TERMS & CONDITIONS
Definitions: In these Terms and Conditions, ‘you’ and ‘your’ means the customer (you). ‘We’, ‘our’, ‘us’ and ‘Vodafone’
means Vodafone Fiji Limited. By ‘Services’ we mean the fixed and wireless network services on the Vodafone network in
Fiji available to you, subject to the Plan you have chosen . ‘Equipment’ refers to the modem, related accessories and
software (to enable the procurement of the Services) which has been provided to you subject to these Terms and
Conditions and the terms noted on the Network Services Contract form. The ‘Contract’ refers to the entire contract
between you and Vodafone including the contract terms printed overleaf and these Terms and Conditions. A ‘month’
refers to number of days in a given month (Calendar Month)
1. General Conditions
1.1. This Plan and the Service are only applicable to Residential Prepay customers.
1.2. Credit checks and vetting will be conducted prior to processing of application
1.3. You are required to recharge using normal VODAFONE Recharge Cards to load data cap. Data cap is the total of
uploads and downloads (allocated on selected plans)
1.4. The data will expire as per the standard expiry days depending on the Recharge denomination.
1.5. The speed of the Plan you have signed up to is theoretical network maximum speeds. Actual speeds may be less due
to a number of factors including network configuration, line quality & length, exchange type, member premises
interference, traffic, hardware and software. Upload speed is up to 1Mbps and download is up to 10 Mbps.
1.6. The Services should only be used for lawful purposes. Transmission of any material in violation of the laws of the
Republic of Fiji Islands is prohibited. This includes, but is not limited to, copyrighted or trade secret protected material,
threatening or obscene material.
1.7. Use of any information via the Services is at your own risk. We take no responsibility for the accuracy, timeliness or
quality of information transmitted or received.
1.8. If you have used shareware, trial-ware or any software provided by Vodafone, then you will be subject to conditions
stated by the developer of that product, such as usage, registration, payment etc. Vodafone reserves the right to cancel
the Services with reasonable written notice to you.
1.9. The Services are provided on the basis that it is for your use only and will not be offered or resold to third parties. The
Services must not in any circumstances be resold for commercial purposes.
1.10. The password for accessibility to the Services will be given out to you or your nominated point of contact.
1.11. Any other products and/or services provided in addition to those listed in this document may incur additional
charges.
1.12. We reserve the right to immediately suspend or cancel the Services if we find that the account/service has been
inappropriately used.
1.13. We reserve the right to withdraw the Services if we determine that quality degradation in service delivery has
occurred due to circumstances beyond our control.
1.14 Price changes or variation to these Terms and Conditions shall be notified to you upon 30 days’ prior notice. Such
variations may be found on Vodafone’s website: www.vodafone.com.fj
2. Installation
2.1. Configuration and installation will depend on the availability of ports at a given location. Installation will take up to 7
to 10 Working Days depending on the weather and other factors.
2.2. You are required to disclose correct and full residential address like town name, street name, house number, and flat
number. Additional descriptions may also be required if your home address is difficult to locate.
2.3. You are required to get the consent of the land owner for installation of the cable underground and or internally in
the premises. If you are renting the subject premises, then you are to get an approval from the landowner, in writing for
all installation works. Additional charges may apply for extra wiring.
2.4. Any damages to the fixed line for this Plan and if there is a requirement for our technical team to do a physical check,
separate charges will be levied on you. Physical check may take up to 2 to 5 working days depending on the weather and
other factors.
2.5. You are to notify Vodafone if you are relocating and provide the full and correct address of the new location.
Relocation will be done on availability of ports at given location. Installation to the new address will take 7 -10 working
days.
3. Availability of Service
3.1. You acknowledge and agree that the Services may not be available from time to time as a result of a number of
factors including capacity constraints, electromagnetic interference, adverse weather conditions, excessive Vodafone
network use, equipment failure, your location, during maintenance activities or due to other circumstances.
