Terms

WDSL Terms and Conditions

THE MAIN POINTS OF OUR AGREEMENT:

Here is a summary of the main conditions of our agreement. The full conditions of service are shown below under TERMS & CONDITIONS.

1. We will try to provide you with a high quality telecommunications service at all times. However we can not guarantee that we can provide you with uninterrupted service as it can be affected by factors outside our control such as faults in other networks.

2. We will bill monthly in advance for service charges and monthly in arrears for overage and other charges. To ensure continuous service availability you must pay us within 30 days. After 30 days we reserve the right to apply late charges and fees on any amount outstanding.

3. We may revise this agreement and it is up to you to stay up to date. Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the Agreement.

TERMS & CONDITIONS

1. DEFINITIONS
2. OUR AGREEMENT
3. PROVIDING SERVICES
4. WHAT AND HOW YOU PAY
5. LIABILITY
6. WHEN WE MAY SUSPEND OR DISCONNECT THE SERVICES
7. WHEN THE AGREEMENT ENDS
8. GENERAL

1. DEFINITIONS

Wherever these words and expressions appear they have the following meanings:

We, Us, and Our means Wireless World, LLC. which is a subsidiary of Atlantic Tele-Network.

You and Your is the customer named on the order form;

Network is the telecommunications equipment which provides the WDSL services;

Customer premises means the premises at which service is or is to be provided under this agreement;

The Internet means the global data network comprising interconnected networks using TCP/IP (Transmission Control Protocol/Internet Protocol); Internet standards means the protocols and standards defined in the following Internet documents; RFC 1009, 1122, 1123, and 1250 and any future such protocols or standards as appropriate;

Name means any name specifically requested by or allocated to the customer for provision of the service and shall include, without limitation, any domain name or mailbox name;

Account is the account in which we record all your charges;

Monthly service charges the monthly charges for ongoing access to the services;

Charges includes monthly service charges, overage, and any other charges relating to this agreement or to the services;

Order your order for the services and any other order(s) which these conditions will apply to;

Service means the service provided by Wireless World, LLC. whereby the customer may gain access to the Internet via the WDSL network and, where applicable, any Extranet, Intranet and other services and facilities provided by WDSL for the customer in connection with service and which are set out in our rate schedule;

The Agreement is the agreement between you and us for the services which these conditions will apply to;

Payment Terms are the terms by which we will manage your account and the methods by which you can pay the charges;

Severe disruption to the network is a breakdown in over 90% of the network which lasts for 72 hours or more; and

Cancellation Charge is a charge which is applied to your account for canceling this agreement before the end of the minimum period. The calculation of the cancellation charge is made by adding up the remaining monthly service charge(s) for the time from when the service agreement ends to the end of the twelve month minimum period.

Stay up to Date means to keep you informed of changes to this Service Agreement, we'll notify you by posting the updated form of this Service Agreement on the WDSL Web Site, or by e-mail, by U.S. mail, or by posting a message to some area of the Service.

2. OUR AGREEMENT

(a) This agreement between you and us applies from the time that we accept your request for WDSL services.

(b) You must also pay a deposit if we ask for one (see Section 4 (g) below).

(c) We will open an account in your name. We will apply charges to your account. We will connect you to the services as soon as we can.

(d) When we install equipment then, unless we otherwise agree, we will provide you with service for a minimum period of twelve months. The minimum period starts from the date we make the services available to you.

(e) If you want to end this agreement or cancel service during the minimum period, you must notify us and pay us the appropriate cancellation charge. However, no such cancellation charge is payable if we change the charges and as a result you would have to pay us more overall or if you end this agreement or cancel service because any license to run the network is ended. Once the minimum period is over, you can end the agreement or cancel service by giving us 3 months notice.

(f) You will be responsible for inter-operability between your PC or your equipment and our equipment. You shall not hold us responsible for your inability to access service due to incompatibility between your equipment and our technical equipment. Furthermore, you shall not hold us responsible for your inability to access service due to technical mis-management of any internal connection between your equipment and ours.

