MOBILE TERMS AND CONDITIONS

Thank you for choosing ONE Communications (Guyana) Inc., (hereinafter referred to as “ONE”). In this Customer Agreement (“Agreement”), you’ll find important information and terms and conditions about your Services. 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 AND CONDITIONS, DO NOT USE THE SERVICES AND CONTACT US IMMEDIATELY TO TERMINATE THEM.

Please note that by completing this signup process and subscribing for the mobile services being offered by ONE and by accessing and/or by using ONE mobile service(s) in any way, the Customer, as defined herein, hereby signifies its acceptance of the terms and conditions of use hereunder, which the Customer understands will form a binding agreement between the Customer and ONE. The Customer is hereby deemed to have read the below terms and conditions and to irrevocably accepted same.

This is an Agreement between ONE and the Customer for the provision of mobile services, including but not limited to, post-paid, pre-paid and/or roaming services on ONE’s mobile networks and/or its approved network partners. This Agreement, the Services and the use of equipment received and/or purchased by ONE, if any, as well as any third party’s equipment (‘the Unit or Device’) are subject further to applicable tariffs, regulations and/or the provisions of this Agreement. The Customer understands and agrees that ONE deserves the right to not accept or proceed with a Customer’s application without the need for prior notice and/or explanation.

This Agreement includes specific elements of the Services or plans offered by ONE, including the pricing, duration, any application early termination fees, and equipment pricing, all as described in information made available to the Customer when placing or confirming our order or activating the Services. This Agreement also includes ONE’s Privacy Policy applicable to the Services and other policies and materials specifically referred to in this Agreement, all of which are incorporated into this Agreement by reference.

1. INTRODUCTION

1.1. These terms and conditions (‘the Agreement’) outline the provisions that govern the use of the Services and equipment provided by ONE to the Customer. Further, the Agreement is made up of these terms and conditions, in addition to the terms and conditions contained in any documents produced by ONE including any application forms the Customer may sign.

1.2. “User(s)”, “You”, or “Customer” means customers or anyONE else who requests, uses or accesses ONE’s Services.

1.3. “Mobile Device” means the telecommunications equipment or device through/ by/ on which the Customer receives the Service.

1.4. “Internet” means the global information system consisting of a large number of interconnected computer networks that communicates through the use of TCIP/IP network protocols; commonly referred to as the World Wide Web.

1.5.“Mobile Data” means ONE GPRS (General Packet Radio Service) 3G, 4G LTE (Long Term Evolution) or 5G services, or any other mobile data transfer technology that ONE may introduce from time to time, as the case may be.

1.6. “Service” or “Services” refer to the mobile service including without limitation Mobile Data, post-paid, pre- paid and roaming services on ONE’s mobile networks.

1.7. ONE may amend, modify or substitute this Agreement at any time without prior written notice to the Customer. The Customer’s continued use of any Service after such amendment, modification or substitution constitutes the Customer’s acceptance of any new terms and conditions. ONE recommends that the Customer visits ONE’s website regularly to check for any updates and/or amendments to this Agreement and ONE shall not be responsible for the Customer’s failure to do so.

1.8. ONE reserves the right to establish policies, rules and limitations, from time to time, concerning the use of any Service, which shall be incorporated to form part of these terms and conditions. Failure to comply with it will result in the Customer’s service being restricted, disconnected, and/or terminated at ONE’s sole discretion.

1.9. As a condition of the use of the Service, the Customer warrants that the Customer will use the Service in accordance with ONE’s Acceptable Use Policy, included on ONE’s website and incorporated herein by this reference to form part of this Agreement. This Acceptable Use Policy may be updated from time to time at ONE’s sole discretion and without any need for notice to the Customer.

1.10. The Service and all information, documents and materials owned by ONE and/or on ONE’s website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All of ONE’s websites, corporate names, service marks, trademarks, trade names, logos and domain names are and will at all times remain the exclusive property of ONE. Nothing in this Agreement grants the Customer the right or licence to use and/or display any ONE’s marks.

1.11. The privacy policy included on ONE’s website and incorporated herein by this reference to form part of this Agreement applies to all Customers and the Customer hereby represents and warrants that the Customer will be bound to ONE’s privacy policy.

1.12. Subject to any statutory requirement issued by the Public Utilities Authority, Telecommunications Agency and/or other relevant statutory body, ONE will send any notice of any variation, amendment, modification, deletion or addition to any terms and conditions of this Agreement.

1.13. The Agreement is personal to the Customer. Unless ONE gives the Customer prior written consent, the Customer remains responsible for complying with the Agreement and the Customer may not pass any of the Customer’s rights or obligations to anyONE else, even if the Customer gives them the Mobile Device or equipment, or SIM Card, as defined herein.

2. AVAILABILITY OF SERVICES 

2.1. This Agreement shall become effective as from the date on which ONE activates the Service requested by the Customer.

2.2. This Agreement shall be valid for an initial period of (1) year from the effective delivery date but the Agreement will remain in force automatically thereafter on a yearly basis unless terminated by either party in accordance with the provisions of this Agreement (‘the Term’).

2.3. Service is available only when the Unit or Device is within the operating range of ONE’s mobile system or of an operator with which we have an applicable roaming agreement. Service is subject to transmission interference caused by atmospheric or topographical conditions and may be interrupted by equipment failure, modification, upgrade, relocation, repair, force majeure events and/or similar activities.

