times due to inclement weather conditions and vandalism of the E-Networks equipment and/or ancillary equipment.
      • If there is degraded or disrupted service due to inclement weather conditions or vandalism, then we shall not be liable to make adjustments or give rebates or discounts on the subscription fees due for that period.
      • The E-Networks Equipment may become incompatible when certain system updates/upgrades are done in which cases those items will be replaced before it becomes incompatible, without undue delay.

    7. RETENTION OF RIGHTS:

      • Nothing contained in this Agreement shall be construed to limit rights and remedies available to us at law and in equity.
      • Upon termination of this Agreement for any reason, we and our suppliers reserve the right to delete all data, files, files, electronic messages or other Subscriber information that is stored on or via the Service or our supplies, servers, or systems.

    8. PRIVACY POLICY:

      • The collection and use of data collected is an integral element of the Service(s), and you expressly consent to such collection and use in accordance with our privacy policy, as may be amended from time to time. A current copy of our privacy policy (the “Privacy Policy”) is available on our website.  Part of our Privacy Policy commitment is to never disclose to third parties any Personal Data or Information obtained from you or through your use of Service(s), or to use your Personal Data for any purpose other than as provided in the Privacy Policy.
      • Our Privacy Policy forms part of our Agreement with you, and sets out how we collect, use and disclose personal information. It is important that you read the Policy, which is available on our website. We may monitor and/or record calls made between you and us to ensure that we have a proper record of our dealings with you and also for the purpose of maintaining and improving the quality of our services

