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
    • E-Networks agrees to provide to you internet 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 above mentioned.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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, 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:
      • 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 antenna(s) and/or fiber optic cable, fittings, and/or modem, ALL OF WHICH SHALL REMAIN OUR PROPERTY (hereinafter referred to as ‘E-Networks Equipment’).
      • The current minimum technical and other requirements for Subscriber Equipment (including without limitation, required computer hardware and software) to be used with the Service are posted on our website.
      • 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.
      • 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, 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, you must return the E-Networks Equipment immediately and in full working order.
    2. TERMINATION AND EXPIRATION:
      • The Service 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 without incurring the respective Subscription cost for a maximum of 1 (one) calendar month in any 1 (one) calendar year after giving 1 (one) month’s advance notice to us.
      • You may terminate this Agreement and the Service for any reason at any time by providing us with (1) one month’s advance notice in writing.
      • We may terminate this Agreement and the Service:
        • Without prior notice to you:
        • If you fail to pay any charge or other amount due hereunder;
        • Should we, in our sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service;
        • If you otherwise commit a breach of any term(s) or condition(s) of this Agreement;
        • After 1 (one) month advance notice for any other reason. 
      • Upon Termination of this Agreement and the Service:
        • You shall immediately cease use of the Service and the E-Networks Equipment, and shall return by any method requested by us, within 3 (three) business days after termination of the Agreement or the service, all of the E-Networks Equipment in the same condition as received on the date of installation of same, fair wear and tear excepted, 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 use of the Service and the E-Networks Equipment up to the effective date of termination of this Agreement or the date on which the Service is disconnected, and the E-Networks Equipment has been returned pursuant to this Agreement.
        • You shall permit our employees and/or agents to access your premises during regular business hours 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 may change our Service delivery methods or platforms from time to time which may require you to change Equipment and/or Equipment settings to continue to use the Services. You agree that such changes do not constitute changes to the conditions of the Service. We will not liable for any costs incurred as a result of any changes required to be made by you.
      • 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 you 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.
    1. ACCESS TO SUBSCRIBER PREMISES
      • You hereby permit and authorise us and our employees, servants, agents, contractors, and representatives at all reasonable times upon no less than twenty four (24) hours prior notice to you to enter the Subscriber Premises for the purposes of installation, maintenance, inspection, repairs and for the removal of E-Networks Equipment.
      • We will attempt to install the Service at the service address provided by you 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 installation of the system at such address.If the Service coverage is not available at such 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 can be provisioned at your location, or that provisioning will occur according to a specified schedule, even if we have accepted the order.
      • 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 to another address. If you are moving to a new residence at which service is available and you wish to continue using the Service, you may request that we install the system at the new residence, although an equipment fee will be required.
      • You agree that the E-Networks Equipment may be removed or changed by us at our sole and absolute discretion as we deem appropriate, including through ‘downloads’ to your computer(s) or otherwise.
      • You are hereby precluded 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, we shall repair and maintain all E-Networks Equipment and you are hereby precluded from allowing/permitting any other person or entity from repairing or attempting to repair same.
      • You hereby agree not to 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. If you desire to relocate the E-Networks Equipment within the Premises you shall inform us, and that relocation shall be done at an additional agreed charge in accordance with this Agreement.
      • If you change the Subscriber Premises or disconnect the Service, you shall contact us for additional information concerning reconnection costs and procedures for transferring the E-Networks Equipment and the Service to the new Subscriber Premises.
      • You agree to pay to us 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 the Service Provider in relation to the replacement of the E-Networks Equipment or part thereof.
    2. INTELLECTUAL PROPERTY RIGHTS:
      • Ownership of Addresses: You hereby agrees that use of the Service does not transfer any ownership or other rights, title or interest in and to any Internet/on-line 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 shall in no way be required to compensate you for these changes.
      • Authorisation: We do not claim any ownership of any material that is published by you or transmitted by using the Service. If you use the Service to publish, transmit or distribute material or content, then you:
        • warrant that the material or content complies with and conforms to the provisions of this Agreement; and
        • understand and acknowledge that material posted or transmitted using the Service may be copied, republished or distributed by third parties, and agrees to wholly indemnify us and our servants/agents for harm and damages resulting from such action.
      • You may access material through the Service that is not owned by the Service Provider.
      • In any redistribution or publication of copyrighted material, any changes to or deletion of any copyright notice are strictly prohibited. Other terms and conditions may apply to use of any content or material made available through the Service that is not owned by the Service Provider.
    3. ACCEPTABLE USE POLICY
      • You agrees that E-Networks Equipment or the Service shall not be used directly or indirectly, for any unlawful purpose or in violation of any posted policy applicable to the Service, 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 Service Provider’s policies may be revised without notice by posting a new version of the AUP or the other policy on the Service Provider’s website at or on another web site of which you are notified.
    4. PROHIBITED USES OF THE SERVICE
      • Use of the E-Networks Equipment or the Service for transmission or storage of any information, data or material in violation of any local law or regulation is prohibited unless otherwise permitted to be used from specified premises.
      • The service provided to the Subscriber is a residential service, which 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 end-point on a local area network or wide area network not being the Service.
      • This service cannot be shared with more than one household. Typical residential services do not exceed 1 TB of data usage per month. If applicable, once you approach 900 GB of data usage, a notification will be triggered to you. Frequent usage of 1 TB of data can result in you being reallocated to an alternate plan.
    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 may be degraded or disrupted at certain times due to inclement weather conditions and vandalism of the E-Networks equipment and/or ancillary equipment.
