GENERAL TERMS AND CONDITIONS
These general Terms & Conditions of sale govern the contractual relationship between WanTok and its client, user of the service and shall prevail over any other conditions contained in any other document, unless otherwise expressly provided in writing.
ARTICLE 1: DURATION OF THE CONTRACT
The service contract is entered into for 12 months; to be renewed upon expiration.
ARTICLE 2: SERVICES
a) WanTok offers access to internet services. Subject to payment of the monthly contract fee, the services offered to the client are on a subscription basis.
b) After one (1) year, this Agreement shall remain in effect for so long you use the Service until terminated as provided for in this Agreement.
The speeds advertised are theoretical maximums provided by the technology and these cannot be guaranteed.
ARTICLE 3: RATES & PRICES REVIEW
The rates applicable to the service are those that are current at the time of subscription. However, WanTok reserves the right to review its rates annually on or about the anniversary of your subscription.
ARTICLE 4: PAYMENT & BILLING
Payment for the service is made by automatic debit monthly in advance on or after the 10th day of each month. Alternatively by direct payment in advance. In the event of no payment by the customer of any amounts owing on the due dates set out in this contract, WanTok may immediately suspend the service to which the customer subscribes and terminate the contract. Any month started is due and payable.
If a customer’s service is suspended for non-payment of accounts then there will be a reconnection fee of 1000vt plus all outstanding monies payable to reactivate the service.
ARTICLE 5: UNDERTAKING OF WanTok
1/ WanTok undertake to exercise all due care and skill in the provision of services and take all necessary measures to ensure the smooth operation of their network.
2/ WanTok cannot be held liable in any way for circumstances including, but not limited to:
– Misuse of the service by the customer and/or his correspondent;
– Non-compliance with installation or operation procedures of the equipment, in particular the use of equipment by the customer or his correspondent that is incompatible with the operation of the service or likely to disrupt it;
– Disclosure, by whatever means, of the service access code or codes to any unauthorized person.
– Side effects suffered by the client as a result of a malfunction of the services, in particular loss of business, commercial, financial or moral prejudice.
– Total or partial dysfunction of the service arising out of disruptions or interruptions of the telecommunication means run by the operator through which WanTok is connected.
ARTICLE 6: UNDERTAKING OF THE CUSTOMER
a) The customer is responsible for the payment of all and any amounts invoiced for the services and the performance of all of its obligation.
b) The customer undertakes to inform WanTok of any alteration necessary for the proper performance of the service contract, in particular any change to bank details or address. The customer undertakes not to make any illegal use of the products and services. He undertakes not to contravene law and order or any regulation applicable relating to their use.
c) The customer is liable, jointly with the approved entities, for any monetary consequences of any fraudulent use or misuse of the IDs provided by WanTok for the purpose of the service.
d) As we are not able to control access or usage of your equipments, the customer is responsible for all usage charges in respect of the use of the service, whether or not such usage was authorized by you, unless the usage was caused by a WanTok Limited error.
An application for Service may be refused by us in the following circumstances:
(a) Where there is a technical limitation to our ability to provide you the service, including where there are network capacity constraints;
(b) Not providing valid proof of your identity.
(c)Where you have not completed an application process correctly or have been unwilling to provide us with a document or information.
ARTICLE 8: COMPLAINTS POLICY TERMS AND CONDITIONS
At WanTok we try our best to keep all Customers happy. However, if you have already submitted Your complaint and has not been resolved to Your satisfaction, or have called the support team and Your call has not been dealt with to Your satisfaction, then please refer to our Technical Manager at our office during business hours.
ARTICLE 9: WARRANTY
This warranty does not cover any equipment which has been subjected to misuse, abuse accidental or intentional damage, and improper voltage supply.
ARTICLE 10: TERMINATION
The customer may terminate his WanTok contract at any time by sending an email to info@WanTok.vu or fax to 29 834 prior to the 20th of any month and then completing the cancelation form sent back by WanTok. Termination of the service will take effect from the date of confirmation of the termination by WanTok, whereby any month already started is due and payable . WanTok may terminate the contract forthwith without prior notice and the customer may not claim any compensation whatsoever in the event of any breach by the customer of his obligation as set out in these general Terms and Conditions and in this service Contract. In the event of any illegal activity by the customer, WanTok reserve the right to terminate the contract immediately and collect all monies owed.
ARTICLE 11: ACT OF GOD (Force majeure)
Neither party can be held liable for the non-performance or delay in the performance of one or more obligations due to circumstances beyond their control (Act of God / Force majeure)
ARTICLE 12: ACCEPTABLE USE POLICY
Unlimited means that the amount of data you download or upload is not limited, however, Unlimited does not imply infinite data. Factors outside the control of WanTok may have an effect of altering user experience and download speeds. For example, localised congestion of wholesale supplied backhaul may prevent our wholesale supplier providing the same speeds at all times of day. The maximum data transfer speed of your connection is dependent on physical infrastructure such as your premises distance from the base station and environmental factors outside of WanTok’s control. The speed of your own connection may place a limit to the amount of data that you are able to download.
If your use of the service is found to be excessive or unreasonable, we will contact you by phone or email using the contact details you have provided to us to suggest more appropriate broadband services, or ask you to curtail your usage. If after contacting you, your usage continues at an unreasonable level, this will amount to a breach of this policy.
Without limiting what is meant by “unreasonable”, WanTok considers the unreasonable use of services to include:
– Resale of the service without prior consent.
– Heavy usage patterns that cause significant network congestion, disruption or otherwise adversely affect other customers’ use of the service.
If WanTok considers that use of the service continues to be unreasonable, or if the parties are unable to agree to the changes to the service, WanTok may, in its sole discretion, without liability:
– Suspend or restrict the service (or any part of it) for any period WanTok sees fit or;
– Cancel the service by providing 30 days written notice to the customer.
ARTICLE 13: JURISDICTION
Any dispute relating to the formulation, performance or interpretation of these general Terms and Conditions and service Contract shall be subject to the exclusive jurisdiction of the courts in Vanuatu.