    9. LIMITATION OF LIABILITY; NO WARRANTIES; WARNING:

      • Limited Warranty: Neither we nor our servants or agents warrant that you will be provided with uninterrupted or error-free Service(s). The sole remedy for service interruption shall be limited to a pro-rated credit upon request and only in the event of complete failure of the Service(s) due to a technical malfunction for 5 (five) consecutive business days or more. To qualify for such credit, you must request it from us within 10 (ten) days of the failure. Credits shall be applied only against current and future fees payable by you for the Service(s) and any credit provided shall be in our sole discretion and no event shall constitute or be constituted as a course of conduct by us, and neither we nor our affiliates or agents warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a certain period of time. All representations and warranties of any kind, express or implied, including without limitation, any warranties of performance, non-infringement, fitness for a particular purpose or merchantability, are hereby excluded.
      • Limitation of liability: Except as specifically provided in this Agreement, in no circumstance and under no legal theory (including without limitation, tort, contract, and otherwise) shall we or our affiliates or agents be liable to you or to any person or entity for (i) any direct, indirect, incidental, special, treble, punitive, exemplary or consequential loses or damages, including without limitation loss of profits, loss of earning, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the installation, self-installation, maintenance, failure, removal or use of the Service(s) or the E-Networks Equipment or your reliance on or use of the E-Networks Equipment or the Service(s), including without limitation any mistakes, omissions, interruptions, computer or other hardware or software failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in transmission, or failure of performance of the E-Networks Equipment or the Service(s); or (ii) any loses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the E-Networks Equipment or the Service(s) by you or any other person or entity infringing the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
      • No Liability For Viruses: We make no representation or warranty that any software or content installed on your computer(s) or downloaded from the Service(s) does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware from damage to its software, files or data. We make no representation or warranty that the virus detection software will detect or remove any or all viruses. You may incur additional charges for any service call made or required on account of any problem relating to a virus or other harmful feature detected on a system.
      • Subscriber’s Hardware and Software: Save and except for gross negligence or wilful misconduct by us or our servants/agents, we shall not be liable whatsoever for any damage, loss, or destruction to the Subscriber Equipment (including without limitation computer(s) and peripherals). In the event of gross negligence or wilful misconduct by us, we shall pay, at our sole discretion, for the repair or replacement of the damaged parts up to maximum of $10,000 (ten thousand Guyana dollars) and that amount shall be your sole remedy relating to such activity and you shall thereafter be precluded from any other claim.
        • We may modify system files on any computer, but we do not represent, warrant or covenant that the modification will not disrupt the normal operations of any Subscriber Equipment, including, without limitation, computer(s), or result in the loss of files. For these and other reasons, it is strongly advised that you back up all files to a different storage mechanism before engaging in such activities. We shall not be liable for any damage, loss or destruction of any software, files or data.
        • No undertaking, representation, or warranty made by our agents or employees, or any third-party providers in connection with the installation, maintenance, or provision of the Service(s) which is inconsistent with the terms of this Agreement shall be binding on us.
        • We assume no responsibility for inappropriate and offensive content or material. Questions or complaints regarding content or material should be addressed to the content or material provider.
        • Subscribers are advised to be aware that there is the risk of ‘eavesdropping’ since the Service is used by numerous persons and entities.
      • FTP/HTTP Service Setup: You hereby acknowledge that when using the Service(s), certain applications such as FTP (Files Transfer protocol) or HTTP (Hyper Text Transfer Protocol) may be used by other persons or entities to gain access to the Subscriber Equipment. Therefore, you are solely responsible for the security of the Subscriber Equipment or any other equipment used with the Service(s), including any data stored on such equipment. Neither we nor any of our affiliates or agents shall be liable for any claims, losses, actions, damages, suits, or proceedings resulting from, or arising out of such applications, or the access by others to the Subscriber Equipment or other equipment.
      • File and Print Sharing: The Service(s) is, in some ways, a Local Area Network (LAN) with each Subscriber constituting a node on the network. You shall disable file and print sharing and other capabilities to the extent necessary to prevent unauthorised users from accessing the Subscriber Equipment. We nor our servants/agents shall not be liable for any claims, losses, actions, damages, suits, or proceedings resulting from, arising out of or otherwise relating to access by others of the Subscriber Equipment or any other equipment conducted to some way to the Subscriber Equipment, or to the software, files and data stored on such equipment.
      • High Risk Activities: The Service(s) is not fail-safe and is not intended for use in situations requiring fail-safe performance or where an error or interruption in the Service(s) could result in injuries to business, persons, property or environment (“High Risk Activities”). These High-Risk Activities may include, without limitation, critical business or personal communications, or activities requiring absolutely accurate data or information is required. You accept full responsibility for any damages resulting from High Risk Activities.
      • Facilities Allocation: We reserve the right to determine the nature and extent of our facilities allocated to support the Service(s), including, but not limited to, the amount of bandwidth to be used and delivered in conjunction with the Service(s), on an ongoing basis.
      • Restitution for Service Downtime: We reserve the right to determine appropriate restitution for prolonged downtime (being in excess of 5 (five) business days) which shall be communicated to you..
      • Indemnity: You hereby agree to indemnify and hold us harmless from any and all claims, actions, costs, expenses, damages and liabilities at law or in equity, including legal costs, arising in any way from the Service(s) or your use thereof including without limitation claims of slander infringement of patents arising from combined with, or used in connection with the Service(s).

    E-NETWORKS TERMS OF SERVICE (TV)

     

    This Agreement sets forth the terms and conditions under which you the subscriber (“you,” “your” or “the Subscriber”) agree to use E-Networks television service(s) (the “Service(s),” including Equipment and Programming) and under which we, E-Networks (“we”, “E-Networks”, “the Service Provider) provide the Service(s) to you.

    PLEASE READ THESE AGREEMENT TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

