Terms & Conditions
The following terms and conditions shall govern the relationship between (1) Telecommunications Services of Trinidad and Tobago Limited (“TSTT”) and (2) the customer identified in the Application Form (“Customer”) for the provision and use of TSTT’s bmobileSecure Smart Home and Security Solution:
(i) “Agreement” means in order of precedence, these terms and conditions, the Application Form attached hereto and any other documents agreed by both parties which is expressly stated to form part of this Agreement and sets out the terms under which TSTT will provide the Service to the Customer.
(ii) “Alarm Monitoring” means remote monitoring by TSTT’s Alarm Monitoring Centre of the Alarm System installed at the Customer’s Premises.
(iii) “Alarm System” means control panel, sensors, key fobs and any necessary apparatus.
(iv) “Surveillance System” means cameras and necessary apparatus.
(v) “Customer’s Premises” means the address or premises of the Customer where TSTT installs the Equipment and is noted on the Application Form.
(vi) “Equipment” means the equipment and any apparatus associated with the Service that are installed by TSTT at the Customer’s Premises.
(vii) “Minimum Period” means the period stated in the Application Form hereto or where none is specified, a period of thirty-six (36) months to commence from the date of activation of the Service.
(viii) “Response Service” means the dispatch of private security to the Customer’s Premises in the event of the triggering of an alarm/emergency.
(ix) “Service” means the provision of the bmobileSecure Home Automation and Security Solution, consisting of Alarm Monitoring, Surveillance and / or Response Service using TSTT’s network.
2.1 This Agreement shall take effect on the date that the Customer signs the Application Form and shall continue for the duration of the Minimum Period unless earlier terminated as provided for in these terms and conditions.
2.2 At the end of the Minimum Period, this Agreement shall continue for successive periods of twelve (12) months unless otherwise terminated by either Party in accordance with the terms and conditions herein.
3. Service Provision
3.1 TSTT will provide the Customer with a unique account number and install Equipment as necessary to facilitate the Service requested by Customer.
3.2 The Equipment shall be installed, and the Service provided only at the designated location set out on the Application Form. The Equipment shall not be removed or placed at another location or otherwise tampered with, save for as authorised and performed by TSTT.
3.3 TSTT shall take all commercially reasonable efforts to provide installation of the Service within the timelines provided to the Customer. The provision of the Service will occur according to the timelines specified to the Customer. In no event shall TSTT be held liable for any losses or other expenses incurred by Customer as a result of any failure to adhere to the timelines.
3.4 Where the Customer subscribes to the Alarm Monitoring Service with Police Response TSTT’s sole responsibility shall be to provide alarm monitoring and notification services to the Customer. TSTT shall use its reasonable commercial efforts to contact Customer and/or anyone on an emergency contact list (provided in advance by the Customer to TSTT) by telephone, to ascertain whether the alarm was falsely triggered or there is a genuine breach, and the assistance of the local Police Service is required. If TSTT is unable to contact the Customer and/or someone on the Customer’s emergency contact list, or if TSTT in its absolute reasonable discretion questions the response TSTT receives upon such contact, TSTT shall use reasonable commercial efforts to notify the local Police Service of the alarm and the circumstances surrounding the alarm of which TSTT is aware.
3.5 Where the Customer subscribes to the Alarm Monitoring Service together with the Rapid Response Service, TSTT’s sole obligation under this Agreement shall be to promptly dispatch a security officer to visit the Customer’s Premises to ensure that any security breaches are reasonably handled. Customer hereby authorises unimpeded access to the Customer’s Premises for response personnel to respond to an alarm at the Customer’s Premises. TSTT shall also use reasonable efforts to notify the local Police Service of the alarm and the circumstances surrounding the alarm of which TSTT is aware.
3.6 TSTT shall use reasonable efforts to keep the Customer apprised of any steps and/or any action that is taken by TSTT’s alarm monitoring facility and/or any security officer as it pertains to securing the Customer’s Premises.
3.7 Where the Customer decides to include additional TSTT issued monitoring devices such as smoke and flood detectors, whenever TSTT receives an alarm notification TSTT shall use its reasonable efforts to contact Customer and/or anyone on an emergency contact list (provided in advance by Customer to TSTT) by telephone, to ascertain whether the alarm was falsely triggered or there is a genuine breach, and the assistance of the local Police Service is required. In circumstances where: (a) TSTT is unable to contact the Customer and/or someone on Customer’s emergency contact list, or (b) upon contacting Customer or Customer’s emergency contact, TSTT is informed (or based on responses has reason to believe) that there exists an imminent danger or threat to life, limb safety or security (v) TSTT at its absolute discretion shall use reasonable efforts to contact the national emergency service responders (Trinidad and Tobago Fire Services) and/or the local Police Service as may be required) to inform them of the alarm and the circumstances surrounding the alarm of which TSTT is aware.
