TERMS OF SERVICE
These Terms of Service (or, “TOS”) are part of the Contract (defined below) between you and WestTel Limited (doing business under the trade name “Logic”) (hereafter referred to as “Logic”).
These TOS incorporate any additional terms contained in any paper or online order form for any Service(s), as well as any brochure, user guides, and any other materials incorporated by reference (such as Logic’s Acceptable Use Policy) (“Orders/Materials”). If there is any inconsistency between the TOS and any Orders/Materials, the TOS will prevail. The Orders/Materials and the TOS are, together, the “Contract”.
ACCEPTANCE, COMMENCEMENT & CHANGES
1). How do I accept the Contract with Logic and when does the Contract commence? The Contract commences and becomes effective on the date that you accept the TOS (see Section 2) (“Commencement Date”). You can accept the Contract (i.e. the TOS and the Orders/Materials) by signing these TOS or by ticking the box on the Orders/Materials to accept the TOS. By accepting the Contract, you are also agreeing to the terms and conditions contained in any Orders/Materials. Your continued use of a Service will be your acceptance of such terms and conditions and these TOS.
2). Who can make changes to the Contract and how? Only Logic can make changes to the Contract, but (depending on your Service and the plan details) you may be able to add or remove certain features. Logic may change the Contract after any Fixed Service Period by giving you at least 30 days advance notice of the change via mail, fax, e-mail or made available electronically. You will be bound by revised versions of this Contract that we send to you. Your continued use of a Service will be your acceptance of such change(s).
SERVICES COVERED; UPGRADES
3). What is covered by the Contract? Your use and receipt, of the Logic Internet (local access and broadband), land line phone, local and long distance voice, and television services that you order, as well as any related services (“Services”) and any additional equipment supplied by Logic (“Logic Equipment”) (e.g. receivers, modems, etc.). For a list of related services, see www.logic.ky. Your Equipment (defined in Section 22) is also covered.
4). What does Logic promise regarding the Services? Logic agrees to provide the Services to you, subject to the terms of this Contract.
Are there any specific terms regarding television services? Yes. The channels made available to you as of the Commencement Date are set-out in your Order. Details regarding packages are available at www.logic.ky. You acknowledge and agree that the channels and/or programming provided as part of the Services may change (including, being suspended, blacked-out, or cancelled permanently) from time to time without notice. In addition, Logic may substitute alternative programming and/or channels to replace changed programming/channels. Logic will use reasonable efforts to provide you with reasonable notice of such cancellations. The TV Services may also include video on demand and pay per view programming, interactive programming and related personal video services.
TERM, AUTO-RENEWAL, TERMINATION & SUSPENSION
5). How long is my Contract with Logic? How does it renew? Services are provided to you on an ongoing monthly basis (“Month-to-Month Service Period”), unless when you order the Services you and Logic agree to a minimum contract period (“Fixed Service Period”) for any Service(s). The term of any Service will begin on the Commencement Date, and will expire at the end of the first Month-to-Month Service Period or the Fixed Service Period, as applicable (“Initial Service Period”). Upon expiration of an Initial Service Period, the Service will continue on a Month-to-Month Service Period at Logic’s then-applicable rates unless you cancel the applicable Service or unless Logic or you terminate this Contract.
6). How does the Contract or any Service get terminated? You can terminate the Contract by e-mailing email@example.com if Services are not connected by Logic within 15 days of your order form date, and the delay was solely the fault of Logic. After the Initial Service Period, you can terminate the Contract by giving Logic at least 30 days written notice by e-mailing firstname.lastname@example.org.
7). Are there fees for terminating early? Yes. You must pay an early termination fee for any Service(s) you terminate prior to the end of any Fixed Service Period. The fees are equal to 50% of the total monthly charges for each early terminated Service, multiplied by the number of months left in the Fixed Service Period.
8). Can Logic disconnect/suspend or terminate my Service(s)? Logic may terminate or immediately suspend or disconnect any Service(s) for any of the following reasons: failure to pay any amounts due, material breach of this Contract, or direction from a lawful authority.
9). What are the parties’ rights and responsibilities after suspension or termination? All outstanding amounts for the affected Service(s) and Equipment will become immediately due and payable. The parties will provide each other with all assistance reasonably necessary in order to terminate their relationship.
10). Does any part of this Contract continue after termination or suspension of the Services? Yes. The following sections will continue to survive and remain in effect: Sections 11, 12, 13, 17, and 27 through 33. All accrued obligations and rights of the parties will also survive.
