GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
Thank you for choosing C3. Please read this document carefully. It outlines the key factors which govern how we will conduct our relationship with you. Please contact us if there is anything in these terms of business which you do not understand.
- Your Contract is with Infinity Broadband T/A C3 Pure Fibre (C3, us, our or we). It is made up of these terms and conditions (the Terms), the New Customer Application Form and the Service Schedule, as well as C3’s policies from time to time in place, including our privacy notice (https://www.c3.ky/customer-privacy-notice/) and our acceptable use policy (c3.ky/acceptable-policy/ ).
- By signing the New Customer Application Form, and/or by using and accepting Services and/or Equipment from C3, you acknowledge that you: (a) are legally able to enter into the Contract; (b) have read and understand the Contract; and (c) agree to be legally bound by its terms.
- Amendments: We reserve the right to change or modify these Terms at any time by posting the revised and updated Terms on https://www.c3.ky/terms-conditions and notifying you of the change by email, mail or by reference on your monthly invoice at least one month in advance of the effective date of any changes. Your continued use of the Services after the effective date constitutes your acceptance of the Contract as modified.
- Definitions: Equipment means any hardware supplied by us for use in connection with the Services. Service(s) means the C3 services provided to you, which may include the installation and/or provision of Equipment, and/or the provision of broadband internet services, television services, telephone services and any additional features, or any other service that is specified in this Contract.
- Services: We agree to provide, and you agree to receive, the Services and Equipment in accordance with the terms of the Contract.
- Term: This Contract commences on the earlier of the date that: (i) you sign the New Customer Order Form and (ii) the installation has commenced; or (iii) the Service is available for your access or use (the Commencement Date) and shall continue in full force and effect until terminated in accordance with Clauses 30 or 31 or any other applicable section of this Contract.
- Cancellation: You may cancel this Contract within five business days (being all weekdays, except for Cayman Islands public holidays) of signing the New Customer Application Form, unless you have already taken receipt of Equipment or used any Services.
- Installation: You authorise us, or our authorised contractors, to install the Equipment necessary for the use of the Service and to use any existing equipment in any manner necessary to install the relevant Service at the installation address as indicated on the Form (the Premises). You must be the current occupier of the Premises or have permission of the property owner for us to install the Equipment. If you are not the owner of the Premises, you agree to defend, indemnify and hold us harmless from any and all claims of the owner or any other third party arising out of the installation of use of the Equipment or Services or the performance of this Contract.
- Access: You grant us and our authorised representatives the right to enter the Premises upon reasonable notice and at all reasonable times during this Contract to install, connect, disconnect, reconnect, inspect, maintain, upgrade, investigate, remove, protect, modify, or otherwise alter the operation of our Services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorise us and our authorised representatives to enter or have access to your premises to disconnect the Services and/or remove the Equipment, as applicable. If the Equipment is lost or damaged, you will be held responsible for repairs and/or replacement of the Equipment.
- Deposit: We reserve the right to require security deposits prior to activation of the Service, if in our sole discretion, it is deemed appropriate. We also reserve the right to request a security deposit at any time after the activation of any Service if you subscribe for, or have access to, Services which are not wholly paid for in advance. In the event that the deposit is used to cover fees or charges, we may ask that you replenish it. The deposit will be calculated based on the Services and Equipment you receive, but will in no case be more than the amount payable under the Contract in the three-month period commencing on the Commencement Date. The deposit will be held by C3 for the duration of the Contract, and refunded within ten days of termination of the Contract, save that C3 shall have the right to deduct from the deposit any charges or fees that remain outstanding at the end of the Contract (including, but not limited to, outstanding monthly fees and charges, late payment fees, early cancellation fees, non-return fees).
- Fees and Charges: You agree to pay, in cleared funds by the due date stated on our invoice, the following:
(a) A monthly fee payable, in accordance with our published fees for the Services and Equipment selected on the New Customer Application Form (or Services and/or Equipment subsequently selected);
(b) Any applicable telephone charges, pay-per-view content fees, activation fees, installation fees, reconnection fees, equipment charges and other recurring and non-recurring charges associated with the Services you have selected;
(c) Any applicable additional charges and/or fees applied to your account, including late payment charges, charges due to insufficient funds, returned cheque fees in accordance with condition 22 below.