3.2 Vodafone is not liable to you or any other person for:
(i) any cost, loss or liability (including injury, death, loss of profit or other consequential damage) arising out of Vodafone’s
supply or failure to supply the Services including as a result of suspension of the Services, any act, omission or negligence
of Vodafone; and
(ii) the content or context or confidentiality of communications made over the Services and Vodafone is hereby deemed
indemnified by you against any liability it may incur as a result of any defamatory or other unlawful comments made by
you by use of the Services.
4. Service Restoration
4.1. All Broadband Telephone Line related faults will take 2 to 5 working days to resolve.
4.2. In the process of resolving the fault and restoring service, you the person responsible for this account will be deemed
the point of contact. Any interaction in regards to password resetting will only go through you UNLESS otherwise specified
by you.
4.3. Any fault arising from your computer (apart from Modem & Telephone Line) is the sole responsibility of the customer.
4.4. Any fault relating to the modem will be diagnosed by the Vodafone technicians. Residential / SBU customers are
responsible for bringing faulty modems to Vodafone outlet for testing.
5. Our Responsibilities
5.1. We provide you Internet Service, an Account Identity and Password for you to gain access to the Internet. Installation
of routers or networks is not covered during Broadband installation process. Extra charges will apply if extra telephone
wiring is required.
5.2. We will use our best endeavours to maintain the continuity of the Service, although we do not guarantee it will be
continuous or fault-free.
6. Your Responsibilities
6.1. It is your responsibility to see that your computer meets our system requirements.
6.2. It is your responsibility for all access to and use of the Services through your account. You may permit another person
to use your account from time to time but you assume all responsibility and liability for the activities that person conducts
on-line and for any material that person is exposed to.
6.4. You agree that this Service will be used by a single user at all times. Vodafone assumes no responsibility for usage
disputes related to shared passwords and multi-user access to your account. It is your responsibility to ensure that the
password to the Service is used responsibly.
6.5. You must keep your password confidential. You are responsible to avoid any unauthorized access or usage to your
account.
6.6 You are responsible for all equipment and software necessary to access the Service as well as the security of your
data back-up, computer security and recovery at all times.
6.7. Some material on the Internet may be offensive, inappropriate or unsuitable. You acknowledge this and that we do
not accept any responsibility for contents offered by other individuals or companies on the Internet or for any other
information passing through the service.
6.7. You must inform us at least two weeks in advance if your postal and email notification address changes or if you move
to a new location. This allows time for relocation of the service, although we cannot guarantee service at your new
location. You will be advised accordingly. Relocation fee will depend on movement within current premises or new
address. Visit www.vodafone.com.fj for charges. Outside 2km radius of Suva- extra charges may apply.
6.8 Your data balance can be viewed by accessing the following link: www.vodafone.com.fj
Vodafone suggests you check your volume (usage) on a regular basis. You will also be able to check your data balance
through your primary mobile number listed in under “mobile number” by dialling *575#. If you find any anomalies, please
contact Vodafone’s Customer Care immediately.
7. Contract not Transferable
7.1. You hereby agree that the Network Service Contract is only between you and Vodafone and that you may not assign
your rights and obligations to a third party provided however, Vodafone may assign its rights and obligations.
8. Equipment
8.1. Vodafone shall provide you with the Equipment during installation stage after the date of execution of this Contract
and approval of credit vetting process
8.2. The type, brand and model of the Equipment provided are deemed to have been agreed upon by you. Vodafone shall
inform you of the approximate normal retail cost of the Equipment as at the date of execution of the Contract.
8.3. You agree that the title to the Equipment shall remain with Vodafone for the duration of the Contract Term and that
you will have no ownership, property or rights in the Equipment and shall hold the Equipment as bailee of Vodafone. You
must not part-with, sell, dispose of or gift the Equipment to a third party during the Contract Term.
8.4. You are responsible for the acts and omissions of third parties utilising the Equipment and Services, whether or not
authorised by you.
8.5. If the Equipment is lost, stolen or otherwise the subject of unauthorised use you must notify Vodafone in writing
immediately; and until notification is received by Vodafone, all Services provided or accessed as a result of the
unauthorised use of the Equipment are deemed to be provided to you and to your account. In the event of lost or stolen
modem, you will be required to pay the pro-rata value of the device or purchase a new device to continue usage of
Service.