FEES, PAYMENTS, & PENALTIES
11). How does Logic invoice me? When are payments due? Invoicing starts when any Service first becomes available for your use/receipt. For recurring charges, invoices will be monthly in advance. Non-routine non-recurring charges (e.g. time and materials fees, installation fees, usage fees) will be invoiced monthly in arrears. You must pay all amounts due by the due date stated on the invoice (“Due Date”).
12). What Fees do I have to pay? The following “Fees”: fees for Equipment; one-time fees to install or set-up Services; monthly fees for the Services; overage fees for connect time or volumes over and above any minimums included in the Service; disconnection fees; reconnection fees ; downgrade fees; fees for Logic Equipment that is damaged or not returned after suspension or termination; fees on a time and materials basis to fix faults or repairs due to any cause other than Logic’s misconduct or fair wear and tear; and, fees on a time and materials basis or Logic's minimum call-out charge, if Logic is called out and no fault is found on the Logic Equipment.
You will be charged the price(s) set-out on your most recent order form(s) for the relevant Service(s). However, the fees for disconnection and reconnection depend on the circumstances surrounding such disconnection or reconnection. Please inquire as to the applicable disconnection fees by e-mailing Logic at email@example.com.
13). What penalties and consequences apply for late payment? If Logic doesn’t receive your payment by the Due Date, you will be charged either an amount of $10 per month or monthly interest of 1.5% (depending on the Service) of the outstanding balance. If payment is rejected, then you must pay additional charges and Logic may continue your Services only on a pre-paid basis or impose a reasonable credit limit for any usage charges. Logic may suspend your Services if the credit limit is exceeded.
NOTE FOR ATM, ONLINE AND DROP BOX PAYMENTS: Payments made at an ATM, online or at any drop box location will take at least 3 to 5 clear business days to register on Customer's account.
14). What information do you need to provide prior to Service activation? You will be asked to provide your physical address, contact number, email address, a valid credit/debit card ("Card") number and valid photo identification.
15). Do I have to keep my credit/debit information current? Yes. You must provide Logic with updated Card information upon request and any time the information previously provided is no longer valid. All invoices will be sent to the address or email address on file at the time. If you enroll in Logic’s Paperless Billing Program, you will no longer receive a paper bill. Instead each month you will receive an email notifying you that your bill is available online for viewing. You agree to notify Logic immediately of any changes in your email address. If a paper bill is requested Logic will charge $2.00 for each paper bill.
16). Can Logic require a credit check, credit reference or a security deposit? Yes. Logic may require a credit check, credit references and/or a security deposit prior to activation of any Service. You agree that Logic is permitted to use your personally identifiable information in connection with such credit checks and references.
17). What charges do you have to pre-authorize? You authorize Logic to charge and place a hold on the Card for any unpaid charges for Service and any related Equipment. You also authorize the payment of all amounts owed, without requiring a signed receipt. Logic has no liability for non-sufficient funds or other charges incurred in charging or placing holds on your Card.
INQUIRIES, COMPLAINTS & DISPUTES
18). How do I make inquiries regarding Services? Contact Logic via firstname.lastname@example.org, including to obtain up-to-date information regarding delivery, installation and activation
19). How do I initiate a complaint? How do disputes get resolved? If you question or dispute any amount invoiced to you, you must do so within 45 days of the invoice date by e-mailing email@example.com. Logic will investigate any disputes promptly and notify you of the findings.
LOGIC’S WARRANTIES - SERVICE AND LOGIC EQUIPMENT
20). What does Logic warrant? Logic warrants that it will provide the Service with the reasonable skill and care of a competent telecommunications service provider. Logic also warrants that Equipment sold by Logic to you, under this Contract, for outright ownership by you, will function substantially in accordance with any documentation provided by Logic with such Equipment, for a period of 90 days from the purchase date. If the Services or Equipment do not conform to this warranty, then Logic will use commercially reasonable efforts to promptly correct the non-conformance or provide you with an alternative means of accomplishing the desired performance. This remedy is your only remedy for breach of this Section.
21). What does Logic NOT warrant? LOGIC DOES NOT PROVIDE ANY OTHER WARRANTY REGARDING ANY SERVICE OR THE EQUIPMENT, WHETHER EXPRESS OR IMPLIED, AND ALL SERVICES AND EQUIPMENT ARE PROVIDED “AS IS”. IN ADDITION, Logic does not warrant or guarantee that its Services OR EQUIPMENT will be compatible with YOUR equipment.
CUSTOMER RESPONSIBILITIES – SERVICES, LOGIC EQUIPMENT, AND INSTALLATION
22). Who is responsible for use/receipt of the Services and Equipment? You are responsible for your use and receipt of the Services, any equipment and systems you own (“Your Equipment”), and any Logic Equipment you use with the Services (together, “Equipment”). Risk of loss or damage to Equipment, no matter the cause, passes to you upon delivery and remains with you until the Logic Equipment is returned to Logic in good working order.
