General Terms And Conditions For Business Voice, Internet And Television Services
THIS VERSION OF OUR CONTRACT IS SPECIFIC TO BUSINESS CUSTOMERS.
These terms and conditions are divided into a general section that applies to every service (GENERAL TERMS AND CONDITIONS), and then into service-specific terms and conditions (SPECIFIC TERMS AND CONDITIONS). The services that we provide are voice telephony, television, and Internet services. Please read the general section and each section that applies to your service because the GENERAL TERMS AND CONDITIONS and the SPECIFIC TERMS AND CONDITIONS that apply to each service and device(s) that you acquire from us, will apply together. Your order and both of these sets of terms and conditions will constitute our contract. If there is any doubt about which of these provisions applies, the GENERAL TERMS AND CONDITIONS will always take precedence.
GENERAL TERMS AND CONDITIONS (BUSINESS)
1. The parties to this contract: “CBL” is Cable Bahamas Ltd or “us”, “we” or “our”. CBL trades as “Rev”. Our registered office is located at GT Corporate Services, Sassoon House, Shirley Street and Victoria Avenue in Nassau, The Bahamas.
“You”, “your” or “end user” is the business customer who orders, or pays for, and uses any or all of our television, Internet, or voice telephony services (“the services”) and “you” includes your personnel or anyone who uses the services subscribed for by the business customer (“your users”).
This contract also covers any device that is used in conjunction with the services if that equipment is obtained from us (“device(s)”).
2. Requirements to conclude a contract as a business customer:
If you wish to obtain services as a business (an incorporated body or any form of company, partnership or other business entity), we will require the following from you before we can activate the services:
a. a security deposit – this may include a separate deposit for any devices that are made available to you, and we may require you to top up the deposit from time to time if the usage of our services by the business and your users increases materially;
b. identification for the individual who is applying for the contract on behalf of the business, who may be an officer of the company, or any other person who is specifically authorised to act on behalf of the business and a personal guarantee of payment from an officer of the company;
c. Copies of Certificate of Incorporation and Good Standing, business licence, VAT registration certificate, and other relevant documents that we may require, such as if the business has a change of name, we will require a change of name certificate;
d. if the business will require devices to be installed in their premises, we will also require consent in writing from the landlord to install the devices;
e. a copy of the business’s value added tax compliance documents; and
f. depending on the number of your users to be connected through the business account, we may also require a resolution from the owners or directors or management of the business authorising the person referred to in (ii).
3. This contract applies to your use of the services:
a. This contract comes into effect when you place the order, or when anyone in the business activates any of the services or we activate any of them on your behalf. When this contract comes into effect it will be binding on the business, your users, and everyone using services in the name of the business.
b. In entering into this contract, the business will be representing to us that it is authorised to trade under the law of the Commonwealth of The Bahamas and to enter into this contract with us, and that it is able to make payment of its accounts as they are presented.
c. Each of your users will be representing to CBL that he or she is at least 18 years of age. If you allow persons who are under the age of 18 to use our services or our devices, you will be liable for all charges that they may incur.
d. You may not resell any service to any person.
e. The services must only be used for lawful purposes, and the transmission of any material or information arising from your use of the services (which includes your users use of the services) must not violate any applicable law or regulation of The Commonwealth of The Bahamas or any other jurisdiction that you are transmitting the material or information to.
f. If you do not pay for the services we may disconnect you or any of your users or suspend your and/or their ability to use the services.
g. If you or your users use our website at www.rev.bs or any related websites that we operate that may be linked to this website in order to view or order services or devices, or to access any policies or other terms and conditions (including these GENERAL TERMS AND CONDITIONS and any SPECIFIC TERMS AND CONDITIONS), please ensure you and your users are familiar with our Acceptable Use Policy which is on our website.