2.4. ONE may at any time do all such things that are necessary to the service features provided under the Services, SIM, or Equipment to ensure the quality of the Services including requiring the Customer to use a password to access the Service.

2.5. Subject to the law, ONE reserves the right to offer, change, rearrange, add, delete or otherwise modify the Services at any time, with or without prior written notice to the Customer. This includes changing, rearranging or otherwise modifying the various packages and any other feature, software and/or services offered.

2.6. ONE reserves the right through remote or other means to periodically update, monitor, upgrade, change or discontinue the software used to support the Services and to make related changes to the settings and software.

3. USE OF SERVICES

3.1. The Service is confined to the Customer’s own use and not for resale of any form of telecommunication service. Non-observance of this restriction shall be a ground for immediate termination of the Service, at ONE’s sole discretion thereof. The Customer hereby understands and agrees that the Customer has no proprietary and/or other interest in any mobile telephone number assigned by ONE, and further that ONE has the right to change any such mobile number from time to time. With the exception of GSM Units or Devices where numbers are stored on the SIM Card, each Unit or Device will carry only ONE telephone number and have ONE Electronic Serial Number (ESN) or International Mobile Subscriber Identity (IMSI). The Customer will be responsible for ensuring that this Unit or Device is technically compatible with ONE’s mobile system and conforms to any applicable rules and regulations prescribed by ONE or any Governmental or other regulatory authority.

3.2. If the Customer purchases a mobile device or equipment from a third party, the Customer understands and agrees that the said mobile device or equipment, does not form part of the Service and therefore, the Customer is solely responsible for any repairs to the said mobile device or equipment and for ensuring that it is compatible and can be used with any Service the Customer has subscribed to.

3.3. If Customers subscribes to the Service but use a mobile phone not provided by ONE that mobile phone must comply with standards to be determined by ONE. ONE cannot guarantee provision of the Service to Customer when Customer uses a mobile phone not supplied by ONE.

3.4. The Customer hereby understands and agrees that Mobile Devices purchased by the Customer from ONE may be locked to ONE’s Network and therefore the Customer understands that the Customer is hereby restricted from using ONE’s Mobile Device on any other network unless the Customer, subject to Clause 16 hereunder, is roaming.

3.5. Pursuant to Clause 3.4 hereof, the Customer further understands and agrees that if the Customer requires ONE’s Mobile Device to be used on any other network utilizing another SIM Card, ONE would be unable to unlock the ONE Mobile Device and therefore, the Customer will be required to purchase another mobile device.

3.6. The Customer understands and agrees that any mobile plan selected by the Customer does not automatically renew upon expiration.

3.7. Further to Clause 3.6, the Customer understands and agrees that the Customer will be required to purchase the Services manually by accessing the USSD menu, the MyONE app and/or any other method that may be prescribed by ONE, at its sole discretion thereof.

3.8. The Customer understands and agrees that when the Customer’s Service expires before the expiration date as a result of the Customer’s usage, the Customer may continue to access the Services through the use of Wi-Fi or access a free website that may be provided by ONE, and/or purchase a new plan or bundle using the Customer’s core balance.

3.9. The Customer understands and agrees that if at the time of expiration of the Mobile Data Plan purchased by the Customer, there is data remaining, the Customer has twenty-four (24) hours to purchase a new Mobile Data plan for the remaining data to be rolled over. Further, the Customer agrees that failure to purchase such Mobile Data plan prior to the expiration of the twenty-four (24) hours will result in the Mobile Data expiring and no further access to its use by the Customer.

3.10. The Customer understands and agrees that upon the expiration of the Customer’s Mobile Data plan, the Customer will not be able to access any remaining Mobile Data the Customer may have unless the Customer purchases a new Mobile Data plan.

4. RATES

4.1. Charges attached to the Services shall be based on approved rates published ONE from time to time including but not limited to ONE’s website.

4.2. Airtime charges shall be applicable to completed calls and for the purpose of this Agreement, a call is completed if it is answered by a person or by some device such as a fax machine, computer modem, answering machine, voice mailbox system and/or any other device.

4.3. Charges for outgoing calls will be billed in ONE-second increments and any fraction of a second will be rounded upwards to the next second save and except for charges for roaming which are billed in ONE- minute increments and any fraction of a minute will be rounded upwards to the next minute.

4.4. The charges as stated in Clauses 4.2 and 4.3 may change from time to time and as directed by ONE through notification.

4.5. If applicable and once consistent with the laws of Guyana, the Customer will also pay any applicable tax, fee or other charges imposed on ONE for the use of the spectrum or otherwise. Such tax, fee or other charges shall be added to the Customer’s bill.

4.6. The Customer acknowledges and agrees that ONE may amend their charges from time to time, subject to ONE giving the Customer prior written notice, which shall mainly be included on ONE’s website or any other method subject to the applicable Telecommunications Act or Regulations.

4.7. The Customer acknowledges and certifies that they been billed at the customer type that they have advised ONE – Consumer or Business - and Customer assumes any and all liabilities relevant to the payment of taxes, as applicable.