(g) You will be responsible for disclosing to us a technical contact who is responsible for your equipment and the connections between your equipment and ours. Furthermore, you will be responsible for ensuring that this information remains current and complete.

(h) You shall allow any person accredited by us, on production of authorization, access to your premises at all reasonable times for the purposes of providing service.

(i) You will obtain any necessary consents from third parties for the installation and use of any WDSL equipment which is to be installed under this agreement.

(j) Unless you expressly tell us otherwise you agree to allow us to provide and publish your name and email address in our directory information services.

3. PROVIDING SERVICES

(a) We will try to make sure that the services are always available to you, but sometimes they may be affected by things we have no control over, for example, by faults in other telecommunications networks.

(b) We provide the services to you as long as you agree:

Not use the services for anything illegal or let anyone else do so;
Not use the services for anything immoral or improper or let anyone else do so;
Not use the services for anything that is offensive or may cause nuisance or knowingly let anyone else do so;
Only to use equipment that has been approved for use with the network and you must follow relevant laws and rules that apply to the equipment;
To give us any information we reasonably ask for;
To follow all reasonable instructions we give you about the equipment, the services and our other facilities;
Our wireless access services are only available when you are within the range of a WDSL base station;
You shall not use service other than in conformance with the acceptable use policies of any connected networks and the Internet standards as published on our web site.
We may have to vary the technical specification of service for operational reasons.

(c) We agree to provide you with service on the terms and conditions of this agreement, which sets out the entire agreement between you and us.

(d) It is technically impracticable to provide service free of faults and we do not undertake to do so. Where possible we will advise you by email of planned outages of faults in our network. In the event of an unnoticed fault in service, you must report it by telephone, written notice or email to the appropriate number specified by Wireless World, LLC. Upon receipt of a fault report, we will take all reasonable steps to correct the fault as soon as reasonably practicable.

(e) If you connect to our network via a fixed telecommunications link or dial-up connection not provided by us, you are responsible for making a separate application for the appropriate telecommunications service and for complying with the terms and conditions applicable to that service.

(f) You shall remain liable for any charges for service even though you are unable to access service except in cases of severe disruption to the network due to our negligence or willful default or omission.

(g) Your access to service may occasionally be restricted to allow implementation of new facilities, software upgrades and routine maintenance.

4. WHAT AND HOW YOU PAY

(a) We have a monthly billing period and we will send you a bill every month. For standard service, the bill will be for the month to come (i.e. in advance). Overage changes and any other charges not previously charged for will be billed in the month that has just passed. We may change the billing period.

(b) It is essential that you pay your bill within 30 days of the invoice date. If you don't pay on time we can stop you from using some or all of the services and charge you late fees and penalties. You agree that if you do not pay a bill on time we can say that you have broken this agreement and we can terminate this agreement immediately. All these rights are in addition to any other legal rights we may have against you which we may also rely upon.

(c) You are responsible for all charges applied to your account whether you used it or not except where your equipment has been lost, stolen or damaged and you have reported this to our Customer Services.

(d) We can change these conditions if new laws or rules make it necessary.

(e) We can also change these conditions for any other good reason. We can also change the charges.

(f) We can change the payment terms for any good reason. For instance, if you do not pay your bills on time or if you pay your bills using credit cards that you are not authorized to use.

(g) We can at any time ask you for a deposit (or an extra deposit) as security for equipment or charges if we have a good reason, for example, if we should increase your credit limit (see Section (f) above). We can keep the deposit until the end of this agreement. We will give it back to you when you pay us everything you owe, or we can use your deposit to cover anything you owe us. We will not pay you interest on any deposit you give us.

5. LIABILITY

(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you of any description.

(b) Nothing in this agreement removes or limits our liability for death or personal injury caused by something we have done or failed to do.

