The parties agree between them as to the interpretation to be given to abbreviations, words or expressions used in this contract, unless the context requires a different interpretation:
Contract - this document and any subsequent agreement between the parties that would modify their obligations in any way whatsoever.
VoIP Telephony - Telephone service through the Internet Protocol (IP).
IP - Internet Protocol.
Juridical Day - Every working day of the week except Sundays and public holidays.
Time Limits - The time limits set forth in this Agreement are mandatory, and any reference to a specific date, including in calculating any time limit set forth in this Agreement, shall mean the first legal day following such date if such date falls on a non-legal day.
The Customer hereby entrusts the Supplier, who accepts it, with the installation of a VoIP Telephone line for his personal or professional use. The Provider will also provide the various related services in accordance with the terms and conditions contained in this contract.
The Customer agrees to take care of the equipment as a good user and not to commit any abuse of use that could prejudice the proper functioning of the system or the termination of this contract. Any case of fraud or rules violation duly noted, either by a Justice of the Peace, or by a competent person, will be subject to termination of this contract, and the Customer will be obliged to honor, where appropriate, his debts to AccessHaiti.
The services listed below will be provided under this Agreement:
Access to the internet (if applicable)
Access to a VoIP phone line (if applicable)
A Modem for the use of the services previously purchased by the customer
This contract is made for a period of twenty-four (24) full and consecutive months. It may be renewed, by tacit agreement, on the same terms and conditions subject to modifications that the parties may make, unless notice to the contrary is given by either party, three (3) months before its expiration.
The Supplier is responsible for the configuration of the equipment giving access to the service(s).
The equipment shall become the property of the customer after twenty-four (24) months full and consecutive months of Service. All equipment must be activated.
The customer agrees to comply strictly with the access conditions which are the essence of the contract. The customer agrees to submit, at the Supplier's request, to an inspection visit in order to verify the conformity of the use with the general and specific clauses of the said contract.
The customer agrees to give the Supplier's Engineers and Technicians free access to the spaces where the equipment is installed. It shall provide them with its full cooperation in the performance of their tasks during routine inspections or any other intervention.
The client agrees to take all appropriate measures to block all unauthorized access to its user stations. He will take all security measures to prevent any possible act of piracy, vandalism, vagrancy or other similar acts whether or not they are regulated by the competent legislation.
The customer acknowledges that the power supply of the equipment is and remains his responsibility. The Customer acknowledges that it has installed all the equipment provided by AccessHaiti on a UPS, otherwise it will not be entitled to the one year (1) warranty offered on all equipment purchased from AccessHaiti. This warranty does not cover short circuiting or abuse of the equipment.
Services are provided for and through the services and methods selected in the activation form.
The total amount of the services will be paid monthly by check, in Cash or debited directly from your credit card account information in the activation form. Debits to the credit card include the fees provided for by law and are payable on the first business day of the month. Any month started is due in full.
This contract may be terminated, rightfully, in the event of non-compliance with any of its clauses.
The Supplier declines all responsibility for interruption of service in the event of natural disasters such as hurricanes, tornadoes, storms, lightning, etc. or "solar outage". It shall, however, warn the customer, taking care to mention the cause.
In the event of late payment, the Supplier may terminate this Agreement three days after a simple notice of default has been sent to the Customer. In the event of unilateral termination of the Contract, and before its expiry date, by the Customer, the latter undertakes to pay the Supplier an indemnity equivalent to 100% of the monthly fees for the current month as well as an amount of Three Hundred American Dollars (USD 300.00) in the event of non-return of the equipment.
All modems/antennas returned for refund will be paid as follows:
0 to 15 days of use: 100% Equipment Price
16 days to 3 months use 75% Equipment Price
3 to 6 months of use 50% Equipment Price
6 to 12 months of use 25% Price Equipment
Beyond 12 months of use 15% Equipment Price
Equipment exchanged for former NextNET customers will be subject to a special evaluation and will not be refunded according to the above scale. Refund condition:
Equipment returned in its original packaging with all cables and accessories provided at the time of purchase. All modems, cables and accessories must be in working order.
Original modem payment receipt for refund calculation.
The parties agree to seek resolution of any disputes that may arise. If this is not possible within a period of one month or more, they agree to submit the dispute to the arbitration of a Commission of three members who will be so designated:
one arbitrator chosen by the Supplier
an arbitrator chosen by the Client
a co-opted third arbitrator
The arbitrators shall themselves determine the applicable procedure and shall render their decision within fifteen (15) days after the conclusion of the proceedings. If they fail to do so, the more diligent party shall inform the arbitral tribunal and the other party, by way of bailiff, of its decision to bring the case before the competent court.
The customer declares that he has elected domicile at the above-mentioned address and undertakes to notify the Supplier of any change of address, failing which he shall be deemed to have elected domicile at the Registry of the Court of First Instance of Port-au-Prince.
In the event of a breach of this agreement by the client giving rise to legal proceedings, the client shall bear the attorney's fees and the costs of the proceedings.
Any notice hereunder shall be in writing and shall expressly refer to this Agreement. Unless otherwise expressly provided in this contract, any notice to be given, any document to be transmitted, any payment shall be made to the address of the said company located at 74, Rue Panaméricaine; Pétion-Ville Haiti. Any notice given, any payment made, any delivery made in violation of this article shall be deemed undelivered.
For anything not provided for herein, the parties declare to refer to the provisions of laws governing the matter. Read and Approved: _______________________________________