4.8. The Customer understands and agrees that roaming charges for the Service may be charged when outside ONE’s wireless network. The Customer understands that display on Customers’ Device will not indicate whether roaming charges are being incurred. Use of the Service when roaming is dependent upon the roaming carrier’s support of applicable network technology and functionality. Certain capabilities of the Service may vary or be unavailable in certain countries and with particular carriers while roaming. Availability, quality of coverage and Services while roaming are not guaranteed by ONE, and therefore the Customer hereby indemnifies and holds ONE harmless from any loss the Customer may experience or suffer. The Customer understands and agrees that billing by ONE for international roaming usage may be delayed up to three (3) months due to reporting between carriers. As such, the Customer represents and warrants that the Customer will be solely responsible for paying all roaming charges whenever the bill is rendered by ONE even if such bill is delayed for an extended period.

4.9. Some rate plans may include unlimited or limited voice, data or text messages between ONE wireless customers for a fixed fee. The Customer understands and agrees that certain services or volumes of usage more than normal may be outside of the plan chosen by the Customer and the Customer thus understands and agrees that the Customer would be charged additional fees by ONE. It is solely up to the Customer to check what types of usage are included in the plan.

4.10. Third party content or services may be billed directly on the Customer’s bill. The Customer may be charged monthly on the Customer’s bill for all transactions entered into during the previous billing period(s). If others use the Customer’s payment or account information, the Customers will be solely liable for charges incurred by such persons. If the Customer should have any questions on the Customer’s transaction history, the Customer may contact ONE’s customer care department or visit a ONE Store. ONE, at its sole discretion, may terminate the account of anyONE who seeks refunds on improper grounds. Transactions on prepaid services will be debited from the Customer’s account balance at the time of the transaction. If there are insufficient funds in the Customer’s account at the time of the transaction, the Customer will not be able to complete the Customer’s purchase and/or receive the requested Services.

5.PROVISION OF SIM CARD & Lost & Stolen Mobile Phones/SIM Cards

5.1. When the Customer’s handset is activated on ONE’s network, the Customer will receive a Subscriber Identity Modulewhich may be in the form of a digital SIM also known as an eSIM (“SIM Card”). The Customer understands and agrees that the SIM Card identifies the Customer to ONE’s, stores information about the Customer’s phone number, service and registration and provides the memory for the Customer’s phone book and stored messages. The Customer understands and agrees that the Service will not work without the SIM Card.

5.2. If the Customer makes calls on other Devices, using the Customer’s SIM Card such calls will automatically be charged to the Customer’s account.

5.3. If applicable, the physical SIM Card is the Customer’s property and therefore, the Customer must have the sole obligation to ensure the Customer’s SIM Card is kept safe and in good condition. The Customer understands and agrees that any theft, loss, damage and/or destruction to or deletion of the Customer’s SIM card will be the Customer’s sole liability. In order to have the SIM Card replaced, the Customer shall pay to ONE a replacement fee, as indicated by ONE, for the stolen, lost, damaged, deleted, and/or destroyed SIM Card. A replacement fee will not be charged in the event that a SIM Card is faulty or defective (as solely determined by ONE) and returned to ONE within a month of purchase.

5.4. The Customer must contact ONE arrange for the Service to be suspended if the SIM Card has been stolen. The Customer is responsible for all charges connected with the lost, misplaced and/or stolen Mobile Device and/or SIM Card until ONE disconnects the Service to the lost, misplaced or stolen Mobile Device and/or the SIM Card, following the Customer’s report. The Customer will still be required to pay all charges incurred up to the point of disconnection.

5.5. The Customer agrees to take adequate precautions to prevent damage to, or unauthorised use or theft of, mobile phone and the SIM Card.

5.6. If a Customer’s mobile phone and/or SIM Card is lost, stolen, deleted and/or damaged, you must call ONE’s Contact Centre immediately and upon a report, ONE will bar the mobile phone from making or receiving any calls.

5.7. The Customer understands and agrees that ONE does not track a customer’s mobile device if lost or stolen unless requested to do so by the competent authority, subject to the laws of Guyana. As such, the Customer hereby authorizes ONE to provide such information to the competent authority by any means of communication, including but not limited to electronic data transmission, call logs, text messages, all information concerning the above-mentiONEd “Telephone number(s)”, including but not limited to the Customer’s name and address, and/or some or all of the data contained in the application form submitted by the Customer, The Customer understands that such competent authority may further share the data, without ONE’s consent or knowledge, with third parties and as such, the Customer hereby releases ONE from all loss, damage and/or liability in connection with the provision of data to such competent authority and assumes responsibility for all consequences and any damages that may arise at any time due to use of the Data by any such third party.

6. USE, USAGE ADVANCE & SECURITY DEPOSIT

6.1. A deposit, and/ or a usage advance may be required by ONE based on the type of Service chosen by the Customer as well as ONE’s policies and procedures as may be in effect from time to time.

6.2. In instances where the Customer is required to pay a usage advance the amount of such usage advance will be agreed with the Customer.

6.3. The Customer understands and agrees that the Customer must Top Up the phone number associated with the SIM Card at least once every ninety (90) days in order to continue the use of the Services. The Customer’s failure to do this may result in the SIM Card, at ONE’s sole discretion, being disconnected from ONE’s Network, and upon the expiration of ONE hundred and twenty (120) days, the Customer understands and agrees that the phone number (MSISDN) associated with the SIM Card will be available to be reallocated by ONE, at its sole discretion, to another customer. ONE will be under no obligation to return a number to any Customer once such number has been reallocated.