4. This contract applies to your and your users’ use of devices:
a. No one may sell or transfer any device that you or your users acquire from us unless you are entitled to take ownership of the device and you have paid for the device in full. A device may include a set top box, telephone, or anything used to provide television, data or telephony services.
b. Once we have installed the device, you may not move it without our permission unless it is moved within the same set of premises. If it is lost, damaged or stolen you must tell us immediately by contacting 601-2200 (New Providence), 602-8800 (Grand Bahama), 1-242-300-2200 (toll free) or via email at firstname.lastname@example.org.
c. No one may tamper with a device in any way, including changing or removing a device’s serial number, or the equipment identifier of a device, or performing a factory reset, or adjusting any component of a device in any way. If a device is not working, please contact 601-8910 (New Providence), 602-8810 (Grand Bahama), 1-242-300-2200 (toll free), WhatsApp 738-9060 or email at email@example.com.
d. No one will own a device, however you will be liable for the safety of the device once it has been delivered to you or any of your users. You will bear all the risk of loss due to theft or damage to every device from this date even if it is not paid for in full.
e. You understand that the device rental charge shall continue in full force until the device is returned to us. If your device is not returned to us after your services are disconnected, you will be charged the full price of the device(s).
f. All repairs and modifications of the system shall be made by us or our authorised agents.
g. If a device has become obsolete because new technology has required that you should use a new device to fully benefit from the services, we may require you to return your existing device(s) and obtain a new one. There may fees associated with the upgrade.
a. It is important to remember that whether or not an individual is expressly authorised by the business to receive services and/or devices from us, if they represent to us that they are entitled to receive services and/or devices as your user, and have the relevant business information, we will hold the business liable for all charges incurred by them.
b. Each service will have its own price and the charges must be paid according to the terms and conditions for that service. When you order a service and if we agree to provide it, we will create an account for you in your name, and you will be responsible to pay all the charges on that account for all use of your service, even if you have not used the service yourself.
c. Charges may include the price for a device or a use fee, installation charges, call charges, monthly service charges, or charges per megabyte of usage, as the case may be. We will notify you if there are any additional or other charges and if you have to pay an additional security deposit against any credit risk that we assume in providing a service or a device to you. With effect from 1 July 2018, all charges shall also be subject to the current rate of Value Added Tax (“VAT”) as required by the Government of The Bahamas. This will be reflected on your contract and statements.
d. Statements may be presented to you by email and you agree that an emailed statement will be adequate for delivery to you. If you do not dispute a statement within 1 month under clause 14, the statement will be deemed to be accepted by you.
e. We may offer a refund or other compensation in certain limited cases where we do not meet the quality of service standards, including for example, where we do not reconnect you within 8 hours. Please see clause 7 of the GENERAL TERMS AND CONDITIONS.
f. Charges are payable on the 20th of each month, and some charges may be payable in advance.
g. Statements not paid by the due date shall be subject to a late payment charge on the overdue balance or clause 11 may apply. A returned payment fee shall be charged to your account if your payment is rejected for any reason. We reserve the right to continue provision of the service on a prepaid basis only, or to impose a credit limit on your account with respect to usage charges (billed and unbilled), or to suspend your service until we receive full payment of the outstanding charges.
h. If you are receiving services under a promotion, when that promotion ends, the usual charges for the service will apply.
i. If you are entitled to a discount on any services or if any savings can be made on any service that you are acquiring, we may advise you of this at the time when you acquire the service.
j. Note that the online instant balance shown on your account may differ from the actual balance on your account. This is because we may be updating your account, or you may have incurred additional charges between the time you access your online account and the time you receive your final statement.
6. Changes to the contract or services:
a. Charges and terms and conditions may change. We will provide 1 calendar month’s notice of any changes.
b. You may migrate or upgrade a service on request to us and on payment of the relevant charge which is published on our website at rev.bs.
c. Changes to the terms and conditions will be published on our website along with the effective date when the changes will take effect. Once effective, the changes will be binding on you. You should regularly check the notices that we post to our website so that you are aware of any changes.
d. If you do not want to continue the contract because of any change, you may cancel your services by giving 1 month’s written notice to us by telephone at 601-8910 (New Providence), 602-8810 (Grand Bahama) or toll free at 1-242-300-2200 or via email at firstname.lastname@example.org.
e. If you continue to use the services, we will assume that you accept the changes and we will continue to charge you at the new price or with the new change in terms and conditions.