(c) Except as set out in Sections 5 (a) and 5 (b), our entire liability to you for any direct loss or damage for something we or anyone who works for us does or does not do under or in connection with this agreement, will be limited to $1,000 for one incident or $2,000 for a number of incidents within any twelve month period.

(d) We are not liable to you in any way for any loss of income; business or profits; or any indirect or consequential loss.

(e) Please write and tell us about any claim as soon as you can and always within 10 days of any damage to or loss of property.

(f) We will not be liable to you if we cannot carry out our duties or cannot provide the services to you because of something beyond our control.

(g) We will not be liable for any inability to access service due to faults in any other telecommunications network.

(h) Section 5 will still apply even after this agreement has ended.

6. WHEN WE MAY SUSPEND OR DISCONNECT THE SERVICES

(a) We may suspend the services without giving you notice if any of the following happen:

The network breaks down or needs work done on it. We will try to make sure this does not happen very often and will give advance notice to you by email wherever possible;
You do not keep to the conditions of this agreement, or any other agreement with us, or you go over your credit limit;
You do anything that damages or puts the network at risk, or you abuse or threaten us or a member of our staff;
You refuse to give us the deposit we ask for (see Section 4 (g) above).
We may have to temporarily suspend service for the purposes of repair, maintenance or improvement of our network and services.

(b) You are still liable for all charges during suspension or disconnection unless we decide otherwise. For example, we would not make you pay the full monthly service charges if there was a severe disruption to the network or where the network completely broke down.

7. WHEN THE AGREEMENT ENDS

(a) We can end all or part of this agreement immediately if any of the following happen:

You break an important condition of this agreement or a number of less important conditions;
You break a less important condition of this agreement and do not put it right within seven days of us writing to you and asking that you do;
You make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt; you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this agreement if we think any of these things or something similar may happen;
Any license to run this network is ended; and
Any part of your declaration on this agreement was not true or not accurate when you made it.

(b) You must pay everything you owe on your account and a cancellation charge as set out in Section 2 (e) (if applicable) if you end this agreement or cancel service. If we end the agreement for any of the reasons set out in Section 7a (i),(ii), (iii) and (v) above you must pay everything you owe on your account and the cancellation charge for any service that is still within its minimum period. If we end this agreement for any of the reasons set out in Section 7 (a)(iv) above, you must pay everything you owe on your account but you will not need to pay a cancellation charge.

8. GENERAL

(a) You may not transfer or try to transfer any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission, except where this would result in a worse service to you.

(b) We can record any conversations between you and our staff.

(c) We will send all bills and notices under this agreement to your postal billing address or to a specified email address. You must tell us right away about any change in the billing address. We allow 48 hours for you to receive bills and notices through the post office. You agree that after 48 hours we can assume you have received the bill or notice.

(d) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.

(e) Virgin Islands law will apply to this agreement and any disputes will be settled in the Virgin Islands courts.

(f) If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.

(g) We may use credit reference agencies to help us make credit decisions or for fraud protection. You agree that we may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection and credit management, information about you and the conduct of your account may be disclosed to debt collection agencies, security agencies, financial institutions or other phone companies. You also agree that we can do those things that are permitted from time to time under FCC and Local Laws.

(h) The expressions "the customer" and "Wireless World, LLC." shall include their respective successors and permitted assigns and their respective employees and agents.

(i) Any reference in this agreement to clauses or sub clauses shall be to clauses and sub clauses of this agreement.

(j) Any undertaking by the customer to do or not to do any act or thing shall be deemed to include an undertaking to procure or not to permit or suffer the doing of that act or thing.

(k) Words in the singular shall include the plural and vice versa.

(l) The headings in this agreement are for convenience only and shall not affect the construction of the agreement.

(m) It shall be a condition precedent of this agreement that a duly authorized representative of Wireless World, LLC. shall have signed this agreement.