8.6. Provided you have purchased the Minimum Monthly Recharge every month during the Contract Term, and complied
with the provisions of the Contract, the title to the Equipment will be deemed to have passed from Vodafone to you on
the expiry date of the Contract Term[ after 24 months period]
8.7. Vodafone will have the right to recover the Equipment from you at any time during the Contract Term or demand the
return of the Equipment, the terms of which demand you agree to comply with, in the event of breach by you of any term
or condition of this Contract, including if you do not purchase the Minimum Monthly Recharge for use with the Equipment
in any month. You will be liable for any costs incurred by Vodafone for recovery of the Equipment, including but not
limited to legal costs.
8.8. Notwithstanding anything to the contrary, any software included in the Equipment is licensed (or sub licensed) to you
only for your use of the Services.
9. Warranty on Equipment
9.1. Warranty case is an event of failure or malfunctioning of Equipment excluding the following conditions:
(a) mechanical damage (including unintentional) caused by misuse, by usage of unoriginal parts, or by servicing or
modification of Equipment performed by parties other than the authorized service centre;
(b) defects caused by violation of operating instructions provided in the documentation provided with the Equipment;
(c) defects caused by normal wear of Equipment or aging of its parts during the Warranty Period (defined hereunder):
(d) defects caused by computer viruses;
(e) defects caused by usage of software, accessories or other parts that are not approved by the manufacturer; if the
Equipment was used after a defect has been discovered; inappropriate repair or maintenance.
9.2. The basic warranty period is effective starting from the date of commencement of this Contract and for a period of 12
months (“Warranty Period”).
9.3 Modems not covered under warranty or after Warranty Period will be replaced at your cost.
9.4 We reserve the right not to replace Modems that:
a) Have been mishandled, abused or not installed correctly,
b) Have been subjected to a power surge,
c) Have been damaged during natural disasters (cyclones, floods etc.),
d) Have been lost or stolen.
10. Suspension of Services
10.1. Vodafone may from time to time and without notice suspend the Services (and at Vodafone’s discretion, disconnect
the Equipment) in any of the following circumstances:
(a) during any technical failure, modification/ maintenance of the Vodafone network provided that Vodafone will use its
reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable, or
(b) if you fail to comply with any term or condition of the Contract (including failure to purchase Minimum Monthly
Recharge) until the breach (if capable of remedy) is remedied, or does, allow to be done, anything which in Vodafone’s
reasonable opinion may have the effect of jeopardizing the operation of the Services. Notwithstanding any suspension of
the Service under this clause, you shall remain liable for purchasing Minimum Monthly Recharge throughout the period of
suspension unless Vodafone at its sole discretion determines otherwise.
(c) if in Vodafone’s reasonable opinion, your usage of the Service is unusual or excessive or you have breached the
Acceptable Use Policy including intellectual property rights of a third party, to which Vodafone has been alerted.
11. Unacceptable Usage of Services
11.1. Generally (and without limiting the vast restrictions which may apply to your usage of the Services), you must not,
use the Services for:(i) Deceptive online marketing practices;
(ii) Violation of any local Fiji law or regulation;
(iii) Violation of the rights of any person or entity which are protected by copyright, trade secret, patent or other
intellectual property or similar laws and regulations, including but not limited to the distribution of pirated products that
are not authorized to be used by you;
(iv) Introduction of malicious viruses or Trojans; or
(v) Effecting security breaches or disruptions.
11.2. Vodafone’s Acceptable Use Policy for use of the Services is available on the Vodafone website at
www.vodafone.com.fj and by using the Services it is deemed that you have read, understood and agreed to comply with
it.
12. Termination of Contract
12.1 We reserve the right to terminate this Contract at any time without notice if there is a breach of terms and
conditions which includes;
(1) Early termination of the Contract by the Customer and before the expiry of the 24 months Contract Term
(2) Failure to recharge with accumulated r value as per the agreed Plan to this Contract.
