Definitions
The following terms shall have the meanings set out below
Agreement' means Brama Telecom's offer; these general Terms and Conditions including any special Terms and Conditions specified by Brama Telecom Inc., on which the parties agree Brama Telecom Inc. will provide Services
'Customer' means the party who makes an offer to Brama Telecom to purchase the Services. ‘Brama Telecom' means Brama 4 Students as its main provider.
'Services' means the Brama Telecom branded services to be provided by Brama Telecom Inc. as described in this Agreement.
1. Supply of Services
1.1 No orders shall be accepted by Brama Telecom if received from Customers under the age of 18 unless client has consent from parents or guardians.
1.2 When the Customer places an order for Services it shall constitute an offer to Brama Telecom for the Services.
1.3 Brama Telecom shall not be obliged to accept any Customers order.
1.4 All Services are subject to availability and may at the option of Brama Telecom be withdrawn at anytime.
2. Price and Payment
2.1 Brama Telecom will accept payment by certain Credit cards. Alternative payment methods may be available upon request. In all cases Brama Telecom requires receipt of cleared payment as a condition precedent to the Agreement being effective.
2.2 Subject to clause 2.3 the prices payable for the Services shall be as stated in Brama Telecom rate sheets current at the date of the Agreement.
2.3 Brama Telecom will use its reasonable endeavours to give not less than seven days' prior written notice to the Customer of any changes in the rates for the Services by publishing new rates at the website www.BramaMobile.com.
2.4 All prices and rates are inclusive of Value Added Tax but exclusive of any applicable taxes in the country of supply. The Customer will be responsible for paying any such duties according to the local laws and regulations of their country of usage.
2.5 The Customer's account may be topped-up at any time by making payments via the Brama 4 Students website or as may be specified by Brama Telecom from time to time.
3. Services
3.1 The Service will not be available unless the Brama 4 Students Application is activated on the Customer's mobile handset. If not, the Mobile Network Operator's usual charges will apply.
3.2 The Customer undertakes not to use the Service for the transmission of any material which is or is intended to be defamatory, offensive, abusive, seditious, obscene or menacing character, to be a hoax call to emergency or other government services or in any other manner which constitutes a violation or infringement of the rights of any other party.
3.3 Brama Telecom will use all reasonable endeavours to ensure that the Service is available for use by the Customer at all times during this Agreement, including without limitation to correct as soon as is reasonably practicable any Service fault notified by the Customer, provided that:
(3.3.1) Brama Telecom reserves the right to interrupt a call at any time with a message indicating how much credit is left on the Customer's account; and
(3.2.2) The Services will be subject to loss or interruption including without limitation interruption, which is attributable to any software, repairs, maintenance, upgrades, modifications, alteration or replacements.
3.4 The Customer is responsible for the accuracy of any order placed and for ensuring that Brama Telecom has sufficient information in order to fulfill that order
3.5 Brama Telecom may suspend the Services and/or disconnect the Customer from the Network during any technical failures, modifications or maintenance of the Network.
4. Liability
4.1 Subject to clause 4.2 the total of Brama Telecom's liabilities arising under or in connection with this Agreement arising from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused shall not exceed the sum paid by the Customer for the Service in respect of which the liability arises.
4.2 Notwithstanding anything to the contrary in this Agreement Brama Telecom shall not be liable to the Customer under or in connection with this Agreement for any corruption, destruction or loss of data, loss of goodwill, loss of anticipated savings, loss of contracts, loss of revenue, loss of use, loss of profits, loss of business, for any extra operating costs and expenses or for any indirect or consequential loss whatsoever or howsoever caused, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused.
4.3 Brama Telecom will have no liability to the Customer and the Customer will indemnify, defend and hold harmless Brama Telecom against all loss, damage or expense, including legal fees and costs of litigation, arising from claims of a third party where such claims arise in whole or in part from misuse of the Service by the Customer its employees or agents.
4.4 The provisions of this Clause 4 shall continue to apply notwithstanding termination or expiry of this Agreement.
5. Intellectual Property Rights
5.1 The intellectual property rights relating to the Products, and Services including without limitation all patents, trademark, copyright and rights of like nature shall remain the property of Brama Telecom and its licensors.