    1. ACCEPTANCE OF AGREEMENT; AGREEMENT TERMS GENERALLY INCLUDED:

      1. E-Networks agrees to provide to you pay-television services (“the Services”) subject to the terms and conditions set below and any terms provided in your Service order form. These terms and conditions are accurate as of the date first abovementioned.
      2. You understand and expressly consent that the Service is governed by these terms and conditions.  If you do not agree to any of these terms and conditions, you must not commence use of the Service. If you do not agree with amended terms and conditions, you must discontinue use of the Service. Your continued use of the Service after the date of the variations and amendments is your express consent to the varied or amended terms and conditions.
      3. This Agreement starts when you accept it. By accepting this Agreement, you and any other users of the Service within your premises are bound by its conditions. Your acceptance of this Agreement occurs upon the earlier of:
        • your electronic or oral acceptance during the submission of your order; or
        • your use of the Service.
      4. We will make reasonable commercial efforts to notify you of any updates to these terms and conditions. Notwithstanding the foregoing, your continued use of the Services will be deemed acceptance to amended or updated terms and conditions. As such, you should frequently check the E-Networks website.
      5. If you do not agree to any of these terms and conditions, do not commence use of the Service. If you do not agree with amended terms and conditions you must discontinue use of the Service.
      6. This Agreement will end when you or we terminate this Agreement as permitted below. This Agreement includes the terms and conditions set forth below, the specific elements of your Service or Bundled Services plan, including the pricing, duration, and Equipment pricing, all as described in the information made available to you when placing and confirming your order, as well as our Privacy Policy and the other policies and materials specifically referred to in this Agreement, all of which are incorporated into this Agreement by reference.
      7. E-Networks reserves the right to require credit references and/or a security deposit prior to activation of the Service, if in our sole discretion, it is deemed appropriate.
      8. Please retain a copy of this Agreement for your records.
    1. FEES AND CHARGES:

    In consideration for your receipt of the Service and use of any Equipment or Other Devices, you agree to pay us service fees as follows:

    • Billing for the Service will begin automatically:
      • Upon installation of the Service if the Service is installed by E-Networks or
      • on the Due Date established by E-Networks (after the Equipment, and any applicable Other Devices, has been delivered) if the Service is self-installed by you.
    • Billing will continue until the Service is terminated in accordance with this Agreement.
    • We reserve the right in our sole and absolute discretion to change the fees and charges from time to time upon giving you 1 (one) month notice in advance.
    • All services are billed via e-mail to the email address provided by you at the time of signup for the services. You will pay for the Service by topping up your account using any of the following payment options:
      • at any E-Networks’ branch office or affiliate
      • via an approved third-party bill payment agency
      • via online banking with an approved banking institution, or
      • via E-Networks’ E-Care mobile application or online web portal, accessed at https://ecare.enetworks.gy/.
    • You are required to recharge the exact amount of the plan you are purchasing. If at the time we attempt to deduct recurring service Charges for the Service and you do not have sufficient funds in your Account, the Service will be suspended. Once the Account is credited by you, we will deduct the relevant recurring service charges and reinstate the Service.
    • You will be responsible for paying all charges on your Account, whether or not incurred by you personally.
    • You must notify us of any billing errors or other requests for refunds within 15 (fifteen) days of the date on which the error occurred.
    • You are required to use a security code to confirm your identity when accessing your account, when requesting or accessing account information, when making changes to the service, or performing other functions.
      1. EQUIPMENT/INSTALLATION BY E-NETWORKS OR OUR AUTHORISED CONTRACTORS:

        • You shall provide certain equipment such as, but not limited to: an uninterruptible power supply (UPS); a battery backup (500 W or greater) a voltage stabiliser/line conditioner (500W or greater); in order to access and utilise the Service(s). YOU AGREE THAT THIS EQUIPMENT WILL BE IN PLACE AND AVAILABLE FOR USE PRIOR TO THE INSTALLATION OF THE E-NETWORKS EQUIPMENT..
        • We will provide to you antenna(s) and/or fiber optic cable, fittings and at least one (1) Receiver Box with applicable Smart Card(s) and remote control(s), ALL OF WHICH SHALL REMAIN THE PROPERTY OF THE SERVICE PROVIDER (hereinafter referred to as ‘E-Networks Equipment’)..
        • We, or our authorised contractors, will install the E-Networks Equipment in a workmanlike manner, and you agree to pay all applicable installation and activation charges.
        • There is a Manufacturer’s Warranty on the E-Networks Equipment for a period of 3 (three) months from today’s date, which covers defects in Manufacture but does not cover: damage to the E-Networks Equipment resulting from electrical issues; accidental damage; intentional damage; acts of God. The Warranty shall become immediately void if there is any or any evidence of unauthorised repairs or tampering with respect to the E-Networks Equipment.
        • If the E-Networks Equipment is lost by or stolen from you, it shall not be replaced without charge by us. Lost or stolen E-Networks Equipment must be reported to us immediately as billing for the Service shall continue in effect until the time when such a report is made to the Service Provider.
        • If you terminate the Service(s), you must return the E-Networks Equipment immediately and in full working order.
        • You hereby permit and authorise us and our employees, servants, agents, contractors, and representatives at all reasonable times with no less than twenty-four (24) hours prior notice to you in order to install, maintain, repair, or remove the E-Networks Equipment. You authorise any other adult at the Premises to grant access to the Premises for these purposes. You agree that we may remove or change the E-Networks Equipment at our sole and absolute discretion, including through ‘downloads’ to your computer(s) or otherwise.
        • We will attempt to install the Service(s) at the address you provided at the time of sign-up. If you are not the homeowner, or if your use of such property is subject to a tenancy agreement, home-owner association, or other restrictions, you are responsible for obtaining all third-party consents, and by placing an order for service you confirm that you are authorised to permit the installation of the Service(s) at the address. If the Service coverage is not available at the address, or if we cannot perform installation for any reason, all payments will be refunded to you.
        • We do not warrant or guarantee that Service(s) can be provisioned at your location, or that provisioning will occur according to a specified schedule, even if we have accepted the order.
        • If we determine that it is necessary to drill, cut, add, or remove, or otherwise alter the Premises (including inside wiring, walls, flooring, and other surfaces) (“alterations”), to provide Service(s) to you, we will discuss such work with you and obtain your permission to make alterations we deem appropriate for the work to be performed. If you wish to restore any alterations to their original condition, you understand that is your responsibility.
        • You represent that you have the authority to grant us and/or our contractors with access to the Premises and to authorise the installation, maintenance, and repair of the E-Networks Equipment, including any necessary alternations to the Premises. You further agree that any adult at the Premises at the time of installation has your permission and authority to authorise any necessary alternations, accept, add to, or change Equipment selections, and to acknowledge and accept the completion of the Equipment installation.
        • If you do not own the Premises, or the Premises are subject to a homeowners association or some other type of agreement, you warrant that you have obtained permission from any necessary party, including, but not limited to, the owner, landlord, or building manager, to allow us and/or our contractors reasonable access to install, maintain, and repair the E- Networks Equipment, provide Service(s), and to make any alternations we deem appropriate. If a third party, such as a property owner, tenant, occupant or landlord, or any other third party, makes a claim against us in the future for any alterations we or our contractors perform, or for installing the E-Networks Equipment at the Premises, you agree that you will be financially responsible for any such claims.
        • If you require special arrangements for installation, such requests will constitute an extraordinary installation, which is subject to additional charges due and payable in advance to the completion of the extraordinary installation.
        • We will provide you with instructions in the proper use of the E-Networks Equipment and Service(s) after installation.
        • You must notify us of any problems with the installation within three (3) days after the completion of installation or you will be deemed to have accepted it.
        • You are expressly prohibited from using any of the E-Networks Equipment for any purpose other than pursuant to this Agreement.
        • During the duration of this Agreement and the Service(s), we shall repair and maintain all E-Networks Equipment and you agree not to allow or permit any other person or entity to repair or attempt to repair the same.
        • You hereby agree that you will not part with possession of the E-Networks Equipment and that no part of E-Networks Equipment shall be sold, transferred, leased, encumbered or assigned to any third party.
        • You may not move the E-Networks Equipment to a different location or position at your address once installed. You may not move the system or Service(s) to another address. If you are moving to a new address and you wish to continue using the Service(s), you may  request that we install the Service(s) there, although a relocation fee may be required.
        • If you change the Subscriber Premises or disconnect the Service(s), you shall contact us for additional information concerning reconnection costs and procedures for transferring the E-Networks Equipment and the Service(s) to the new Subscriber Premises.
        • You agree to pay the full manufacturer’s suggested C.I.F. landed and customs cleared retail price for the replacement of any lost, stolen, unreturned, damaged, sold, electrically damaged, transferred, leased, encumbered or assigned E-Networks Equipment or part thereof, together with any incidental costs incurred by us in connection with the replacement of the E-Networks Equipment or part thereof.