For illustrative purposes only, C3’s monthly fees from time to time are calculated in accordance with the following formula:
|TV Service||+ ONT Rental||+ STB Rental||+ Infrastructure Fee||X 6% Government Fee|
|Internet Service||+ ONT Rental||+ WiFi Router Rental||+ Infrastructure Fee||X 6% Government Fee|
- Responsibility for fees and charges: You are responsible for all fees and charges incurred on and invoiced to your account with us, whether the Services were used with or without your knowledge or consent, so you are advised to take all such steps necessary to safeguard access to the Services and Equipment to prevent unauthorised or fraudulent use.
- First invoice: Non-recurring charges such as set up, activation and installation fees and Equipment charges will be included in your first invoice. Your first invoice may include pro-rated charges for any partial monthly period prior to the beginning of your first monthly invoicing cycle.
- Monthly invoices: Invoicing is monthly and will commence on or after the Commencement Date. Monthly recurring charges will be invoiced one month in advance and any usage charges will be invoiced in arrears.
- Contact details for invoices: Monthly invoices shall be sent to your email address if you have enrolled in our electronic invoicing system. It is your responsibility to keep us up to date with your most current contact information. This requirement is to ensure the correct presentation of monthly invoices and continuation of Service. Your failure to receive invoices (even if this is because of an error or omission on our part) does not constitute a valid reason for non-payment of invoices.
- Changes to Services: If you purchased Services as part of a bundled offering with one or more products and are receiving a discount based upon that bundled offering, your discount shall cease and you may be invoiced the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. A downgrade fee may apply if you make changes to your Service.
- Late payments: In the event that your account is overdue, we reserve the right to apply a late payment fee (which may be taken from your deposit). If your account is ten days or more overdue, we reserve the right to deactivate the account. Following disconnection, we will require you to deliver the Equipment to us or to make it available for our collection. Customers will also be responsible for all debt collection, legal and other charges incurred by C3 in attempting to recover all overdue amounts.
- Invoice disputes: Should you dispute any amount set forth in the invoice, you shall be required to send written notice to us within one month of the date of the invoice, otherwise, the invoice will be deemed accepted by you. Upon receipt of a dispute, we will investigate the matter and notify you of our findings, which findings shall be conclusive. Should you wish to dispute the invoice after one month, we may charge a reasonable fee for carrying out such an investigation. If, following such an investigation, we find that your invoice was incorrect, that fee will be returned to you. Customers are expected to pay all undisputed charges in accordance with this Contract.
- Payment on termination: Upon termination you will be charged for the full month for which you had the Service in the invoicing cycle and, the early termination fee will also be charged, if applicable. Retention or similar credits may not be refunded Termination fees for Business Services will be 50% of the remaining months of the contract.
- Early cancellation fees: If we terminate the Services under condition 31 or you terminate under condition 30, C3 shall have the right to charge an early termination fee. If we terminate the Service for reasons other than those under condition 31, C3 will not charge an early termination fee.
- Non-return fees: If you fail to return any Equipment, you will incur Equipment non-return fees.
- Table of Fees:
|Type of Fee||Amount ||Type of Fee||Amount (per item unless stated)|
|Late Payment||$10||Lost/ Damage ONT||$165|
|Disconnection||$50||Lost/ Damage STP||$175|
|Early Termination Fee (Residential Service )||$250||Lost/ Damage STB W/ DVR||$325|
|Return Cheque Fee||$45||Lost Remote||$30|
|Broken Fibre||$95 to $300 (depending on length of fibre)|
- Changes to fees: We reserve the right to revise our published charges and fees from time to time upon one month’s notice to you. Notice of any change may be sent by email or mail or included in your monthly invoice. You may terminate your Contract within one month of notice without incurring early cancellation fees. Your continued use of the Service after this period shall constitute your acceptance of any such changes.
- Ownership of Equipment: You agree that any C3 equipment installed or provided at the premises, including but not limited to the Equipment, unless otherwise stated, shall remain our property and must be returned to us in good condition at the time of termination of this Contract.