12.2 I/We agree to pay cancellation fee equivalent to 50% of the Installation Fee during non-promotional period if I/We
cancel this application before Installation service has been rendered. Any refunds will take 7 working days to process;
Customer will be contacted on primary or alternate contact for collection. Additionally you agree that upon cancellation,
the Plan fee paid will not be refunded
12.3 Vodafone will continue accruing the monthly expected (plan) recharge value unless a written notice is provided to us
(Vodafone) requesting the termination of service.
12. We reserve the right to terminate all or partial internet service if a dispute exists between you and the
infrastructure provider (Vodafone) or if there is a breach of any Vodafone terms and conditions.
12.5 Breach of any term of this Network Services Contract will result in immediate termination of it and the provision of
the Services without any notice but you will be still liable for any unpaid charges.
13. Recharge Conditions
You agree that:
13.1
Depending on the selected Plan, you are required to recharge with stated dollar value per month in order to
continue with this Contract. The customer may recharge with other denominations beyond agreed Plan if he/she
may choose to do so however only the agreed Plan denomination would have the benefits attached as per the
Contract.
13.2
To recharge – go to messages, enter Recharge pin numbers followed by hash(#)key and ADSL Number, send to
132 or dial *575# and follow instructions on USSD via Primary Contact
13.3
Accumulated value from a preceding month will not qualify as the Minimum Monthly Recharge. Data acquired
through purchase of the Minimum Monthly Recharge has an expiry period of 30 days from date of recharge.
13.4
Vodafone may communicate via primary contact and email address to remind you to recharge with the required
Minimum Monthly Recharge amount to avoid barring of account. Notwithstanding the above, Vodafone
undertakes NO responsibility for sending such alerts or notifications.
13.5
If you fail to recharge within 30 days from date of previous recharge, then a grace period of 10 days may be
allowed to you within which you must recharge to be deemed not to be in default of the Contract. If you still fail
to purchase the Minimum Monthly Recharge within the grace period, then you will be deemed to have defaulted
in your obligations under this Contract, Vodafone will exercise its right to terminate this Contract and you must
then return the Equipment, on demand, to Vodafone in proper working condition, if the Equipment is not in
working condition, then you must pay the depreciated value of the Equipment (as determined by Vodafone) plus
the Minimum Monthly Recharge which was required to have been purchased by you for preceding month(s) but
which you failed to purchase .Further to this your details may be submitted to Debt Collection Agencies and
Credit Bureaus (Data Bureau) which may affect your future credit rating.
13.6
Data roll over is not permitted. Data allocated as per recharge will not accumulate upon following month’s
recharge.
13.7
Reload of Data option is available after you have recharged with agreed value as per selected Plan on contract.
13.8
Reload charge applies: $1.00/1000MB. Reloaded data will expire at calendar month end.
13.9
Recharge Denominations, data allocation and Expiry on different plans is available on our website.
www.vodafone.com.fj
13. Exclusion of Liability
13.1. The use by you of the Services including any content you may obtain through or on the Services is at your own risk
and Vodafone will not be under any liability in respect of any loss or damage (including consequential loss or damage)
however caused (whether negligence or otherwise) which may be suffered or incurred or which may arise directly or
indirectly in respect of the provision by Vodafone of the Equipment and the Services under this Contract.
14. Indemnities
14.1. You agree to indemnify Vodafone, its employees, and agents and keep them indemnified from any liability and all
loss and damage of any kind whatsoever (including indirect special or consequential loss or damage) caused by or arising
directly or indirectly from your use of the Equipment, Services or your breach of any term of this Contract in any way.
To Be Filled by Customer (Checklist) after explanation by Sales Representative:
Plan Options – Speed & Data Cap
Explained & understood by Customer
Fault Restoration Time frame
Reload Options & conditions
Nominated Email address
Reload Expiry
Vodafone Contact used for Balance check
Installation Time frame:
TIN Letter/Business Registration attached
Warranty, Equipment & Replacement Cost
Signed Authorization Letter from Landlord
(if Tenant)
Balance Check Option
Port Availability
Recharge Requirements as per Plan & benefits
Relocation Fees
Extra Wiring Cost
Customer Signature:
_________________________________
Date:
_______________________________