      2. SELF-INSTALLATION OR INSTALLATION BY YOUR CONTRACTOR:

        • We may provide you with options to self-install E-Networks Equipment or to arrange for another professional to install E-Networks Equipment during the Term of this Agreement.
        • You agree to follow our instructions regarding any such installation options, which instructions will be made available to you. You agree that you or your contractor are ultimately responsible for the installation work you or they perform, and you agree not to make a claim against us relating to such work.

      3. TERMINATION AND EXPIRATION:

        • The Service(s) shall commence upon the installation of all equipment and shall continue on a month-to-month basis thereafter until termination in accordance with the terms and conditions of this Agreement, or until superseded by a revised or other Subscriber Agreement.
        • You may suspend the Service(s) without incurring the respective subscription cost for a maximum of 1 (one) calendar month in any 1 (one) calendar year by providing us with 1 (one) month’s advance notice.
        • You may terminate the Service(s) for any reason at any time by providing us with (1) one month’s advance written notice.
        • We reserve the right to terminate this Agreement and the Service(s):
          • Without prior notice to you:
          • If you fail to pay any charge or other amount due hereunder;
          • If we determine, in our sole discretion, that activity has occurred that constitutes inappropriate or unlawful use of the Service(s);
          • If you violate any other term(s) or condition(s) of this Agreement;
          • After 1 (one) month’s advance notice for any other reason.
        • In the event that this Agreement and the Service(s) are terminated:
          • You shall immediately cease use of the Service(s) and the E-Networks Equipment, and shall return, by any method requested by us, all of the E-Networks Equipment in the same condition as received on the date of installation of same, fair wear and tear excepted, within (three) business days after termination of the Agreement or the Service(s),or you shall pay to us the full manufacturer’s suggested C.I.F. landed and customs cleared retail price for the E-Networks Equipment.
          • You shall pay in full for the use of the Service(s) and the E-Networks Equipment until the effective date of termination of this Agreement or the date on which the Service(s) is disconnected, and the E-Networks Equipment has been returned in accordance with this Agreement.
          • You shall permit our employees and/or agents to access your premises during regular business hours in order for us to remove the E-Networks Equipment.
        • No suspension or termination of the Service will terminate your obligation to pay any and all outstanding charges, fees or other amounts which accrued prior to suspension or termination, which amounts shall become immediately due and payable upon suspension or termination. In the event that action is required to recover outstanding amounts, you shall be liable for all costs of collection, including legal fees and expenses.
        • We do not credit partial service periods or monthly fees. In the event you cancel the Service before the start of your next service period, we are not obligated to refund any prorated amounts of your monthly fee and any fees paid are non-refundable..
        • We reserve the right to change our service delivery methods or platforms at any time, which may require changing your Equipment and/or Equipment settings to continue using the Service(s). You agree that such changes do not constitute changes to the conditions of the Service(s). We will not be liable for any costs incurred as a result of any changes that you are required to make.
        • We have the sole discretion to modify the standard settings and/or features of the Service from time to time. The parties agree that such changes do not constitute changes to the conditions of the Service. In the event that we withdraw a Service, we will move the Subscriber to, or make available, a comparable replacement Service and/or plan only where possible. Where we withdraw a plan (but the Service remains available), we will always move you to a comparable plan where possible. If no comparable plan is available, we will move you to the most comparable plan to ensure you continue to receive the Service. We will provide you with notice of Service modification. In the event that you do not agree with the Service or plan we have moved you to, you must terminate this agreement.