5.2 The Customer shall not be entitled to use the name, trademark, trade names or other proprietary identifying mark or symbol of Brama Telecom or its suppliers without Bramaute Telecom prior written consent.
6. Termination
6.1 Brama Telecom shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer.
6.2 Without prejudice to its other rights, Brama Telecom may disconnect, suspend the Service, and or terminate this Agreement by notice in writing to the Customer in the event that:
6.2.1 the Customer must present Brama Telecom with an written cancellation form in order to cancel the service otherwise Brama Telecom will continue to charge the customer the monthly rate until provided with the cancellation form;
6.2.2 Brama Telecom is obliged to comply with an order instruction or request of government, an emergency service organization or other competent authority;
6.2.3 Brama Telecom needs to carry out emergency works to the Service or its network; or
6.3 Brama Telecom will terminate the Agreement without prior notice to the Customer if the Customer is suspected, in Brama Telecom's reasonable opinion, of involvement with fraud or attempted fraud or acts which are defamatory, offensive, blasphemous, seditious, abusive, obscene, illegal or menacing character in connection with use of the Service.
6.4 The Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer in the event that:
6.4.1 Brama Telecom modifies the charges under clause 4.2 or the conditions under clause, and then the Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to Brama Telecom within 14 days of the relevant changes;
6.4.2 the Customer gives to Brama Telecom not less than 30 days written notice of termination.
7. Consequences of Termination
7.1 Termination of the Agreement shall not affect either party's accrued rights or obligations hereunder as at termination or any rights or obligations which are expressly referred to, or made by implication, and shall continue after this Agreement has ended.
8. Confidentiality
8.1 During the Initial Term of this Agreement and after termination or expiration of this Agreement for any reason, the Recipient Party:
(a) Shall not use Confidential Information for a purpose other than the performance of its obligations under this Agreement;
(b) Shall not disclose Confidential Information to a person except with the prior written consent of the Disclosing Party or in accordance with Clauses 8.2 and 8.3.
8.2 During the term of this Agreement, the Recipient Party may disclose Confidential Information to any of its directors, other officers, employees and sub-contractors (a "Recipient") to the extent that disclosure is reasonably necessary for the purposes of this Agreement. Where Brama Telecom is the Recipient Party, it can disclose Confidential Information to any Brama Telecom group company.
8.3 The Recipient Party shall ensure that a Recipient is made aware of and complies with the Recipient Party's obligation of confidentiality under this Agreement as if the Recipient was a party to this Agreement.
8.4 Clauses 8.1 to 8.3 do not apply to Confidential Information which:
(a) At the date of this Agreement, or at any time after that date, becomes publicly known other than by the Recipient Party's or the Recipient's breach of this Agreement;
(b) Can be shown by the Recipient Party to the Disclosing Party reasonable satisfaction to be known by the Recipient Party before disclosure by the Disclosing Party to the Recipient Party; or
(c) Is required to be disclosed by law or by the rules of any stock exchange to which the Recipient Party is subject.
9. Privacy Policy
9.1 In the case of any Customer who is an individual about whom Brama Telecom processes personal data, the following shall apply:
9.1.1 Brama Telecom may process such personal data for the purposes of administering the relationship with the Customer and, as part of its use of such data, may transfer that data to other Brama Telecom companies in other jurisdictions;
9.1.2 Brama Telecom may also, from time to time, use such personal data to provide the Customer, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of Brama Telecom may be of interest to the Customer. The Customer may opt-out from receiving this information by writing to Brama Telecom;
9.1.3 Brama Telecom may use credit scoring or carry out a credit check when considering the Customer's application and also when operating account(s) or making credit decisions or otherwise providing the Services or Goods;
9.1.4 In the same circumstances, Brama Telecom may search the files of credit reference agencies, which may keep a record of the search and the Customer authorizes Brama Telecom to do so.
