Free for 3 Terms

Digicel (Barbados) Limited
TERMS AND CONDITIONS OF “Free after 3” Promotion.
1 DEFINITIONS
In these conditions "Promotion" means a temporary offer devised to promote usage of the cellular phone service offered by the Company; “Top up” means crediting of account by means of FlexCards, FlexEcards, Direct Flex, Mobile Top Up, Top U Up, WebFlex, Credit U.

2 FORMATION OF CONTRACT
2.1 As of September 5, 2008 all Prepaid customers are automatic beneficiaries of the “ Free for 3” Promotion. All usual methods of top up still apply.

2.2 Once The “Free after 3” Promotion comes into effect on September 5, 2008 it will replace and terminate the “2c after 2min” Promotion. Terms and Conditions of the “2c after 2min” Promotion will no longer apply.

2.3The “ Call me” Promotion remains applicable for the duration of the “Free after 3” Promotion.

2.3Once the holder of a prepaid Digicel mobile phone has placed a call to another Digicel (prepaid or postpaid) number that has lasted for 3 minutes or 180 seconds the qualifying customer will not be charged for the next 57 minutes. System to be repeated once the remaining 57 minutes have been exceeded ( qualifying customer will only pay for 3 minutes out of every 60 minutes).

2.3 Every 3 minutes charged will be in accordance with the usual per minute rate for calls placed to other Digicel mobile accounts as follows ;- Bds$ 0.50 for calls made during the day ;$Bds $0.45 on calls made on evenings; Bds$0.30 for calls made on weekends.

3 Voiding the Contract
3.1 Postpaid customers are not eligible to benefit from this Promotion.
3.2 Roaming charges will still apply as usual. The “Free after 3” promotion is not available to prepaid customers using the service out of Barbados.
3.3 The “Free after 3” promotion does not apply to text messages. Text messages will be charged as usual.
3.4 The “Free for 3” promotion does not apply to placement of overseas calls.
3.5 De-activated accounts will not benefit from the “ Free for 3” promotion.

4 LIABILITY
4.1The company will not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.

4.2 We have no liability to you (or anyone claiming through you) in contract, tort or otherwise for any loss or damage which is: (a) not
our fault; (b) indirect and/or not reasonably foreseeable; (c) purely economic, special, punitive or consequential loss or damage
(whether foreseeable or not) or any other form of economic loss, arising from our performance or non-performance of our
obligations under this Contract including through negligence or breach of statutory duty to the extent permitted by law.

4.3 We have no liability to you (or any one claiming through you) if we are unable to carry out our duties or provide Service because of
factors beyond our control including, but not limited to, the following:
(a) Acts of God; (b) outbreak of hostilities, civil riots, acts of terrorism; (c) act of any government or authority (including refusal
or revocation of any license or consent); (d) power failures, failure of telecommunications lines, failure or breakdown of plant, machinery
or equipment; (e) default or failures of suppliers, subcontractors or other telecommunications operators; (f) theft, malicious damage; (g)
industrial action of any kind.

4.4 We have no liability to you (or anyone claiming through you) if we disconnect the phone or Suspend the Service.

4.5 If we are found to be liable to you (or anyone claiming through you) we limit our liability under this Contract up to a maximum of the amount charged for the valid entries made.

4.6 We, our associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected,(altogether, “claims whatsoever”) arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents.

4.7 All conditions, warranties, terms and undertakings expressed or implied by statute, common law or otherwise (including but not limited to fitness for a particular purpose) are expressly excluded from this Contract to the extent permitted by law.

4.8 Each provision of this Clause operates separately. If any part is found by a Court to be unenforceable or inapplicable (in whole or in part) the other parts will continue to apply.

5 BARBADIAN LAW
5.1 Barbadian law shall be the proper law of the contract.