      4. DISRUPTION & VARIATION OF SERVICE:

        • The Service may be degraded or disrupted at certain times due to inclement weather conditions and vandalism of the E-Networks equipment and/or ancillary equipment.
        • Certain television channels are especially susceptible to such degraded or disrupted service.
        • In the event that there is degraded or disrupted service for any television channels due to inclement weather conditions or vandalism, then we shall not be liable to make adjustments or give rebates or discounts on the Subscription due for that period.
        • The channel line-up or available channels may change without prior notice to you.
        • The channel guide may change or become inaccurate without prior notice you.
        • The E-Networks Equipment may become incompatible when certain system updates/upgrades are done in which cases those items will be replaced before it becomes incompatible, without undue delay.

      5. RETENTION OF RIGHTS:

        • Nothing contained in this Agreement shall be construed to limit rights and remedies available to the Service Provider at law and in equity.

      6. REQUIREMENTS OF THE SUBSCRIBER ARE AS FOLLOWS:

        • You are at least 18 years of age and shall provide to us your telephone number(s) and e-mail address(es).
        • You shall inform us of any change in this information within 5 (five) days thereafter.

      7. PRIVACY POLICY:

        • The collection and use of data collected is an integral element of the Services, and you expressly consent to such collection and use in accordance with our privacy policy, as may be amended from time to time. A current copy of our privacy policy is available on our website (the “Privacy Policy”).  Part of our Privacy Policy commitment is to never disclose any Personal Data or Information that we may receive from you and through your use of Service to third parties or use your Personal Data for any purpose other than as provided in the Privacy Policy.
        • Our Privacy Policy forms part of our Agreement with you, and sets out how we collect, use and disclose personal information. It is important that you read the Policy available on our website. We may monitor and/or record calls made between you and us to ensure that we have a proper record of our dealings with you and also for the purpose of maintaining and improving the quality of our services

      8. LIMITATION OF LIABILITY; NO WARRANTIES; WARNING:

        • Limited Warranty:  Neither we nor our servants or agents warrant that you will be provided with uninterrupted or error-free Service(s). The sole remedy for service interruption shall be limited to a pro-rated credit upon request and only in the event of complete failure of the Service(s) due to a technical malfunction for 5 (five) consecutive business days or more. To qualify for such credit, you must request it from us within 10 (ten) days of the failure. Credits shall be applied only against current and future fees payable by you for the Service(s) and any credit provided shall be in our sole discretion and no event shall constitute or be constituted as a course of conduct by us, and neither we nor our affiliates or agents warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a certain period of time. All representations and warranties of any kind, express or implied, including without limitation, any warranties of performance, non-infringement, fitness for a particular purpose or merchantability, are hereby excluded.
        • Limitation of liability:  Except as specifically provided in this Agreement, in no circumstance and under no legal theory (including without limitation, tort, contract, and otherwise) shall we or our affiliates or agents be liable to you or to any person or entity for (i) any direct, indirect, incidental, special, treble, punitive, exemplary or consequential loses or damages, including without limitation loss of profits, loss of earning, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the installation, self-installation, maintenance, failure, removal or use of the Service(s) or the E-Networks Equipment or your reliance on or use of the E-Networks Equipment or the Service(s), including without limitation any mistakes, omissions, interruptions, computer or other hardware or software failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in transmission, or failure of performance of the E-Networks Equipment or the Service(s); or (ii) any loses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the E-Networks Equipment or the Service(s) by you or any other person or entity infringing the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
        • Restitution for Service Downtime: We reserve the right to determine appropriate restitution for prolonged downtime (being in excess of 5 (five) business days) which shall be communicated to you.
        • Indemnity: You hereby agree to indemnify and hold us harmless from any and all claims, actions, costs, expenses, damages and liabilities at law or in equity, including legal costs, arising in any way from the Service(s) or your use thereof including without limitation claims of slander infringement of patents arising from combined with, or used in connection with the Service(s).