- Liability for Equipment: Risk of loss or damage to the Equipment, however caused, shall pass to you upon delivery of the Equipment and shall remain with you until the Equipment is returned to us in good working order on termination this Contract. You will take all reasonable care with the Equipment and may not sell, lease, mortgage, transfer, assign or encumber the Equipment. You agree not to relocate the Equipment without our prior written consent. You agree to promptly pay us the replacement cost of any lost, stolen, unreturned or damaged Equipment.
- Damage to Equipment: You should contact us immediately in the event of any damage to or loss of the Equipment at firstname.lastname@example.org or 333-3325. We may need access to the Premises to carry out repairs and you agree to obtain the necessary consents and provide us with the access required to do so.
- Service issues: Please contact us if you experience a service issue and we’ll attempt to fix it. If our Services are disrupted for maintenance or due to a technical fault on the network, you may be entitled to a partial credit of your plan charge based on the number of days you are without our services. If the Services are continuously unavailable you may be entitled to a proportionate refund of the charges paid by you for the period when the services were unavailable and be able to leave the Agreement early without paying a termination charge. Contact us to discuss your options.
- Interruption: In order to provide future improvements and/or upgrade the Services, we reserve the right to effect such changes to the network, the Services or the Equipment as we deem necessary, and which may temporarily impact on the availability of some or all of the Services. We will endeavour to keep such interruptions to a minimum.
- Use of the Services: You are responsible for use of the Equipment and Services by any person, which are only provided by C3 for your personal, non-commercial use. As a condition of use of the Service you warrant to us that:
- you shall use the Services and Equipment in accordance with all appliable laws and regulations, and the terms of your Contract and the Applicable Use Policy (c3.ky) as updated from time to time;
- you will not use the Services for anything other than personal use, resell the Services, transfer the Services, or provide network access to any third party;
- you will not attempt to hack or otherwise disrupt the Service, make any use of the Service that is inconsistent with its intended purpose or any action that causes the network to be impaired; and
- the Services will only be used by the lawful occupants of the Premises and their lawful guests from time to time.
- Abuse of Services: C3 will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses and inappropriate use or abuse of C3 Services can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law. You expressly agree to indemnify and hold harmless C3, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees (“Losses”) incurred by C3, or any other party, arising out of your breach of condition 28.
- Termination by notice: Without limiting its other rights or remedies, either party may terminate this Contract by giving the other party at least thirty (30) days’ written notice.
- Termination by C3: C3 may, at our absolute discretion and without notice, immediately suspend the Service and/or terminate the Contract in the following circumstances:
- if you fail to pay any Charge or other amount due to us;
- should we determine, in our sole discretion, that activity has occurred which constitutes inappropriate or unlawful use of the Service, or which interferes with our networks or equipment;
- if directed by any lawful authority to do so;
- or if you violate any term of this Contract, including failure to adhere to the C3 acceptable use policy which is at (c3.ky/acceptable-policy/ ).
- Reconnection: Should the Service be suspended or terminated for any reason and should we subsequently agree, to reinstate the Service (such decision to be at our sole discretion), C3 may at its discretion charge you a reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service.
- Warranties: C3 will use reasonable skill and care and make efforts to provide the Services in a timely, professional and workmanlike manner. However, there are a number of reasons why you may find problems with the Services and these include environment factors and the general availability of the network. You acknowledge that there are factors outside of our control which may limit our ability to provide the Services to you. The Services and Equipment are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, any warranty of title, non-infringement, quality or speed of transmission, fitness for a particular purpose or merchantability. C3 does not warrant: (i) the uninterrupted, timely or secure use of the Services or Equipment or the C3 network; (ii) that the functions contained in the Services or Equipment will meet your requirements; (c) that the Services will be error free or free from harmful components; or (d) that any information, data or files sent or received via the Service will be transmitted in uncorrupted form, within a reasonable time or free from unauthorised access by others.
- Claims: Any claim for breach of warranty must be brought within 60 days of your actual discovery of any defect and prior to the expiration of six months from the date the applicable Services were rendered. Your exclusive remedy in the case of C3’s breach of warranty shall be the return of all, or a portion of the charge paid for the current month of service and/or replacement or repair of the Services or Equipment.