23). Who owns the Logic Equipment? Logic, even while it is rented or loaned to you. You acknowledge that you at no time acquire any proprietary rights in the numbers or codes allocated to you and that Logic may, in its sole discretion, change or withdraw such numbers or codes for any reason. You acknowledge that all proprietary rights in the internet protocol (IP) addresses assigned to you shall remain with Logic and that Logic may, in its sole discretion, change or withdraw IP addresses for any reason.
24).What rights do you give Logic, and what are your responsibilities, regarding installation and removal of Logic Equipment? You authorize Logic to use any Equipment to install, connect, disconnect, inspect, alter, or remove the Service(s) or Equipment in a location or locations requested by you, including your premises. You will provide Logic sufficient, free and safe access to your premises and all Equipment.
25). What are your responsibilities for use/receipt of the Services and Equipment? You promise, and you represent and warrant, to Logic that you are at least 18 years of age and that you will:
maintain and return the Equipment in good working condition, following manufacturer’s recommendations;
return all Equipment to a Logic retail store when your service is terminated unless you are vacating the premises and you have been instructed by Logic to leave the Equipment at the premises. If you require assistance disconnecting your Equipment you may make a request for a Logic technician to visit your premises to remove the equipment;
promptly pay Logic for any lost, stolen, unreturned, altered or damaged Logic Equipment;
use the Services and Equipment in line with this Contract and for lawful purposes only; and
only use the Services and Equipment for your personal or home usage and not make them available to, or for the benefit of, any unauthorized person or third party, except with the prior written consent of Logic, and that admission will not be charged for listening to or viewing the Service. Logic may terminate the Services in accordance with Section 8 if the use of the Service exceeds the terms of such consent.
26). What risks do you take on regarding your use/receipt of the Services and Equipment? By using the Services and/or Equipment, you take on the following risks:
27). Under what circumstances do I have to make Logic whole? You agree to indemnify, defend and hold harmless Logic from any and all claims, demands, actions, costs, expenses, damages and liabilities (including reasonable legal fees and expenses) (“Claims”) that arise in any way from your use and/or receipt of the Services and/or Equipment, including but not limited to Claims of slander and intellectual property infringement. Your obligation under this Section extends to Logic and its affiliated companies, and their shareholders, directors, officers, employees, agents, and contractors.
28). How is Logic’s liability limited? Logic is not responsible for any damages suffered in connection with this Contract by you or anyone, including damages that are direct, indirect, consequential, incidental, economic, exemplary or punitive. These include, but aren’t limited to, damages such as loss of business opportunity or loss of data. It does not matter whether the damages are based on negligence, breach of contract, fraudulent use, hacking of Logic’s services, or any other reason. Without limiting Sections 28 or 29, if Logic were in any event found liable for a claim regarding this Contract, Logic’s liability is limited to the maximum aggregate of Fees paid by you during the calendar month immediately preceding the date the claim first arose.
29). Are there circumstances where Logic doesn’t have liability? In addition to the circumstances described in Section 28, Logic is not responsible for any loss, liability, damage, expense or claim for any failure of the Service(s) or Equipment, or for performance by Logic of any obligations related to the Service(s) and/or Equipment, due to any cause beyond its reasonable control (e.g. acts of war, terrorism, civil unrest, sabotage, labour difficulties, natural disasters, power outage, flood, embargo, unavoidable catastrophe, explosion, act or omission of a governmental authority, or act or omissions of a service provider.
30). What laws apply to the Contract? The laws of the Cayman Islands govern.
31). Can you and/or Logic transfer this Contract? You may not transfer or assign this Contract, your account, the Services or the Logic Equipment without Logic’s prior written consent. Logic may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without notice or consent.
32). What if parts of this Contract become unenforceable or Logic does not enforce a right? If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply. Remember that even if Logic decides not to enforce any part of this Contract for any period of time, the term still remains valid and Logic can enforce it in the future.
33). How can the parties notify each other? Any other notice or communication required to be given or served under this Agreement must be in writing and delivered or sent by mail, e-mail, or courier service, as follows:
34). How can I remove my contact information from Logic’s marketing contact list and/or stop Logic from calling me for marketing purposes? You can request removal from Logic’s marketing contact list for phone calls, text messages and emails by emailing firstname.lastname@example.org. If you are contacted by telephone by Logic for marketing purposes you can request to have your telephone number placed on a do-not-call register for marketing purposes.