9.1.5 Information about the Customer's debts owed to Brama Telecom may be disclosed to credit reference agencies where the Customer has fallen behind with its payments; the amount owed is not in dispute; the Customer has not made proposals satisfactory to Brama Telecom for repayment of its debt following formal demand; and the Customer has been given at least 28 days' notice of its intention to disclose;
9.1.6 Brama Telecom may process customer information for the Services for the prevention or detection of fraud, and to deal with customer enquiries;
9.1.7 If the Brama Telecom account is a joint account held by two or more persons, Brama Telecom might share information about the Customer and the conduct of the joint Brama Telecom account with the other person(s). Brama Telecom may share information about the Customer and the conduct of the Brama Telecom account with any person to whom Brama Telecom transfers its rights or obligations under this Agreement;
9.1.8 Brama Telecom may share Customer's personal information with other companies, however, those companies can only process this information according to the instructions Brama Telecom gives them; and
9.1.9 Brama Telecom may receive requests from the producers of directories, and following this Brama Telecom acting in accordance with the relevant data protection legislation will notify its Customers and give them the full opportunity to object to their data being disclosed.
9.2 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described in Clause 9.1.
9.3 To help improve Brama Telecoms service and in the interests of security it may monitor and/or record the Customers telephone calls with it.
9.4 The Customer undertakes promptly to provide Brama Telecom free of charge with all information and co-operation that Brama Telecom may reasonably require to enable it to proceed without interruption with the performance of its obligations under this Agreement.
10. New Terms and Conditions
Brama Telecom reserves the right to make changes to these Terms and Conditions either by giving the customer 7 days notice (including by notice using the website below) or without notice if there is a valid reason. A valid reason shall include an increase in interconnection, carrier or related costs payable by Brama Telecom. These changes to the Terms and Conditions shall be displayed on the Brama Telecom website at www.BramaMobile.com and can be requested by writing to or phoning Brama Telecom customer service department.
11. Service Interruption
Brama Telecom shall not be liable for any delay or failure to perform its obligations under the Agreement if such failure results from circumstances beyond Brama Telecom's reasonable control.
12. General
2.1 Any failure to exercise or delay in exercising a right or remedy provided by this Agreement, or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
12.2 Brama Telecom may transfer, assign or delegate any or all of its rights under this Agreement to any party and it may assign any or all installation and repair works of the Product to a Brama Telecom appointed supplier or subcontractor. The Customer may not assign or transfer or delegate, any of its rights or obligations under this Agreement without the prior written permission of Brama Telecom.
12.3 A notice under or in connection with this Agreement shall be in writing and may be delivered personally or sent by first class post to the address of the relevant party set out above, or to such other address as the relevant party may specify by notice to the other in accordance with this Clause 12.3.
12.4 Brama Telecom may vary these Terms and Conditions as a direct result of new legislation, statutory instruments, government regulations or licenses, or similar events, provided that such variation shall be limited to the extent deemed by Brama Telecom to be necessary for these purposes and following written notification to the Customer.
12.5 This agreement is made between the parties for the benefit of the parties and is not intended to be for the benefit of or enforceable by any other person, and neither party can declare itself a trustee of the rights under this agreement for the benefit of any such person.
12.6 1f any provision set out herein shall be held by any court to be invalid or unenforceable, the validity or enforceability of such provision shall not affect the other provisions or Clauses of the Agreement which shall continue in full force and effect.
12.7 All Clauses in the Agreement that are either expressed to survive or which are by implication intended to survive termination or expiry of the Agreement will continue to survive notwithstanding termination or expiry of the Agreement.
12.8 The headings in this Agreement are inserted for convenience only and shall not affect the construction this Agreement.
13. Entire Agreement
This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior understanding and representations, whether written or oral (whether innocently or negligently) upon which the other party relied in entering into this Agreement, except for any fraudulent misrepresentations.
14. Governing Law
14.1 A person who is not a party to this Agreement has no right under to enforce any Terms or Conditions of this Agreement.
14.2 This Agreement shall be governed and construed according to the laws of Canada and any disputes or proceedings shall be subject to the non-exclusive jurisdiction of the Canadian courts.
If you have any questions regarding Brama Telecom's Terms & Conditions of Service please contact: info@bramatelecom.com