3.8 Customer hereby authorises the Responders to access the Customer’s Premises for the purposes of handling what in their discretion they consider to be a security breach or a possible security breach. Further, Customer accepts when responding to an alarm it may be necessary for the Responders when at the Customer’s Premises to damage or destroy property (including doors, windows, gates, landscaping, walls, cabinetry, furniture, fixtures, fittings) to gain access to the Customer’s Premises or to pursue or apprehend any persons found carrying out or engaging in what the responders believe to be criminal activity.
3.9 Customer understands and agrees that TSTT may subcontract the provision of the Rapid Response Service and TSTT does not warrant or make any representation and accepts no liability in relation to quality and timeliness of any response to any alarm received from the Service Address.
3.10 TSTT does not warrant that the Service will be provisioned to the area or general location of the Customer’s Premises. TSTT does not warrant that the Service will be provided error free or that the Customer will have uninterrupted use and/or operation of the Equipment.
3.11 Where the Customer subscribes to the Surveillance service, TSTT shall be responsible for ensuring that the system is working to the manufacturer’s specifications. The Customer understands and accepts that only the Customer shall access, monitor and receive notifications concerning the camera system.
3.12 The Customers agrees that TSTT shall release information and data relating to the Customer to Vendors, Agents and Authorised Personnel of TSTT as required to perform the Service.
4. Access To & Preparation Of The Premises:
4.1 The Customer shall, at the Customer’s own expense, prepare the Customer’s Premises in accordance with any reasonable instructions given by TSTT and shall provide TSTT with all required access and authority to access or use Customer’s Premises for the purpose of carrying out all works associated with installation and maintenance of the Service.
4.2 Where Customer does not own the Customer’s Premises, or the Customer’s Premises is part of a multi-tenant environment, the Customer warrants that the Customer shall be fully responsible for obtaining any necessary permission from any necessary party including but not limited to the owner, landlord, or building manager, for TSTT to be able to make any necessary alterations to the Customer’s Premises (including drilling and/or cutting of floors, walls, ceilings and other surfaces as required) to facilitate Service provision.
4.3 The Customer agrees that the Customer is responsible for making good any damage arising from any alterations made by TSTT to the Customer’s Premises necessary for Service provision unless such damage is caused by the negligence of TSTT’s employees, servants and/or agents.
4.4 The Customer agrees to indemnify and keep TSTT indemnified against all costs, damages, proceedings, claims, and other liabilities incurred by TSTT howsoever arising from any installation done where Customer did not comply with clause 4.2 above save where such costs, damages, proceedings, claims and other liabilities shall have arisen due to the negligence and or willful default of TSTT’s employees, servants and/or agents.
5. Use of Equipment/Service
5.1 TSTT shall provide the Customer with instructions on the use of the Equipment. The Customer agrees to only use the Equipment in accordance with TSTT’s instructions and shall not use the Equipment in any unauthorised manner. In the event that the Customer uses the Equipment in an unauthorised manner, the Customer shall be liable to make good any damage caused as a consequence of such unauthorised use. Further, TSTT may immediately cancel the Service and remove all Equipment installed at Customer’s Premises, if TSTT determines that the Customer is in breach of this clause.
5.2 The Customer shall not under any circumstances remove, interfere, modify or tamper with any component of the Equipment. TSTT may immediately cancel the Service and remove all Equipment installed at Customer’s Premises, if TSTT determines that the Customer is in breach of this clause.
5.3 When arming the Alarm System, the Customer shall ensure that the Alarm System is armed in accordance with the instructions contained in the user manual provided to the Customer by TSTT on installation of the Equipment.
5.4 The Customer understands and agrees that if the Customer does not engage or arm the Alarm System, the Alarm System will not be functional and TSTT shall not be liable for non-functionality of the Alarm Service due to Customer’s failure to engage or arm the Alarm System.
5.5 The Customer acknowledges that TSTT has no physical control of the Alarm System or its mode of transmission. The Customer acknowledges and agrees that the Customer has a responsibility to verify proper operation of the Alarm System by testing the Alarm System from time to time and notify TSTT in the event that the Alarm System is not properly functioning.
