Marpin 2K4

Subject to and on the terms and Conditions of this Agreement, Marpin agrees with the Customer to: -

Entire Agreement
This agreement constitutes the entire agreement and understanding between Marpin and the Customer, in relation to the equipment and services offered.

Application for Service
Commencement:
1. This agreement begins on the first day of service, i.e. the day the Subscribers installation is connected to Marpin Service interface.

1.1 Termination :
The agreement or the service provided can be terminated by Marpin without prior notice, if the Subscriber fails to comply strictly with the Terms & Conditions herein, including payment of charges for services as billed by Marpin.

2.1 A new Subscriber shall pay an installation fee and prepay a full month's service before service can be provided.

2.2 Marpin shall make all reasonable efforts to serve the Subscriber within ten days after receipt of application, unless such an applicant requests a later date.

2.3 The Subscriber will allow access to the Service Address at all times to Marpin employees and any other persons authorized by Marpin for the purpose of installing the service, inspecting, adjusting, repairing, moving or maintaining the service or equipment supplied for the purpose of exercising any other Marpin rights under this Agreement.

2.4 Marpin, within fourteen business days after receipt of an application, where the service is unable to be provided, shall inform the applicant by mail of such non-availability and further inform in writing of an expected service date after the receipt of the application.

2.5 Applicants will be required to pay all associated fees where distance is in excess of 150 feet from the nearest connection point.

2.6 Marpin will accept Subscribers wiring of their homes provided that the loss of input to the furthest point in the home does not exceed 9dB, Marpin will bill the subscribers for the additional service cost as a result.

3.1 All payments are due and payable by the 10th of the following month after the month for which the Subscriber has been billed. Subscribers whose payments are not received by the 10th of the current month are liable for disconnection of service and are required to pay off all outstanding amounts owed with interest as laid down in the Telecoms Regulations, plus a reconnection fee to restore the service.

3.2 Overseas calls charges shall be at the rates prevailing at the time of connection of the call.

3.3 Subscribers should receive their bills monthly. Subscribers who do not receive accounts should check with Marpin's Customer Service Department. Marpin will not accept non-receipt of bills as an excuse for non-payment.

3.4 If the account runs into arrears, the Subscriber will be liable for all costs, expenses and fees incurred in collection of debt including legal costs and collection charges.

3.5 Marpin may set credit limits for each Subscriber. A Subscriber who has reached his credit limit will be asked to settle his account even though a bill has not been sent out.

3.6 Marpin may charge equal rates for business and residential services and such rates will be governed by the actual and obvious use of the service. Business rates will apply to any place where the substantial use of the service is business related and will apply to local exchange locations such as offices, stores, factories and other places which are strictly of a business nature.

Attachments to Equipment:

4.1 Subscribers may only attach, connect or utilize customer Equipment to or with Marpin's supplied Equipment only when Marpin's prior written consent has been obtained. Consent may be given subject to such conditions as Marpin may require and is discretionary. Consent will only be given if Marpin has been provided with:

a] the full technical specifications of Subscriber Equipment and
b] the Subscriber has given Marpin a full description of how and for what purpose Subscriber's Equipment is to be used.

It shall always be a condition of any consent given by Marpin and of the right of Subscriber to continue to use service, that Subscriber will not modify or adapt any Subscriber Equipment so that:

b] it is not used in a manner or for a purpose other than which the Subscriber has specified to Marpin. Marpin may immediately withdraw any consent given by written notice at any time.

4.2 Subscriber Equipment may only be attached or connected to or utilized with the Equipment by means of a socket installed and maintained by Marpin unless Marpin otherwise agrees in writing.

4.3 Marpin may immediately cancel this Agreement and enter the Service Address to remove all Equipment installed at the Service Address, if Subscriber is in breach of 4.1 or 4.2 or if the Subscriber interferes with, modifies or adapts Equipment.

4.4 Marpin maintenance responsibilities do not extend to Subscriber Equipment or any telecommunications equipment purchased by the Subscriber from Marpin unless specifically agreed with Marpin in writing and upon payment of Marpin standard maintenance charges as set out in the Tariffs.

4.5 It shall be a condition of Marpin's consent under 4.1 that the Subscriber shall not attach or connect to or utilize any Subscriber Equipment with equipment, or interfere with, modify or adapt Equipment or utilize any procedure for the purpose or which has the effect of avoiding and evading any charges for the provision of services.

4.6 A Subscriber agrees that Marpin owned equipment shall not be removed, relocated, altered or tampered with, defaced, serviced or repaired by anyone other than Marpin personnel or agents. The Subscriber shall not attach directly or indirectly, any additional equipment to Marpin equipment without the approval or consent on writing Marpin. Such attachments shall be considered illegal. In this agreement, the Subscriber further assumes responsibility and shall be liable for improper use, damage, theft or loss of Marpin equipment at all times prior to the removal of Marpin equipment by Marpin.

4.7 Subscribers should note that maintenance responsibilities do not extend to instruments and equipment, purchased for use by the Subscriber.