7. Quality of service:
a. Our services are provided according to regulated quality of service standards and our Customer Satisfaction Policy. These standards may be reviewed on the website of the Utilities Regulation and Competition Authority (“URCA”) here. Our policy may be viewed here.
b. There may be occasions when the services or any one of them will not be available for example, if we have to perform maintenance or upgrades. We will always try to give you as much notice as reasonably possible beforehand.
c. We cannot warrant that the services will be available 24/7 because force majeure events such as adverse weather conditions, or interruptions in the power supply, civil disturbances, industrial disputes, or a problem with international services that we depend on, or equipment failures may cause interruptions or delays or other difficulties in accessing your services. We are not liable for any failure of the services where it results from force majeure because events of force majeure are not within our reasonable control.
d. We will always try to make the services available as soon as possible.
e. If a service is not available for 3 days or more EXCEPT if (a) or (b) apply, then you may report the problem by emailing email@example.com or by calling Commercial Support on 242-601-8910 to determine if you are eligible for service credits.
f. If a device is not working, please see clause 4.
a. If you have ordered a bundle of two or services, please note that the price for each service may be different when it is provided as part of a bundle.
b. If you wish to buy a bundle of services for one or more of your users, you are entitled to ask for the individual charges for each service and we will provide this information to you.
c. We may not be able to provide all of our services as a bundle in a particular geographic area, please check the availability of our services in your area before you place an order.
d. We may require you to take a minimum contract term for a bundle or for one or more services in a bundle. Please ask for more information about this if you wish to purchase a bundle.
e. If one or more services (or users) are terminated or suspended, the standard monthly fee will apply to each remaining service (or user, as the case may be).
9. Privacy and data protection:
a. You are allowing your users to make use of services that may require certain information from them to verify that they are who they say they are. Therefore, we will need to obtain certain personal information from your users.
b. We may use this information for purposes of contacting a user to ask you about his or her experience of the services, to notify you or your user about anything that is important in relation to that user’s use of the services, for marketing purposes, to monitor usage, or for quality control. We may need to contact a user by email, SMS or other instant message or by calling that user unless the user asks us not to, in writing, but this will mean you and/or your user may not receive important messages about changes to terms and conditions, prices, and new features.
c. We will keep all information safely stored and will not share this with anyone (unless we are legally required to do so) without your permission. You may always ask us for a copy of all of the information that we have stored for you and your users.
d. We will not store your credit card or bank account information unless you ask us to when you make payment, and you may withdraw your consent to this by notifying us by email to firstname.lastname@example.org. For the purposes of efficiency, we may need to store your information outside of The Commonwealth of The Bahamas. If you do not want us to do this, please notify us as soon as possible by email to email@example.com.
e. If we are required to disclose your or your users’ information or content that you or your users or any of them have made available using our services, or other activities that you have carried out using any services or devices provided to you by us to law enforcement agencies or on receipt of any warrant or lawful direction, then this clause 9 shall not apply.
10. Intellectual property rights: You acknowledge that we own the intellectual property rights in and to all of the services or, in the case of devices, we are licensed to provide them to you and the licensor owns all of the intellectual property rights. None of the trademarks and intellectual property of CBL or our device manufacturers may be used by you without our express permission. “Intellectual property” means, for example, ideas, designs, logos, components, formulae, copyright or patents.