      • In the event that 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 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 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
    9. LIMITATION OF LIABILITY; NO WARRANTIES; WARNING.
      • Limited Warranty: Neither the Service Provider nor our servants or agents warrant that you will be provided with uninterrupted service or error free. 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 due to a technical malfunction for 5 (five) consecutive business days or more. To qualify for such credit, you must request the credit 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 and any credit provided shall be in sole discretion of us and no event shall constitute or be constituted as a course of conduct by us and neither the Service Provider 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 or the E-Networks Equipment or your reliance on or use of the E-Networks Equipment or the Service, 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; 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 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 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 check software will detect or correct 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 the Service Provider, at our sole discretion we shall pay for the repair or replacement of the damaged parts up to maximum of $10,000 (ten thousand Guyana dollars) and that amount shall be the sole remedy relating to such activity and you shall thereafter be precluded from any other claim.
        • We may modify system files on any computer and does not represent, warrant or covenant that the modification will not disrupt the normal operations of any Subscriber Equipment including without limitation computer(s), or cause the loss of files. For these and other reasons, it is recommended that you back up all files to another storage mechanism prior to such activities. We shall not be liable for any damage to or loss or destruction of any software, files or data.
        • No undertaking, representation or warranty made by our agent or employee, or any underlying third-party providers in connection with the installation, maintenance, or provision of the Service which is inconsistent with the terms of this Agreement shall be binding on us.
        • We assume no responsibility for unsuitable 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 beware that there is the risk ofeavesdropping since the Service is used by numerous persons and entities.
      • FTP/HTTP Service Setup: You hereby acknowledges that when using the Service there are certain applications such as FTP (Files Transfer protocol) or HTTP (Hyper Text Transfer Protocol) which may be used by other persons or entities to allow such and other persons or entities to gain access to Subscriber Equipment. Therefore, you are solely responsible for the security of the Subscriber Equipment or any other equipment used with the Service, 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 in some ways is 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 that it prevents the outside users from gaining access to 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 is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service could lead to service injuries to business, persons, property or environment (“High Risk Activities”). These High-Risk Activities may include, without, limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You assume all the risks of any damages resulting for High Risk Activities.
      • Facilities Allocation: We reserve the right to determine, and on an ongoing basis, the nature and extent of our facilities allocated to support the Service, including, but not limited to, the amount of bandwidth to be utilised and delivered in conjunction with the Service.
      • Restitution for Service Downtime: We reserve the right to determine a suitable restitution for prolonged downtime (being in excess of 5 (five) business days) which shall be communicated to you.
      • Indemnity: You hereby 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 or your use thereof including without limitation claims of slander infringement of patents arising from combined with, or used in connection with the Service.



    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
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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.
      • 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:
        • 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 hereby 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’).
        • 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.
        • We will attempt to install the Service at the service address provided by you 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 installation of the system at such address.If the Service coverage is not available at such 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 can be provisioned at your location, or that provisioning will occur according to a specified schedule, even if we have accepted the order.
        • 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 to another address. If you are moving to a new residence at which service is available and you wish to continue using the Service, you may request that we install the system at the new residence, although an equipment fee will be required.
        • 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, 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, you must return the E-Networks Equipment immediately and in full working order.
      2. TERMINATION AND EXPIRATION:
        • The Service 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 without incurring the respective Subscription cost for a maximum of 1 (one) calendar month in any 1 (one) calendar year after giving 1 (one) month’s advance notice to us.
        • You may terminate this Agreement and the Service for any reason at any time by providing us with (1) one month’s advance notice in writing.
        • We may terminate this Agreement and the Service:
          • Without prior notice to you:
          • If you fail to pay any charge or other amount due hereunder;
          • Should we, in our sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service;
          • If you otherwise commit a breach of any term(s) or condition(s) of this Agreement;
          • After 1 (one) month advance notice for any other reason. 
        • Upon Termination of this Agreement and the Service:
          • You shall immediately cease use of the Service and the E-Networks Equipment, and shall return by any method requested by us, within 3 (three) business days after termination of the Agreement or the service, all of the E-Networks Equipment in the same condition as received on the date of installation of same, fair wear and tear excepted, 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 use of the Service and the E-Networks Equipment up to the effective date of termination of this Agreement or the date on which the Service is disconnected, and the E-Networks Equipment has been returned pursuant to this Agreement.
          • You shall permit our employees and/or agents to access your premises during regular business hours 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 may change its Service delivery methods or platforms from time to time which may require you to change Equipment and/or Equipment settings to continue to use the Services. You agree that such changes do not constitute changes to the conditions of the Service. We will not liable for any costs incurred as a result of any changes required to be made by you.
        • 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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
      7. LIMITATION OF LIABILITY; NO WARRANTIES; WARNING.
        • Limited Warranty: Neither the Service Provider nor our servants or agents warrant that the Subscriber will be provided with uninterrupted service or error free. 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 due to a technical malfunction for 5 (five) consecutive business days or more. To qualify for such credit, the Subscriber must request the credit from the Service Provider within 10 (ten) days of the failure. Credits shall be applied only against current and future fees payable by the Subscriber for the Service and any credit provided shall be in sole discretion of the Service Provider and no event shall constitute or be constituted as a course of conduct by the Service Provider and neither the Service Provider nor its affiliates or agents warrant that any data or files sent by or to the Subscriber 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.
        • Indemnity: You hereby 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 or your use thereof including without limitation claims of slander infringement of patents arising from combined with, or used in connection with the Service.