5.1 In addition to the sums payable by the Subscriber, Marpin collects deposits from new applicants as security of payments of future accounts and carries out such checks and takes up such credit references as is deemed necessary by law. Any Subscriber may be required to pay a deposit or an additional deposit, as the case may be, before reconnection of services, which have been disconnected, for late payment of accounts. No interest is payable on deposits. Deposits will be refunded to the Subscriber, within sixty days of disconnection of service, the sum equal to the said refundable deposit, less any applicable deductions after termination of services and upon full settlement by Subscriber of any outstanding charges due to Marpin.

Marpin may require a deposit from a Subscriber as a guarantee for payment in respect of services, except that Marpin may not:

a] require a deposit or other guarantee based on any discriminatory practices;
b] demand a deposit from a Subscriber as a condition for residential service unless one or more of the following criteria apply: -

i] the Subscriber cannot provide proof of a satisfactory payment history for the previous twelve months

ii] the Subscriber has an outstanding unsettled account for previous service and such unsettled account which is not in dispute

iii] the Subscriber has not paid bills received by the close of business on the due date on two consecutive occasions or three times in the last twelve months;

iv] the Subscriber has given two or more cheques as payment for previous service within the most recent twelve month period of service and those cheques were returned unpaid for reasons other than bank error;

v] the Subscriber's service has been suspended during the last twenty four months for one or more of the following reasons: -

b] misrepresentation of the Subscriber's identity for the purpose of obtaining service

c] failure to compensate for damage due to negligent or intentional acts of the Subscriber or

d] the obtaining, diverting or the use of service by the Subscriber without the authorization or knowledge of Marpin

e] information provided by the Subscriber in the application within the previous two year period is materially false of the applicant's true status and the misrepresentation is relevant to the conditions under which the Subscriber may obtain service

f]the Subscriber has been suspended or disconnected by another telecommunications services operator for failing to pay bills.

6.1 The amount for a deposit shall be determined by the following calculations: -

a] the deposit shall not be more than two average bills if payment for service is due after service begins; or

b] the deposit shall not be more than one average bill if payment for service is due before service begins.

6.2 An applicant may be allowed to pay deposits in two installments, the first half of the deposit before receiving service and the other half by the due date of the first bill.

7.1 Marpin reserves the right to immediately disconnect Services and enter the Service Address to remove all equipment if the Subscriber: -

a] Fails to make payments when due of Marpin charges for the Service or equipment supplied

c]Interferes with, modifies or adapts the equipment or permits any attachment connection

d]Uses the Marpin telecommunications system in a manner for any purpose prohibited by law or in such a way as to avoid, evade or reduce payment of Marpin's standard charges for the service

e] Assisting in providing an illegal extension to a non-registered person with Marpin.

f] In addition, the Subscriber agrees that past due amounts and a reconnection fee must be paid in advance. Service will not be restored for partial payments unless authorized by the Customer Service Officer. Subscribers who are frequently disconnected and request any concessions, will be charged an administrative fee of EC$10 and must adhere to any terms and conditions agreed to Marpin.

Unusually high usage of the telephone service: -

8.1 In exceptional circumstances, Marpin can suspend the telephone services if the number of calls or charges for calls made has increased to such an extent that it appears, in our reasonable opinion, the telephone services are not being used by the subscriber in a manner consistent with the subscriber's previous use. Marpin will make reasonable efforts to contact the subscriber before services are suspended. Marpin will not be liable for any loss suffered, if services are suspended.

9.1 Marpin shall take all diligent and prompt measures to respond to all faults reported to its Customer Service Department in a timely and diligent manner. It is the Subscriber's responsibility to report failure of service to Marpin. All faults, which fall outside of Marpin's faults, will be charged EC$25 call fee.

9.2 In addition, where a Subscriber experiences an outage that does not develop into an emergency, Marpin shall take diligent and prompt measures to restore such outage after the outage has been reported.

9.3 If the Subscriber is not a party to a maintenance agreement with Marpin regarding the wiring of the Subscriber premises, Marpin may advise at the Subscriber's request. Marpin will estimate the cost for the diagnosis and repair of the problem. The subscriber assumes full responsibility for having the problem diagnosed.

Quality of Service: -

10.1 The Subscriber shall not be allowed to use equipment or services in a manner which, in the opinion of Marpin, adversely affects the provision of telecommunications services by Marpin to other subscribers.