11. Termination or suspension of services and removal of devices:
a. You may terminate this contract at any time by giving us 1 month’s notice in writing unless noted otherwise.
b. If you do not pay your account on time or within 45 calendar days of the due date, we may suspend. If we intend to suspend the services we will give you 5 business days’ notice but you should take note that charges will still apply while the service is suspended. The notice will set out what you are required to do to avoid suspension. If you fail to pay your account even after the suspension notice has been served on you, we may disconnect you from the services on a further 5 days’ notice. We will then pass your account to a collection agent and legal action may be taken to recover the unpaid debt.
c. If you have not paid on time or at all for a device, or if we suspect or find out that you have tampered with the device in any way, or conducted activity which interferes with or compromises the integrity of our computer network or equipment, or constitutes unauthorised use of equipment, we may suspend services to all or any users, and/or we may wish to remove the devices and you give us permission to enter your premises to do so.
d. If you or any user uses the services or a device or both in breach of this contract or in a manner that is unlawful, or if a user is not at least 18 years old, we will terminate this contract immediately by giving you written notice, and we will terminate your users’ use of the services and remove the device(s).
e. In all cases, you will remain liable for all outstanding charges and late payment fees and we will claim this from you if we take legal action against you, together with any legal fees we incur in doing so.
f. If we reconnect the service or return a devices to you or any user, this will be at our discretion, and you will be required to pay a reconnection fee. We do not waive our right to collect the full balance owed to us by accepting partial payment.
a. If you received a device(s) from us for use with our services, then we will replace it within a period of 90 days from the date on which we deliver the device(s) to you, if a material defect in the device(s) is discovered but this is the limit of our warranty.
b. This warranty does not apply to any damage caused by you or from ordinary wear and tear.
c. By entering into this contract you acknowledge and agree that we are not the manufacturer of any devices and we do not make any representations (whether direct or indirect, express or implied, written or oral) in connection with any device.
d. We will take reasonable precautions in line with general market practise, to protect our services from unauthorised activity. However, we do not warrant that our services or our devices will be incapable of being hacked, tampered with, or that any other interference by third parties will not take place without our knowledge or without our consent. “Hacking” includes the illegal accessing of and/or subsequent manipulation of private information in any form.
e. OTHER THAN THE LIMITED WARRANTY IN (a) ABOVE, WE DO NOT OFFER ANY OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE OR SERVICE FOR A SPECIFIC PURPOSE, OR INFRINGEMENT OF PATENTS OR COPYRIGHT, OR THAT THE DEVICE OR SERVICE IS ERROR-FREE OR WILL MEET YOUR REQUIREMENTS.
13. Your and our liability:
a. WE ARE NOT LIABLE FOR AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CBL, ITS DIRECTORS, ITS OFFICERS, AND ITS EMPLOYEES AGAINST ANY CLAIMS, LOSSES, DAMAGES, INJURY, FINES, PENALTIES, COSTS AND EXPENSES INCLUDING LEGAL FEES, THAT MAY ARISE AS A RESULT (WHETHER DIRECTLY OR INDIRECTLY) OF:
i. YOUR (OR YOUR USERS OR ANY OF THEM) USE OR MISUSE OF THE SERVICES OR THE DEVICE;
ii. YOUR BREACH OF THIS CONTRACT OR ANY LAW; AND
iii. ANY COMPROMISE OF YOUR SERVICE OR PERSONAL DATA OR PRIVACY,
b. HACKING OR SPAMMING THAT YOU MAY SUFFER.
BY ENTERING INTO THIS CONTRACT, YOU ACKNOWLEDGE AND AGREE THAT
YOUR SOLE REMEDY IN RELATION TO ANY DEFECT IN THE DEVICE OR SOFTWARE INCLUDING MANUFACTURE OR DESIGN SHALL BE AGAINST THE MANUFACTURER OF THE DEVICE OR SOFTWARE AND CBL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, SUBSIDIARIES AND AFFILIATES SHALL HAVE NO LIABILITY OR OBLIGATION TO YOU OF ANY KIND WHETHER IN CONTRACT OR FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANYONE USING THE DEVICE OR SOFTWARE AND WHETHER OR NOT CAUSED BY OUR NEGLIGENCE, TO THE EXTENT THAT THIS IS ALLOWED BY LAW.
c. This clause will apply even after the contract has ended for any reason.
d. You will not be liable for any claims, losses, damages, fines, penalties, costs and expenses (prejudice) under (a) or (b) to the extent that we are proven to have contributed directly and substantially to the prejudice because we intentionally committed a wrongful act. In this case, our liability will be limited to 20% of the total charges incurred by you in the preceding 12-month period or the proportionate amount, as the case may be.