5.6 Customer’s testing shall include but shall not be limited to, walk testing all Equipment, verifying proper operation of the Alarm System and immediately reporting to TSTT any claimed inadequacy in, or failure of, the Alarm System. Immediately prior to testing the Equipment, Customer shall call the Alarm Centre using the telephone number displayed on the control panel or as advised by TSTT to the Customer.
5.7 The Customer is not authorised to perform any repairs to the Equipment, any repairs are only to be performed by TSTT, its Agents or its authorised personnel.
6. Charges & Payment:
6.1 Customer agrees to pay all charges for the Service as set out in the Application Form. TSTT reserves the right to revise these charges from time to time upon advance notice of at least fourteen (14) days to the Customer.
6.2 Customer may be charged a fee for false alarms and shall be liable for any other charges or expenses incurred by TSTT in relation to a false alarm, except if such false alarm is as a result of Equipment malfunction.
6.3 TSTT reserves the right to discontinue the Services if the Customer defaults in payment of the monthly Bill. The Customer shall remain liable for all charges incurred including any penalty for early termination during any applicable Minimum Period.
6.4 Where the Customer reports a fault relating to TSTT’s Equipment and/or Service and TSTT carries out an investigation and the fault is as a result of Customer’s act or omission, TSTT reserves the right to invoice Customer the costs of carrying out the investigation and any necessary repairs and such costs will be reflected on the Customer’s bill following the event.
7. Maintenance and Service Of Equipment:
7.1 It is the Customer’s responsibility to immediately report to TSTT, any faulty operation of the Equipment or failure of Service, by calling the number on the Control Panel or as provided by TSTT for this purpose.
7.2 TSTT shall use reasonable efforts to correct a fault reported by the Customer either by repairing or replacing all or part of the Equipment as determined by TSTT to be necessary.
7.3 Maintenance of Equipment shall be carried out during Normal Working Hours, except where TSTT elects to conduct maintenance services outside of Normal Working Hours. TSTT may at its discretion provide maintenance services outside Normal Working Hours but is under no obligation to do so.
7.4 If following inspection of Equipment or investigation of Service TSTT determines that the Equipment is not faulty or that the Service has not failed or that the fault or failure is due to misuse or damage by Customer, the Customer shall pay (in addition to the cost of repair or replacement of the Equipment) TSTT’s additional visit charges at the applicable rates.
8. Transfer Of Service
TRANSFER OF SERVICE FROM ONE CUSTOMER TO ANOTHER:
8.1 The Customer may not assign the benefit of or otherwise transfer the Service, whether temporarily or permanently, to a third party without TSTT’s prior written approval. TSTT may choose to approve/facilitate the transfer of Service from one Customer (the “Transferor”) to another (the “Transferee”). If the Customer wishes to transfer the Service, Customer must make a written application to TSTT that is signed by both Transferor and Transferee.
8.2 An application for transfer of Service shall be treated as a new application for Service and all unpaid Charges on the Account must be paid in full by Transferor before TSTT transfers Service to the Transferee. If the Transferee has an outstanding amount due to TSTT for unpaid Charges on another Service Account, TSTT may not facilitate the transfer until all amounts due to TSTT are paid in full.
8.3 In the event of any assignment or other transfer of Service without the prior written approval of TSTT, the Customer shall remain fully liable to TSTT for all costs and charges arising from the use of the Service (whether the Service is used by Customer or a third party).
TRANSFER OF SERVICE DUE TO CUSTOMER’S CHANGE OF ADDRESS (MOVING):
8.4 If Customer moves to another address within Trinidad and Tobago, the Customer may request TSTT to provide Service at the new address by giving to TSTT one (1) months’ notice in writing of the relocation. If TSTT agrees to transfer the Service to Customer at the new address, the Customer may have to pay a standard fee for the transfer of the Service to the new address.
9. Damage Of The Equipment
The Customer shall notify TSTT immediately upon the occurrence of any damage to or destruction to the Equipment. Should it be determined by TSTT that the damage or destruction of the Equipment was caused as a result of the negligence or willful misconduct of the Customer, TSTT shall be entitled to be reimbursed the cost of repairs to the Products by the Customer. Where it is determined that the Equipment is irreparable, the Customer shall be liable to pay the full cost of replacement of the Equipment. The cost of such repair or replacement shall be paid within thirty (30) days of notification to the Customer. TSTT shall thereafter cease the provision of the Service to the Customer, however the Customer shall be liable for any charges incurred to date together with any penalties for early termination if during the Minimum Period.
10.1 Except as expressly provided herein, TSTT makes no representations or warranties, either express or implied, with respect to the Service or Equipment provided hereunder, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, and any implied warranties arising from the course of dealing or the course of performance and TSTT hereby disclaims same.