- Exclusion of Liability: To the fullest extent permitted by law, we shall not be liable for any direct, indirect, consequential or economic loss, loss of business opportunity or loss of data, or for any Losses which you or any third party may suffer arising under or in connection with this Contract or the performance thereof, whether based on breach of contract, breach of warranty, fraudulent use or intrusion of our services, negligence or any other liability. For the avoidance of doubt, C3 will have no liability for: (a) any third-party fees or charges, including but not limited to, banking fees, overdraft fees, mobile phone or other wire line charges, technician charge; (b) any damages or loss due to any customer or other person’s failure to back up any Equipment or any breach of security; (c) any third party Losses whatsoever; or (d) any Losses resulting from your or any other person’s use of the Service in breach of the Contract or any law or regulation.
- Limitation of liability: Notwithstanding the foregoing, should we be found liable for any breaches under this Contract, our liability shall be limited to the maximum aggregate of the monthly fees paid to us by you during the twelve month period immediately preceding the date that the related claim or action first arose.
- Indemnity: You agree to indemnify, defend and hold harmless C3 and its shareholders, directors, officers, employees, agents, affiliates and contractors from any and all Losses incurred by C3, or any other party, arising in any way from your use of the Services or Equipment or your violation of any provision of the Contract. If you are not the owner of the Premises, you specifically agree to defend, indemnify and hold us harmless from any and all claims of the owner or any third party arising out of the performance of this Contract.
- Force Majeure: You acknowledge and agree that if C3 is hindered, prevented or delayed from providing the Services as a result of a force majeure event, we will not be in breach of any of our obligations towards you under this Contract and will not be liable to you for failure or delay in the performance of such obligations. The time for performance of the obligations will be extended accordingly. A force majeure event means any event beyond the control of C3 (and includes, but is not limited to, hurricanes and other severe weather-related events).
- Contact details: By providing your telephone number, cell phone number(s), or email address, you give consent for us and our agents (including collection agents), to contact you at these numbers or email address, or any other phone number or email address that is later acquired for you as necessary to enforce any part of this Agreement. You agree that we may retain and use any information, comments or ideas conveyed by you relating to the Service (including any Equipment) and that we may open and maintain a Customer file.
- Intellectual property: The Service, any Devices or Equipment, and any firmware or software used to provide the Service or embedded in the Equipment, and all Services, information, documents and materials on C3 website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of C3. Nothing in this Agreement grants you the right or license to use any C3 marks.
- License: You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in any Equipment, other than a non-transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Contract.
- Equipment and interface equipment: You expressly agree that Equipment is exclusively for use in connection with the Service. We reserve the right to prohibit the use of any interface equipment that we have not provided to you and you shall indemnify and hold us harmless against any and all liability arising out of your use of any interface equipment with the Service. You will not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. We reserve the right to terminate your Contract if we suspect, in our sole discretion, that you have tampered with any Equipment.
- Variation: We have the right to revise and amend this Contract from time to time on giving you at least 30 days’ notice of the proposed changes. You will be deemed to have notice of any changes to this Contact once the revised terms are posted to www.C3.ky, or otherwise sent to you in electronic form.
- Entire Agreement: This Contract contains the entire terms and conditions between you and us and supersedes all prior and collateral agreements, understandings and representations between you and us whether oral or written, as to the subject matter of this Contract.
- Amendments: Save as provided herein, any waiver, modification or variation of any term or condition of this Contract shall only be effective if in writing and signed by an authorised officer of C3.
- No Waiver: No delay or omission of C3 to exercise any right or remedy will impair any such right or remedy or be a waiver of any breach or default, nor will a waiver of any single breach or default, which must be in writing, be a waiver of any other breach or default.
- Severance: If any provision of this Contract is found illegal, invalid or unenforceable, it will be modifiable in order to render it legal and enforceable, but will otherwise be considered severed and the other parts will remain in force and effect.