6.4. The Customer will not be allowed to incur charges in excess of the usage advance paid, but if such charges are incurred, the Customer will be liable for them. The Customer may adjust the amount of the usage advance in conjunction with ONE.

6.5. Pursuant to Clause 6.3, the Customer understands and agrees that once the SIM Card is disconnected and/or the Agreement is terminated, any credit in the Customer’s account will be forfeited. If the Customer is disconnected and wish to be reconnected, the Customer may need a new SIM Card and phone number (MSISDN) that can be obtained from ONE at an additional charge. Once disconnected, ONE will be under no obligation to make any refund for the credit that may be remaining on the SIM Card or provide the Customer with the same number if this has already been allocated by ONE to another customer.

6.6. In instances where the Customer is required to pay a security deposit, this amount will be determined by ONE, at its sole discretion, and shall be payable upon notification by ONE to the Customer. The fact that a security deposit has been paid shall in no way relieve the Customer from complying with ONE’s requirement for prompt payment of bills on presentation, nor shall it constitute a waiver of ONE’s regular practice in relation to discontinuance of the Service for non-payment of any sum due to ONE by the Customer.

6.7. A Credit or usage limit will be established for all postpaid customers at ONE’s’ discretion. If the Customer exceeds the Customer’s established limit without entering into an arrangement acceptable ONE may suspend the Customer’s Service.

6.8. The Customer understands and agrees that the Customer will be liable for all charges for the Services provided to the Customer, whether or not used by the Customer, or used by another person with or without the Customer’s knowledge or consent and irrespective the use or transmission of the Services was successful unless it can be proven that it was as a result of ONE’s gross negligence or a default in ONE’s system.

6.9. The Customer may only use the Services: - a. As stated in this Agreement; and b. For the Customer’s personal use. This means that the Customer must not resell or commercially exploit any of the Services.

6.10. The Customer may not use the Services, or allow anyONE to use the Services for illegal, improper, defamatory, or unlawful purposes such as: -

• To create, use, copy, download, or provide any directory of ONE’s users or any other user or usage information to a person or organization, whether the Customer is paid for this or not;
• To falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file uploaded by the Customer;
• To send any message which is obscene or offensive in nature or is abusive, defamatory, menacing, harassing, threatening or unlawful in any other way;
• In any way which breaches any security or other safeguards or in any other way which harms or interferes with ONE’s network or the networks or systems of others;
• To use the Services in a manner that is in breach of any regulatory requirements or any laws of Guyana; or
• Anything that is protected by copyright, unless the Customer has express permission from the copyright owner.
• The Customer understands and agrees that ONE, at times, may have to: (a) alter the number associated with the SIM, or any other name, code or number associated with the Service; (b) suspend the Service for operational reasons, in cases of emergency, or for the Customer’s security; (c) bar certain numbers from the Service in order to prevent fraud and/or in circumstances where ONE would suffer direct loss. As such, the Customer agrees that ONE will have no liability as a result of this.
• The Customer understands and agrees that a breach of Clauses 6.10 and 6.11 will be for the sole account of the Customer and as such, any associated costs will be solely borne by the Customer.

6.11. The Customer understands and agrees that ONE, at times, may have to: (a) alter the number associated with the SIM, or any other name, code or number associated with the Service; (b) suspend the Service for operational reasons, in cases of emergency, or for the Customer’s security; (c) bar certain numbers from the Service in order to prevent fraud and/or in circumstances where ONE would suffer direct loss. As such, the Customer agrees that ONE will have no liability as a result of this.

6.12. The Customer understands and agrees that a breach of Clauses 6.10 and 6.11 will be for the sole account of the Customer and as such, any associated costs will be solely borne by the Customer.

7. BILLING AND PAYMENT

7.1. The Customer is responsible for the payment of all charges for the Service, including but not limited to access charges, airtime charges, including toll charges, and charges for service features.

7.2. Except where charges are payable in advance, the Service will ordinarily be charged in arrears on a single monthly invoice.

7.3. All bills rendered to the Customer must be paid in full on or before the due date shown on the bill or indicated by ONE. If a bill is delayed in the post or otherwise, it is the Customer’s sole obligation to make contact with ONE to verify the amount due and owing by the Customer. Where payment is made by cheque credit card or other instrument, ONE may charge the Customer a return fee if the cheque credit card and/or other instrument is dishonoured.

7.4. Being disconnected and/or suspended. Upon suspension, prompt payment of the outstanding amounts will ensure restoration of the Service. Nonpayment of bills after suspension in the stipulated time as indicated by ONE, at its sole discretion thereof, will result in permanent disconnection from ONE’s network, necessitating full payment of outstanding amounts and reapplication for the Service, which the Customer understands and agrees, may come at an additional cost. During the period of disconnection or suspension, the Customer will indemnify and hold ONE save and harmless from any loss or damage the Customer may suffer.

7.5. In the case of prepaid service, no bill will be sent to the Customer and network access will be terminated where the Service is deemed to be inactive by ONE, that is, if the Customer has a zero balance on the Customer’s account for a period in excess of the period prescribed by ONE and/or the value of the prepaid credit on the Customer’s account has expired and has not been renewed for a period in excess of the period prescribed by ONE, at its sole discretion thereof.