14. Dispute resolution and complaint handling:
a. You have the right to complain to us if you are not satisfied with the services you receive from us, or if you dispute the charges for those services.
b. If you wish to dispute any amount that is included in your statement, or any other matter under this contract, you can send a written notice to firstname.lastname@example.org, or to Cable Bahamas Ltd addressed to the Manager, Complaints Handling and Customer Experience, Robinson Road, P.O. Box CB-13050, Nassau, The Bahamas with your account number, within 10 days of the date of the statement if the matter relates to a statement, or within 30 days for any other matter. You may also submit a complaint by telephone or by going to any of our customer service centres in New Providence, Grand Bahama, Abaco, or Eleuthera.
c. You will need to provide as much information as possible to support a complaint by the business or by your user including (whichever is relevant) the dates on which an event took place, the precise invoice or charges in dispute, and records of any calls or correspondence pertaining to the user in respect of which the complaint is made.
d. Once a complaint is received by us, we will issue the complaint a unique identifier code so that you can track your complaint up to its resolution.
e. A complaint will be acknowledged within 5 business days of receipt by us, at which time we will advise when you can expect to receive a response to your complaint. We will address our response to the business and not to the particular user.
f. In all cases, we will investigate the dispute and notify you of our findings within 30 business days.
g. If our Customer Experience Agents cannot resolve your complaint within an acceptable time it will be escalated. our Manager of Customer Experience will then work with you to try and resolve your complaint. If that does not work, we will then escalate your complaint to the Director of Customer Experience or the Vice-President of Customer Experience. We settle most outstanding complaints at this stage, but if we are unable to resolve your complaint, we will explain our final position.
h. If you are not satisfied with the way we have addressed your complaint, you may escalate the matter and these steps will apply:
i. Indicate that you are not satisfied within 10 days of the date in (f) by sending us a written notice addressed to the Manager, Customer Experience, Cable Bahamas Ltd. P.O. Box CB-13050, Nassau, The Bahamas setting out exactly what the dispute was about and why you are not satisfied with the way we resolved it;
ii. We will arrange a meeting with 2 senior managers to hear and decide on your dispute provided they have enough information at their disposal;
iii. If they need more information they will ask you for it if it is your information, or they will obtain it from the business if it is our information, within 2 business days; and
iv. They will then decide the matter finally within a further 5 business days.
i. In the case where we find that your statement was incorrect, we will correct it and (i) if we overcharged you, we will refund you within 7 days, and (ii) if you were under-charged, the additional amount due will be added to the next month’s statement.
j. These provisions apply to any dispute between your user and us, and we will deal only with you and not each individual user.
15. General legal provisions:
a. These general terms and conditions and the terms and conditions of each service constitute the contract between us, which will be governed by the laws of The Commonwealth of The Bahamas, and we and you submit to its jurisdiction.
b. If any term or condition set out here has to be deleted because it no longer applies, that will not affect the rest of these terms and conditions.
c. Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of that right or provision, unless acknowledged and agreed to by us in writing.
d. You agree that service of any notice referred to in or required by this contract will be effective if sent to the email address you provide to us. If you wish to give notice to us (other than as already set out in these terms and conditions), then you may do so by delivering a written notice to us at Cable Bahamas Ltd, Robinson Road at Marathon, P.O. Box CB-13050, Nassau, The Bahamas.
e. We may assign this contract in whole or in part without your consent, but we will give you notice if we intend to do this.
Revised June 2020