- Assignment: This Contract shall not be assignable by you. However, C3 shall be entitled to assign this Contract in whole or in part, to anyone, without your consent, provided doing so does not adversely impact your rights.
- Dispute Resolution: The parties shall attempt to amicably resolve any disagreement or dispute that may arise between them regarding the interpretation, performance of or failure to perform under this Contract.
- Law and Jurisdiction: This Contract and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Cayman Islands. Save as provided herein, the Cayman Islands court shall have exclusive jurisdiction over any dispute or claim relating to this Contract.
- Complaints: If you have a complaint please contact us at email@example.com or on 333-3333 or online at http://www.c3.ky/complaintform/ If we can’t fix your issue, you may refer the matter to C3’s regulator, OfReg, via its online complaints form (https://www.ofreg.ky/how-to-make-a-complaint) or by emailing firstname.lastname@example.org.
C3 PHONE SERVICES
- Call charges begin when calls are answered (i.e. when a connection is made between your telephone and some other device). Charges cease upon disconnection of the calls.
- You are responsible for any call charges applicable to the Service between your site and our service network.
- Partial minutes are rounded up for per-minute usage charges.
- Non-recurring and usage-based charges generally invoiced in the invoicing cycle following the transaction include, but are not limited to, local and international calling, Operator Services, Directory Assistance, and call charges outside defined unlimited long-distance calling plans. We reserve the right to cap your usage of such services, and / or to request a security deposit as a pre-condition of use.
- In the event you are transferring an existing phone number for your C3 Phone service, you hereby authorise us to process your order and to notify your existing provider to switch your local, local toll, and long distance services to our voice service and you represent that you are authorised to take this action. Not all telephone numbers are eligible for porting to C3 Phone service.
- The C3 Phone is not a replacement for your ordinary mobile or fixed line telephone. You must make alternative communications arrangements to ensure that you can make emergency calls, if needed. C3 shall have no liability whatsoever for any inability to make or receive emergency or other calls in any circumstances.
- The C3 Phone is not provided via a powered line and so relies upon your electricity supply to be operational. In the event of a loss of power to your property you will not be able to make calls using the C3 Phone.
- Non-recurring and usage-based charges are generally invoiced in the invoicing cycle following the transaction. This includes pay-per-view costs. We reserve the right to cap your usage of such services, and / or to request a security deposit as a pre-condition of use.
- We reserve the right to change any of the features, content or applications of the Service at any time without prior notice.
- You expressly understand and agree that we make no warranty that the Service will allow you to record, view, or transfer any particular program or content.
- C3 TV is provided for your non-commercial personal viewing, use, and enjoyment in a private residential dwelling unit. You agree that the C3 TV service will not be viewed in areas open to the public or in commercial establishments, and that admission will not be charged for listening to or viewing the Service.
- Your C3 TV Service may not be copied, transmitted, reproduced, published, broadcast, rewritten, redistributed, or performed except with our prior written consent.
- Bandwidth is provided to a location and is (not a per-device) basis. Because all devices on your home network share your internet (bandwidth), you can’t choose which devices get faster speeds. But you can increase the speed on the devices you’re using by disconnecting the devices you’re not using. Some of your everyday devices may slow your internet. These devices can include smartphones, tablets, computers, game consoles, smart TVs, home security camaras, asnd voice assistants (Alexa). Operating your device over a wired connection delivers the best speed. Testing speed over a wired connection ensures you have the most accurate reading of your internet service. Wi-Fi delivers good but slower, speeds due to the wireless technology.
- We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
- You acknowledge and agree that C3 owns, and you have no property rights in, all addresses provided to you, specifically static and dynamic IP addresses. By default, C3 assign dynamic IP addresses that are recycled every 24 hours. C3 may modify or change such addresses at any point in time and shall in no way be required to compensate you for such changes.
- Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. C3 does not guarantee the maximum Service performance (throughput speeds) levels. C3 will use commercially reasonable efforts to ensure that you receive the speeds under the Service plan you signed up for throughout most of your daily use and reflecting performance under ideal conditions. However, C3 is not responsible for speeds from points anywhere else on the internet and you understand that content that you may access through the Service may be subject to “caching” or several other factors that are beyond our control.