7.6. If the Customer purchases Mobile Devices from ONE for prepaid or postpaid mobile Service at ONE’s discounted rates, through a promotion or otherwise, that will be stipulated by ONE, at its sole discretion thereof, the Customer shall be required to retain active service with ONE for a minimum period prescribed by ONE in the said promotion. If the Customer fails to retain active Service for such period, the Customer will be liable for the payment of the difference between the discounted rate and the undiscounted retail price of the phone charged by ONE at the time of the Customer’s purchase.

7.7. The Customer must notify ONE of any contested charge prior to the due date for payment stated on the bill in which such charge appears. Charges in the same bill which are not contested shall be paid on or before the due date. If after investigation it is established to ONE’s satisfaction that the whole or any part of any contested charge is legitimate, then the Customer must pay such charges on the due date shown in the next bill.

7.8. ONE is required by law to ensure that its billing system is accurate and reliable, and ONE is committed to complying with such requirements. ONE’s records are sufficient proof that a charge is payable unless it is shown to be incorrect.

7.9. If a Customer has more than ONE account with ONE, such Customer may transfer any credit balance under any of the accounts to settle the outstanding charges under any other account or vice versa and/or ONE may transfer any outstanding charges under ONE account to any other.

7.10. The Customer understands and agrees that ONE, at its sole discretion thereof, may send bills in any format ONE chooses including without limitation email bill, paper bill, online bill and/or SMS bill. To ensure the Customer can continue to receive the bill, it is the Customer’s responsibility to notify ONE of changes in billing address or contact ONE if the Customer does not receive the email, paper, online, and/or SMS bill.

8. QUALITY OF SERVICES 

8.1. ONE has the right to change or disconnect the Services provided by ONE to the Customer where ONE reasonably determines that any technical modification to the network or change in trading, operating or business practices or policy is necessary to maintain or improve the Services. The Customer agrees that this shall be dONE without need for prior notice to be given to the Customer by ONE, unless otherwise required by law.

8.2. Where ONE offers services that have unlimited data consumption, this does not mean that these tariffs are free from network management protocols which are placed to manage excessive or above average data consumption. All of the Services offered by ONE have systems in place to ensure that at times of peak network activity users who consume substantially more network resource than the majority may have their connection throttled or slowed down.

8.3. ONE shall not be responsible for any loss, misappropriation and/or disclosure of any sensitive information which the Customer transmits utilizing ONE’s Network. Further, ONE is not responsible for non-proprietary services or their effects on Devices. The Customer understands and agrees that Caller ID blocking is not available when using ONE’s Mobile Data Service, and further that the Customer’s wireless number may be transmitted to Internet sites in which the Customer visits. As a result, Customer may receive unsolicited messages from third parties and a charge for these messages may apply (i.e., data charges for downloading these emails and applicable attachments) whether the message is read or unread, solicited or unsolicited.

9. AVAILABILITY OF AND CHANGES TO SERVICE 

9.1. The Customer understands and agrees that the Service selected by the Customer may not be available in all areas or at the rates, or speeds, or generally marketed by ONE, and some locations may not qualify for the Service. The speeds available to each device connected to ONE’s network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service may vary based on network or Internet congestion, or devices configuration, customer use video on demand (VOD) or real time entertainment services, the coverage distribution inside of customer location, among other factors.

9.2. ONE does not guarantee fault-free Service. There may be situations where the Services are not continuously available or information is not duly transmitted to, and received by, the Customer or the quality is affected, including without limitation: - a. Then ONE needs to perform any upgrading, maintenance, or other work on its network or to the Services; b. Calls and data session may not be maintained when the Customer moves from the ONE network to any other network of another provider to facilitate local or international calls. c. Factors outside of ONE’s control, such as the features or functionality of the Customer’s mobile phone, regulatory requirements, lack of capacity, interruptions to the services from other providers, faults in other communications networks, the weather or radio interference; or d. Where you are outside Guyana or in areas not covered by ONE’s networks in which case the Service relies on other provider networks which we have no control.

10. CONFIDENTIAL INFORMATION

10.1. ONE may, at its sole discretion, offer promotional pricing, discounted services, and free trials of services, including the Services, to its customers from time to time. Such offers may only be offered to new customers, or a range of customers and the Customer may not be eligible for any, some and/or all of the offers.

10.2. These offers are not guaranteed and can be modified, extended, altered, or cancelled by ONE, at any time. Where this is dONE, ONE may provide the Customer with adequate notice of such change and/or disconnection of the Service.

10.3. Pricing of promotional offers for services is considered as confidential information between ONE and a specific Customer and the Customer shall not share or disclose the terms of the promotion offered to the Customer with a third-party without the prior written consent of ONE.

11. ALLOCATION AND PORTING OF NUMBERS 

11.1. “Confidential Information” means all information regarding either party’s business, or any other customer which has been marked or is otherwise communicated as being “proprietary” or “confidential.” or which reasonably should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, confidential information shall include, even if not marked, the agreement, software, promotional materials, proposals, quotes, rate information, discount information, customer information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance) and invoices, as well as the parties’ communications regarding such items.