10.2 TSTT warrants that it shall take all commercially reasonable efforts to provide installation of the Service within the timelines provided to the Customer.
10.3 Without limiting the foregoing, TSTT disclaims any warranty that: (i) the Service will meet Customer’s requirements, (ii) the Service will be uninterrupted, timely, secure, and/or error-free, (iii) the results that may be obtained from the use of the Services will be accurate and/or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by Customer through the Services will meet Customer’s expectations, or (v) the Services will not conflict or interfere with other Services provided by TSTT or third parties at the Customer’s Premises.
11. Authorisation To Enter Customer Premises
The Customer hereby grants authorization for TSTT, its Agents and any personnel authorised by TSTT, to enter the Customer’s Premises, for the purpose of installing, repairing, maintenance or retrieval of the Equipment. Should the Customer deny entry to TSTT, its Agents and any personnel authorised by TSTT, the Customer shall instantly become liable for the full costs of the Equipment together with any outstanding charges or penalties related to the provision of the Service, should this sum reman unpaid after thirty (30) days of notification to the Customer, TSTT shall be entitled to take action to recover the debt together with any interests that may accrue.
12.1 Either TSTT or the Customer may terminate this Agreement at any time by giving the other thirty (30) days written notice or contacting TSTT to initiate the process. Customers shall also pay all Charges incurred on Customer’s Account up to the end of the thirty (30) day notice period. Customers shall incur a penalty for early termination if the Service is terminated by the Customer during the Minimum Period. The early termination fee represents any costs subsidized by TSTT for the purposes of this Agreement.
12.2 Notwithstanding clause 12.1 above, early termination fee shall be waived in the event that the Customer is desirous of significantly modifying the Services by selecting a package of equal or higher value than the existing selection in the Application Form. In such instance, the Parties shall be required to sign a new Agreement with a term of three (3) years and which Agreement shall supersede any previously executed Agreement.
12.3 If TSTT materially breaches the terms and conditions of this Agreement and fails to remedy any breach capable of remedy, within seven (7) days of notification of the said breach, the Customer may terminate this Agreement without penalty for early termination. The Customer shall remain liable for all charges incurred prior to the termination of the Agreement.
12.4 TSTT may immediately terminate this Agreement if: (i) Customer becomes insolvent or bankrupt or if Customer enters into any arrangement with their creditors or if any legal action is taken or threatened against Customer’s property; (ii) Customer is in breach of any term of this Agreement (including any additional policies) and Customer has not remedied any breach capable of remedy within seven (7) days of notice of such breach from TSTT; (iii) If TSTT has reason to believe that Customer has provided TSTT with false, inaccurate or misleading information either for the purpose of obtaining Service(s) and Equipment from TSTT or at any time during the provision of Service(s); (iv) Customer uses the Service in a way prohibited by this Agreement; (v) If TSTT is required to comply with instructions of Government, an emergency services organisation or other competent or regulatory authority; (vi) If in TSTT’s opinion it is necessary to do so for security, technical or operational reasons.
12.5 On termination of this Agreement for any reason, the Customer shall be responsible for the cancellation of any direct debits, standing orders, credit card mandates or other authorizations which the Customer may have given for periodic payments to be made to TSTT by third parties.
12.6 Only TSTT and its Agents are authorised to remove the Equipment from the Customer’s Premises.
13. Entire Agreement, Amendments and Variations
13.1 The parties agree that this Agreement, is the complete and exclusive agreement between the parties and supersedes all other communication, whether oral or written, between the parties relating to the subject matter of this Agreement.
13.2 TSTT reserves the right to amend these Terms and Conditions upon written notice of at least fourteen (14) days to the Customer.
13.3 The Customer may request a modification to the Services, by including components to the package selected in the Application Form. Any such variation to this Agreement must be in writing and signed by the duly authorised representatives of both parties.
14. Electronic Signature
The Application Form and Agreement may be signed electronically. Any electronic or digital signature or signature transmitted by electronic mail in pdf or similar format (“electronic signature”) shall have the same effect as handwritten signatures for the purposes of validity, enforceability and admissibility of this Agreement. Any such electronical signature shall for all purposes of this Agreement, be deemed to have been executed, and to constitute an original written record when printed, and shall be fully admissible in any legal proceeding.
15. Governing Law
The validity, construction and performance of this Agreement and the legal relations among the Parties to this Agreement shall be governed by and construed in accordance with the laws of Trinidad and Tobago and the courts of Trinidad and Tobago shall have exclusive jurisdiction.