Application for Service
[from the Telecommunications Service Standards Regulations 2001]

11.1 Where Marpin believes that the evidence of identity offered by an applicant for service is unreliable, Marpin will refuse to accept such evidence of identity and may seek additional evidence from the applicant. Marpin may refuse service to an applicant for the following reasons: -

ii] an application for service following the relocation of
the applicant and former customer to new premises from premises where a bill remains unpaid for service provided to the former customer, while the applicant was a full time occupant of such former customer's premises

iii] an application for service at premises where there is an unpaid bill and where

a] the former customer who owed the bill at the time of application, remains at the premises or

b] a full time occupant of the premises who ran up the bill as a result of such occupancy and who still remains at the premises

c] or a full time user of the service who ran up the bill and still remains at the premises

iv] the applicant does not comply with an order of the Commission or a delayed payment agreement

v] the applicant has failed to pay an approved fee, charges or deposit as provided for by the Schedule of tariffs

vi] the applicant has failed to furnish adequate assurance of payment in the form of a deposit or other security for service where required

vii] where there is evidence that the applicant is using service in an unauthorized manner or is tampering with the equipment owned and provided by Marpin

viii] where the applicant has made a misrepresentation relative to the conditions under which her or she may obtain service

x] the service applied for is of such nature which is likely to adversely affect service to other customers

xi] the connection of service to the applicant's equipment would create a hazard

xii] the applicant has caused or is threatening to cause injury to an employee of Marpin or family member of such employee in an attempt to retaliate against Marpin or frustrate Marpin in conducting its business

xiii] the applicant has caused or is threatening to cause damage to the property of Marpin and

xiv] the applicant is involved in bribery or fraudulent access to the service of Marpin

Penalties for Late Payment

12.1 In the event that the Subscriber's account is not paid by the due date, then interest of 1 1/2% per month will accrue from the due date to the date of payment.

12.2 In the event of any action or proceeding brought by either party against the other under the application for service agreement, the prevailing party shall be entitled to recover from the other party the fees of Marpin's attorneys court costs in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys' fees.

13.1 Any application for the reconnection of an expired account (one that has been inactive or disconnected for two years or more) will be treated as a new connection.

13.2 Any outstanding amount on an expired account is still liable for payment of any charges made to these premises before transferring or disconnecting service.

14.1 Marpin shall not be liable to the Subscriber for any breach of this Agreement if the breach was caused by any cause beyond Marpin 2K4 reasonable control, including, without limitation, strikes, war, riots or Act of God, lock-outs, industrial disputes and the acts or defaults of any telecommunication services provider.

15.1 In no event shall Marpin be liable for any failure or interruption of service resulting in part or entirely from circumstances beyond the control of Marpin. Marpin shall not be liable for any inconvenience, loss, corruption, loss of data, loss of income or damages resulting from any failure or interruption of service, directly or indirectly, including (but not limited to) failure of signal, denial of use of poles or other facilities by utility companies, strike, labour, dispute, riot, invasion, war, aircraft, hurricane, volcano, explosion, malicious mischief, fire, flood, lightening, earthquake, wind, an Act of God, failure or fluctuation of power, mechanical failure, channel dislocation, any court or law order or prohibiting the use or operation of services by Marpin.

16.1 Service and equipment provided by Marpin to the Subscriber are not assignable or transferable without the prior written consent of Marpin.
Transfer of accounts from one Subscriber to another can only be authorized by Marpin.

16.2 The Subscriber is required to inform Marpin in writing when relocating or departing from the Service Address.

16.3 The Subscriber is liable for payment of any charges made to these premises before transferring or disconnecting service. In this Agreement, the Subscriber shall also notify Marpin in writing of any change in occupancy or ownership of the premises.

17.1 It is the Subscriber's responsibility to provide a power supply suitable for the equipment and the services supplied by Marpin.

18.1 The Subscriber agrees that Marpin may vary or amend this Agreement from time to time.

Marpin is authorized to operate by the Telecommunications Act 2000 and Commonwealth of Dominica Operating License dated 19 May 2000.

The Subscriber shall indemnify Marpin against all costs, claims, loss, damage, expenses and liabilities that it may suffer or incur as a result of a breach by a Subscriber of this Agreement or as a result of the negligent or willful acts or omissions of the Subscriber, its employees, servants or agents.

This Agreement shall be governed and construed in accordance with the laws of Dominica and the Telecommunications Quality of Service Regulations.

The failure or delay in enforcing any provision hereof shall in no way be construed to be a waiver of such provision nor shall any such action be deemed a waiver of any other right available at law or in equity.

This agreement constitutes the entire agreement and understanding between Marpin 2K4 Limited and the Subscriber in relation to the subject matter hereof and is in substitution for, to the entire exclusion and notwithstanding the provisions of any other terms and conditions or agreement between the Subscriber and Marpin governing the supply of equipment or provision of Services.

In these terms and conditions, the following words and expressions shall have the following meanings :

Agreement: these terms and conditions, any alternative or additional terms and conditions relating to the provision of the Services or equipment as Marpin 2K4 Limited may notify to the Subscriber and Subscriber's application form;

Subscriber: means any person or entity that has applied for and agreed to pay for telecommunication services;

Deposit: means an account paid to a telecommunication services provider by an applicant or customer to guarantee payment for telecommunications services;

Service Address: the address at which the service and/or equipment are installed or to which service is provided by Marpin 2K4 Limited;

Service: means the telecommunications services provided by Marpin 2K4 Limited by means of a national and international telecommunications system operated by Marpin 2k4 Limited, including without limitation, the telecommunication services set out in the Subscriber's application form;

Equipment: the telecommunications equipment required and or provided by Marpin 2K4 Limited to a Subscriber pursuant to this agreement.***