11.2. All confidential information shall be kept by the receiving party in strict confidence and shall not be disclosed to any third party without the disclosing party’s express written consent. Notwithstanding the foregoing, such information may be disclosed:

(i) to the receiving party’s employees, affiliates, suppliers and agents who have a need to know for the purpose of performing the agreement, using the services, rendering the services, and marketing related products and services (provided that in all cases the receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, suppliers and agents to assure against unauthorized use or disclosure); or

(ii) as otherwise authorized by the agreement. Each party agrees to treat all confidential information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care. Notwithstanding the foregoing, each party’s confidentiality obligations hereunder shall not apply to information that is:

a. already known to the receiving party without a pre-existing restriction as to disclosure or becomes publicly available without fault of the receiving party;

b. rightfully obtained by the receiving party from a third party without restriction as to disclosure, or is approved for release by written authorization of the disclosing party;

c. developed independently by the receiving party without use of the disclosing party’s confidential information; or

d. required to be disclosed by law or regulation.

11.3. Notwithstanding the foregoing, the Customer agrees that:

(i) ONE may make references to the fact that the Customer is a Customer of ONE and the general nature of Services that the Customer purchases from ONE; and

(ii) ONE may disclose the agreement to a potential purchaser in connection with a sale of all or a portion of its business or assets, including in connection with a merger or reorganization. The non- breaching party shall be entitled to seek equitable relief to protect its interests, but not limited to, injunctive relief.

11.4. The Customer expressly grants ONE permission to disclose personally identifiable information relating to Customer or Customer's Account in response to a: a. government subpoena or warrant issued in a civil or criminal investigation or litigation. b. civil investigative demand issued by a government entity; or c. court order.

11.5. The Customer further agrees that ONE may also disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.

11.6. ONE is not responsible for any information provided by the Customer to third parties. The Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the services. However, this does not pertain to Confidential Information, which the Customer is bound to ONE by this Agreement.

12. INDEMNIFICATION

12.1. Subject to any contrary direction of the regulatory offices or any contrary term of the relevant license, the Customer will not acquire any right in any number issues or assigned to the Customer under this Agreement and ONE may, at its sole discretion, modify, withdraw, change or reallocate such number. Except for any modification, withdrawal, change or reallocation resulting from or in connection with the termination or the suspension of the Service, ONE will endeavour to notify the Customer in such manner as may be reasonable and practicable in the circumstances prior to such modification, withdrawal, change or reallocation.

12.2. If the Customer applies for any porting in of any mobile number ("port-in Number") from a network operated by any other mobile telecommunications service provider the Customer shall pay ONE, if requested by ONE at its sole discretion thereof, a non-refundable mobile number port-in charge at the prevailing rate.

13. WARRANTIES

13.1.The Customer agrees to defend, indemnify and hold harmless ONE, its parent companies, associate companies, directors, employees, independent contractors and/or agents (‘ONE Entities’) from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to:

(i) the use of the Services, (including its employees, agents and other users who access customer’s account) or otherwise arising out of the use of the Customer's account, the Services;

(ii) breach of the Agreement; and/or

(iii) violation of applicable law, including laws relating to libel, slander, protection of patents, copyrights, trademarks and other intellectual property rights.

13.2. ONE reserves the right to disconnect or terminate the Service, and/or remove content from the Service, if ONE determines, in its sole discretion, that the Customer’s use of the Service does not conform to the requirements set forth in the Agreement, interferes with ONE’s ability to provide the Service, or violates any laws or regulations. ONE’s actions or inaction under this section shall not constitute review or approval of any use of the Service or content transmitted by the Customer. The Customer agrees to indemnify and hold ONE’s entities harmless from and against any and all liability arising from the content transmitted by the Customer (or anyONE using the Customer’s account) by use of the Services.

13.3. Further, the Customer agrees to defend, indemnify and hold harmless ONE from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: i. any violation of applicable laws, regulations or this Agreement by the Customer or any parties who use the Customer’s account, with or without permission, to access the Service; ii. the use of the Service, or the placement or transmission of any message, information, software, or other materials on the Internet by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service); iii. negligent acts, errors, or omissions by the Customer (or any parties who use the Customer’s account, with or without the Customer’s permission, to access the Service); or; iv. injuries to or death of any person and for damages to or loss of any property of ONE, the Customer or any third party, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or wilful misconduct of ONE; and/or v. Claims for infringement of any intellectual property rights arising from the use of the Service; vi. The Customer is responsible for all information received, transmitted, and/or stored by the Customer and the Customer hereby releases ONE from and agrees to indemnify ONE, its officers, directors, agents, and employees against any and all claims, losses or expenses relating to such information, materials and language.

13.4. This Clause shall survive the termination and/or expiration of this Agreement.

14. TERMINATION

14.1. The Customer hereby represents and warrants to ONE as follows: i. that the Service will only be used for lawful purposes and the transmission of any material or information arising from the use of the Service will not violate any applicable laws or regulations of Guyana or any other jurisdiction; ii. ONE may, at its absolute discretion and without notice effective immediately disconnect or terminate the Service if the Customer fails to pay any charge or other amount due hereunder; iii. should ONE in its sole opinion, determine that activity has occurred which constitutes inappropriate or unlawful use of the Service. iv. if the Customer otherwise commits a breach of any term of this Agreement; or v. if the Customer (or any third party, with or without the Customer’s knowledge) uses the Services in a way which ONE reasonably thinks may damage or negatively impact the operation of ONE’s network, the Services, other users of the service or a third party’s network.

14.2. No disconnection or termination of the Service will terminate or relieve the Customer’s obligation to pay any and all outstanding charges, fees or other amounts due and owing to ONE which accrued prior to disconnection or termination, which amounts shall become immediately due and payable upon disconnection or termination. In the event that action is required to recover outstanding amounts, the Customer shall be liable for all costs of collection, including legal fees and expenses.

14.3. Should the Service be disconnected or terminated for any reason and should ONE subsequently agree, in its sole discretion, to reinstate the Service, the Customer shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service. ONE may choose not to reinstate the service unless satisfied that there will be no repetition of the circumstances giving rise to the disconnection.

14.4. ONE does not credit partial service periods or monthly fees. In the event that the Customer cancels its Service before the start of the next service period, ONE is not obligated to refund any prorated amounts of the Customer’s monthly fee and any fees paid are non-refundable.

14.5. The Customer understands and agrees that the Services provided by ONE is provided on an "as is" or "as available" basis, with all faults except as otherwise specifically set forth in this Agreement.

14.6. ONE (and its officers, employees, parent, subsidiaries, and affiliates), its third-party licensors, providers and/or suppliers disclaim any and all warranties for the Service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non- infringement, non-interference, title, integration, and those arising from course of dealing, course of trade, or arising under statute. It is hereby understood by the Customer that no advice or information given by ONE or its representatives shall create a warranty and that the use of ONE’s technical support is at the Customer’s own risk and is not warranted.

14.7. In the event that the Customer’s Service is not provisiONEd for any reason, neither the Customer nor ONE shall have any duties or obligations under this Agreement (other than ONE’s ability to resolve the issue).

14.8. ONE does not warrant that the Service will perform at a particular speed or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. ONE shall not be liable for loss of the Customer’s data, or if changes in operation, procedures, or services require modification or alteration of Customer’s equipment, render the same obsolete or otherwise affect its performance.

14.9. The Customer agrees that the use of the Services is the Customer’s responsibility, at the Customer’s own risk, and subject to all applicable laws and regulations. ONE, in its sole discretion, or any vendor or partner, may prosecute the Customer and other responsible parties in the event that the Services are used for an unlawful purpose.

14.10. ONE makes no warranty regarding any transactions executed using the Service. Further, ONE makes no warranty regarding the content and information accessed by using the Service. The Customer expressly assumes all risks and responsibilities for use of the Service. The Customer agrees not to use the Service in any high-risk activities where damage, loss, theft and/or injury to person, property, environment, or business may result if an error occurs.

14.11. In no event shall ONE (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers be liable for: (a) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if ONE been advised of the possibility of such claim and/or damages, or (b) any claims against the Customer any other party.

14.12. All limitations and disclaimers stated in this section also apply to ONE’s third-party licensors, providers and suppliers as third-party beneficiaries of this Agreement.

14.13. Any rights or limits stated herein are the maximum for which ONE (and its officers, employees, parent, subsidiaries, and affiliates), ONE’s third-party licensors, providers and suppliers are collectively responsible.

14.14. The remedies expressly set forth in this Agreement are the Customer’s sole and exclusive remedies. The Customer may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to the Customer.

15. TERMINATION

15.1. The Customer shall have the right to terminate for convenience this Agreement in whole or part, at any time during the Service Term upon at least thirty (30) days prior written notice to ONE, and subject to payment to ONE by the Customer of all outstanding amounts due for the Services.

15.2. Either party may terminate the Agreement for cause if written notice is given to the other party at least thirty (30) days prior to termination specifying the cause for termination and requesting correction and such cause is not corrected within such thirty (30) day period. “Cause” only refers to any material breach of the terms of the Agreement.

15.3. Notwithstanding the foregoing, a Customer’s agreement may also be terminated by ONE for cause without prior notice: i. if Customer fails to timely pay for the Services. ii. if Customer uses the Services in violation of applicable law, or ONE’s acceptable use or other policies. iii. in accordance with any applicable tariff on file with applicable regulatory authorities. iv. if ONE determines in its sole discretion that the termination of Services is necessary to protect itself, its Customers or the general public against acts of fraud and other unlawful activities. v. ONE may also terminate a Customer’s agreement immediately without incurring any liability whatsoever if: a. any national or international law makes it unlawful for ONE to provide a Service to Customer, or b. ONE is unable to secure or maintain the necessary facilities or utilities required to provide a Service to the Customer.

15.4. If the Customer fails to pay for the Services at the stipulated time, ONE may, at its sole discretion and without any prior notice to the Customer, disconnect the Customer’s service. During this disconnection, the Customer understands and agrees that they will not have any access to the Service until all outstanding charges due and owing have been paid to ONE including the following charges which the Customer understands and agrees will be applied by ONE to the Customer.

15.5. The Customer shall pay all the sums due and owing to ONE at the time of disconnection of the Services by ONE (including the prorated sums for the use of the services during the month of disconnection).

15.6. Upon the expiration or termination of this Agreement for any reason ONE may delete all applicable data, files, electronic messages, voicemail or other information stored on ONE’s servers or systems.

15.7. If the Service is terminated by ONE, the Customer will remain fully liable and responsible to pay any fees that are still owed to ONE by the Customer pursuant to this Clause and this Agreement as well as all costs ONE incurs to collect such amounts including without limitation collection costs and fees.

16. ROAMING

16.1. The Customer understands and agrees that when travelling outside of Guyana, the Customer will automatically incur charges when using the Mobile Device or the SIM Card for the provision of the Services. The Customer further understands and agrees that any billable incident that occurs while roaming will result in the Customer incurring the relevant roaming charges, which shall be determined by ONE at its sole discretion thereof. For the purpose of this Agreement, a billable incident shall include without limitation: placing an outgoing call, accepting an incoming call, checking voicemail, receiving a voicemail (even if the voicemail is not checked by the Customer or its agents), receiving an instant message and/or email (even if same are not read or opened), browsing the internet or social media, streaming media, software updates which may happen in the background without your knowledge, sending and receiving SMS.

16.2. Further to Clause 16.1, the Customer understands and agrees that voice, SMS, and data used while roaming are not included in the selected Customer’s monthly plan and therefore will not be deducted from the Customer’s monthly plan.

16.3. ONE reserves the right to provide roaming service based on a Customer’s credit rating and history.

16.4. The Customer understands and agrees that the display on a Customer’s Mobile Device will not be indicative of whether the Customer is incurring or will subsequently incur roaming charges. The use of the Services when roaming will be dependent on the roaming carrier’s support of applicable network technology and functionality. Certain capabilities of the Service may vary or be unavailable in certain countries and with certain carriers while roaming. Therefore, the Customer understands and agrees that availability, quality of coverage and the Services while roaming are not guaranteed by ONE. The Service will be available subject to foreign operator’s network conditions as well as regulatory guidelines applicable from time to time, over which ONE has no control. Additionally, the Services will be available subject to compatible handset as well. ONE therefore cannot and does not guarantee and makes no representation that the Service will always be available or fit in terms of the coverage, reception quality, connectivity as the Service is offered on best effort basis while the Customer is roaming. ONE will not be liable for the coverage, reception, quality, connectivity relative to the Service.

16.5. If the Customer is a postpaid Customer, then all charges for the Service will be billed to the Customer’s account.

16.6. If the Customer has a prepaid account, all of the charges for the Service will be deducted on a pay-as- you-go basis from the Customer’s prepaid account balance.

16.7. The Customer understands and agrees that there can be a delay in the billing for the Service for postpaid accounts because the information must first be provided to ONE from the overseas network operator. Any delay in billing, however long it may be, does not affect ONE’s right to charge the Customer for the Service, and the Customer hereby agrees to pay all charges in full when they become due.

16.8. The Customer will be liable for all charges billed to the Customer’s postpaid and/or deducted from the Customer’s prepaid balance while roaming. The Customer is responsible for all charges incurred through the use of the Customer’s Device or SIM up until the time that the Customer advises ONE, in writing, that is has been lost and/or stolen and same has been registered in ONE’s system.

17. ASSIGNMENT-

The Parties, their heirs and assigns hereby agree to abide by terms and conditions of this Agreement and all of its schedules.

18. APPLICABLE LAWS-

The Parties agree that this Agreement shall at all times be subject to the terms of the licenses granted to ONE by the Government of Guyana pursuant to the Telecommunication Act and its association regulations and by the Public Utilities Commission Act.

19. ENFORCEABILITY OF PROVISIONS-

In the event that ONE or more of the provisions herein is for any reason held to be illegal or unenforceable, this Agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable; provided, however, and that this Agreement as revised is consistent with the parties' original intent. ONE may, upon reasonable notice to the Customer, vary these terms and conditions and the Customer will be bound by such variation if the Customer uses the service thereafter.

20. AMENDMENTS AND MODIFICATIONS-

- ONE may revise the terms and conditions of this Agreement from time to time without any need for prior notice to the Customer, unless otherwise specified by law. Customers agree to visit the ONE’s website and the links thereon periodically to be aware of and review any such revisions. Revisions to any other terms and conditions shall be effective upon posting on the website by ONE. By continuing to use the Service after revisions are in effect, a Customer accepts and agrees to the revisions and to abide by them.

21. JURISDICTION-

The terms and conditions are made in, governed by and subject to the laws of Guyana and the Parties hereby submit to the exclusive jurisdiction of the Courts of Guyana.

22. RELATIONSHIP–

The Customer’s relationship with ONE is that of an independent contractor. The Customer is not an agent of ONE and the Customer has no authority to obligate ONE by contract or otherwise.

23. The Customer represents and warrants to ONE that the Customer is of lawful age to enter into this Agreement and that

(i) the Customer has the full right, power and authority to enter into this Agreement and to perform the acts required of the Customer hereunder; and

(ii) the acceptance of this Agreement by the Customer, and the performance by the Customer of its obligations and duties hereunder, do not and will not violate any agreement to which the Customer is a party or by which it otherwise is bound.

24. By using and accepting the Service from ONE, the Customer acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if the Customer had physically signed this Agreement. This Agreement supersedes all other written and oral communications or agreements with regard to the subject matter.

25. By providing ONE with the Customer’s telephone number, cell phone number(s) or email address, the Customer gives consent for ONE, or any of its agents to contact the Customer and to leave live or pre-ordered messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement.