NEXTGEN SOLUTIONS LIMITED

TERMS AND CONDITIONS FOR INTERNET SERVICES

Effective Date: April 01, 2020
Last Updated: January 06, 2021

These Terms and Conditions (“Terms”), together with the Customer’s application, selected Service Plan, order form, installation documentation, Acceptable Use Policy (if separately published), Privacy Policy and any other document expressly incorporated into these Terms (collectively, the “Agreement”), govern Internet and related services provided by NextGen Solutions Limited, a company operating in Jamaica (“NextGen”, “Provider”, “we”, “us” or “our”).

The person or entity subscribing for or receiving the Service is referred to as the “Customer”, “you” or “your.”

By signing an application or service agreement, accepting these Terms electronically, activating Service, or otherwise accepting the Agreement through a method permitted by applicable law, the Customer agrees to be bound by these Terms.

Nothing in these Terms is intended to exclude, restrict or waive any right or remedy that cannot lawfully be excluded or restricted under the laws of Jamaica.

1. SERVICE

1.1 Provision of Service

NextGen will use reasonable efforts to provide the Internet connectivity and related services described in the Customer’s selected Service Plan (“Service”).

1.2 Service Plan

The Customer’s Service Plan may specify, among other things:

monthly charges;
applicable installation or activation charges;
service location;
advertised or plan speeds;
equipment supplied;
additional services;
billing cycle; and
any special terms applicable to the selected Service.

1.3 Service Availability

Internet Service is provided on an “as available” basis. NextGen will use reasonable endeavours to provide reliable Service with due care and skill and in accordance with applicable Jamaican telecommunications laws, regulations, licence conditions and quality-of-service requirements.

Internet Service may nevertheless be affected by circumstances including maintenance, network congestion, equipment failure, power outages, weather conditions, hurricanes, lightning, interference, damage to infrastructure, upstream provider failures, third-party networks, customer equipment and other circumstances.

1.4 No Continuous Maximum-Speed Guarantee

Unless expressly guaranteed in writing under a particular Service Plan, advertised speeds represent the parameters or maximum/expected performance of the applicable plan and do not constitute a guarantee that the maximum advertised speed will be continuously available to every device at all times.

Actual performance may be affected by Wi-Fi conditions, distance from access points, customer equipment, device capability, interference, network congestion, the destination server or website, third-party networks and other technical factors.

2. CUSTOMER INFORMATION

2.1 Accurate Information

The Customer shall provide accurate, complete and current information reasonably required to establish and maintain the account, including:

legal name or registered business name;
service address;
billing address, where different;
telephone number;
email address; and
billing and payment information.

2.2 Changes

The Customer shall promptly notify NextGen of changes to information associated with the account.

2.3 Account Responsibility

The person or entity in whose name the account is established is responsible for the account and charges incurred under it, except to the extent otherwise required by applicable law.

3. INSTALLATION AND ACCESS TO PREMISES

3.1 Access

The Customer shall provide NextGen employees and authorized contractors with reasonable access to the service premises where necessary to install, inspect, maintain, repair, replace, upgrade or remove NextGen equipment.

3.2 Permission

The Customer represents that he or she owns the premises or has obtained any permission reasonably required from the owner, landlord or other authorized person for installation of the Service and related equipment.

3.3 Installation

NextGen may determine the reasonable technical method, equipment location, routing and configuration necessary to provide Service.

3.4 Unsafe Conditions

NextGen may refuse, postpone or discontinue installation or technical work where conditions at a property create an unreasonable risk to personnel, equipment or property.

4. NEXTGEN EQUIPMENT

4.1 Ownership

Unless expressly sold to the Customer, radios, antennas, routers, modems, power supplies, mounting hardware and other equipment supplied by NextGen remain the property of NextGen (“NextGen Equipment”).

4.2 Customer’s Responsibility

The Customer shall exercise reasonable care over NextGen Equipment and shall not, without authorization:

sell;
lease;
assign;
relocate;
dismantle;
modify;
tamper with;
encumber; or
intentionally damage

NextGen Equipment.

4.3 Loss or Damage

The Customer may be responsible for the reasonable repair or replacement cost of NextGen Equipment that is lost, stolen, deliberately damaged or damaged through misuse or negligence while under the Customer’s control, ordinary wear and tear excepted.

4.4 Equipment Return

Following termination of a Service, the Customer shall return NextGen Equipment or provide NextGen with reasonable access to retrieve it.

NextGen may charge the reasonable replacement value of equipment that is not returned after reasonable notice.

5. CUSTOMER EQUIPMENT AND WI-FI

5.1 Customer Devices

NextGen is not responsible for the performance, compatibility, security, maintenance or condition of devices or equipment not supplied or managed by NextGen.

5.2 Wi-Fi

Wi-Fi performance inside a premises may vary because of building construction, distance, interference, device capability, placement of equipment and other environmental factors.

A Wi-Fi limitation does not necessarily constitute a failure of the underlying Internet connection.

5.3 Customer Changes

Customers should not alter NextGen network equipment or technical configurations without authorization where doing so could affect the Service or network.

6. SERVICE LOCATION AND AUTHORIZED USE

6.1 Registered Location

Service is provided at the service location registered with NextGen unless otherwise authorized.

6.2 Unauthorized Redistribution

Unless expressly permitted in writing by NextGen, the Customer shall not resell, redistribute, sublicense or commercially provide the Service to another premises, household, person or business.

6.3 Commercial Services

Customers requiring Internet connectivity for resale, public access, large-scale commercial distribution or other specialized uses must obtain an appropriate NextGen commercial or wholesale arrangement where available.

7. BILLING AND PAYMENT

7.1 Payment Obligation

The Customer shall pay all properly invoiced charges by the due date stated on the invoice.

7.2 Payment Terms

Unless otherwise specified in the applicable Service Plan or invoice, payment is due within fifteen (15) days of the invoice date.

7.3 Charges

Charges may include, where applicable:

recurring Service fees;
installation charges;
additional services;
equipment charges;
reconnection charges;
service-call charges where disclosed and applicable;
replacement equipment charges; and
other charges authorized by the Agreement.

7.4 Taxes and Government Charges

The Customer is responsible for applicable taxes, duties, levies and governmental charges associated with the Service.

8. MULTIPLE SERVICES AND ALLOCATION OF PAYMENTS

8.1 Multiple Services

A Customer may maintain multiple Internet services, service locations, subscriptions or other services under the same customer account.

Each Service may have its own balance and payment status.

8.2 Customer Payment Instructions

Where a Customer has multiple Services or outstanding invoices, the Customer should identify the account, Service, service location or invoice to which a payment is intended to apply.

8.3 No Instructions Provided

Where the Customer submits payment without providing clear allocation instructions, NextGen may reasonably apply that payment to any due or outstanding balance associated with the Customer’s account, including the oldest outstanding balance.

NextGen may subsequently correct an allocation where appropriate.

8.4 Effect of Allocation

Payment made to a multi-service account does not necessarily bring every Service on that account current.

A particular Service may therefore remain overdue and may be subject to suspension even where the Customer has recently made a payment to the overall account.

8.5 Customer Responsibility

Customers with multiple Services are strongly encouraged to identify the relevant Service, invoice or account reference whenever making payment.

9. NON-PAYMENT AND SUSPENSION

9.1 Overdue Accounts

If an amount properly due remains unpaid, NextGen may suspend or restrict the affected Service in accordance with the Agreement and applicable law.

9.2 Suspension Is Not Termination

Suspension for non-payment does not itself terminate the account or eliminate amounts properly owing.

9.3 Restoration

NextGen may require payment of overdue amounts and any properly disclosed applicable reconnection or reinstatement charge before restoring Service.

9.4 Reconnection Fee

Where applicable, NextGen’s standard reconnection/reinstatement charge is JMD $2,500, unless a different amount has been disclosed to the Customer or subsequently introduced in accordance with these Terms and applicable law.

9.5 Failed Payments

NextGen may charge a reasonable administrative fee for a cheque or other payment instrument that is dishonoured or reversed, where such charge has been disclosed and is permitted by applicable law.

9.6 No Waiver

NextGen’s decision not to immediately suspend an overdue account does not waive its right to subsequently collect amounts due or take action permitted under the Agreement.

10. BILLING QUESTIONS AND DISPUTES

10.1 Notification

Customers who believe an invoice or payment allocation is incorrect should contact NextGen promptly.

10.2 Investigation

NextGen may request receipts, transaction references or other information reasonably necessary to investigate a disputed payment or charge.

10.3 Undisputed Amounts

A dispute regarding part of an invoice does not relieve the Customer of the obligation to pay amounts that are not reasonably disputed.

10.4 Corrections

Where NextGen determines that a billing error has occurred, the account will be corrected and any appropriate credit or refund will be processed in accordance with applicable law and NextGen’s billing procedures.

11. ACCEPTABLE USE

The Customer shall use the Service only for lawful purposes.

The Customer shall not use or knowingly permit the Service to be used to:

(a) commit or facilitate unlawful activity;

(b) unlawfully access computers, systems, accounts or networks;

(d) interfere with or disrupt NextGen’s network or another network;

(e) engage in unauthorized denial-of-service activity;

(f) unlawfully infringe intellectual property rights;

(g) distribute unlawful communications or content;

(h) send unlawful unsolicited bulk communications;

(i) circumvent security or authentication measures without authorization;

(j) fraudulently impersonate another person or entity;

(k) engage in unauthorized resale or redistribution of the Service; or

(l) otherwise use the Service in a manner prohibited by applicable Jamaican law.

NextGen may take reasonable measures necessary to protect its network, customers and systems from unlawful, abusive or materially harmful activity.

12. NETWORK MANAGEMENT AND SECURITY

12.1 Network Management

NextGen may employ reasonable network-management and security practices to:

maintain network stability;
manage congestion;
prevent abuse;
mitigate cyberattacks;
protect customers;
maintain service quality; and
comply with applicable law or lawful governmental requirements.

12.2 Security Threats

NextGen may temporarily restrict, isolate or suspend a connection that is causing or contributing to a material security threat or network disruption.

12.3 Emergency Measures

Where immediate action is reasonably necessary to protect the network, customers or public safety, NextGen may act without advance notice where permitted by law and provide notice afterwards where appropriate.

13. CUSTOMER CONDUCT TOWARD NEXTGEN PERSONNEL

13.1 Mutual Respect and Safety

NextGen expects its personnel to treat customers professionally and expects customers and persons acting on their behalf to interact with NextGen personnel in a lawful manner.

13.2 Serious Misconduct

NextGen may take reasonable protective measures where a Customer or person acting on the Customer’s behalf engages in:

(a) threats of violence;

(b) actual violence;

(d) persistent harassment of employees or contractors;

(e) discriminatory or unlawful abusive conduct;

(f) fraud or attempted fraud;

(g) deliberate provision of materially false information to NextGen concerning an account or transaction;

(h) impersonation of NextGen or its personnel;

(i) intentional damage to NextGen property;

(j) unauthorized interference with NextGen’s equipment, infrastructure or operations; or

(k) other serious unlawful conduct that creates a material safety, security or operational risk.

Protective measures may include requiring communications to be in writing, limiting contact to designated personnel, restricting access to NextGen premises, or suspending or terminating Service where permitted by these Terms and applicable law.

13.3 Customer Criticism and Complaints

Nothing in these Terms prohibits a Customer from making a complaint, expressing an opinion, posting a review, criticizing NextGen or its Services, communicating with the media, seeking legal advice, or making a complaint or appeal to the Office of Utilities Regulation or another lawful authority.

NextGen reserves its own lawful rights to correct inaccurate information, respond to allegations, preserve evidence, enforce the Agreement and protect its legitimate business interests.

14. SERVICE MAINTENANCE, OUTAGES AND INTERRUPTIONS

14.1 Maintenance

NextGen may temporarily interrupt Service to perform maintenance, repairs, upgrades or emergency work.

Where reasonably practicable, NextGen may provide advance notice of significant planned maintenance.

14.2 Fault Reporting

Customers experiencing a Service fault should report it through NextGen’s designated support channels.

14.3 Troubleshooting

The Customer agrees to reasonably cooperate with diagnostic and troubleshooting procedures.

14.4 Regulatory Standards

NextGen will manage Service faults, complaints and network performance in accordance with applicable Jamaican telecommunications requirements, including applicable quality-of-service standards.

15. FORCE MAJEURE AND JAMAICAN EMERGENCY CONDITIONS

NextGen shall not be liable for delay or inability to perform an obligation to the extent caused by circumstances beyond its reasonable control, including:

hurricane;
tropical storm;
flood;
lightning;
earthquake;
landslide;
fire;
epidemic or public-health emergency;
civil disturbance;
war or terrorism;
governmental action;
national emergency;
widespread power failure;
damage to utility poles or telecommunications infrastructure;
fibre cuts;
upstream carrier failure;
submarine cable failure;
inability to obtain essential materials or access;
acts or omissions of third-party infrastructure providers; or
other comparable events beyond NextGen’s reasonable control.

NextGen shall use reasonable efforts to restore affected Services as circumstances permit.

This section does not excuse payment obligations properly incurred before the relevant event.

16. IP ADDRESSES AND NETWORK RESOURCES

Unless expressly provided otherwise under a Service Plan:

(a) IP addresses assigned in connection with Service remain network resources under NextGen’s control or the control of its upstream provider;

(b) NextGen may change an assigned IP address where reasonably necessary;

(d) assigned addresses may be withdrawn or reassigned following termination.

Customers requiring static or specialized addressing should subscribe to an applicable Service where available.

17. PRIVACY AND CUSTOMER INFORMATION

17.1 Personal Data

NextGen may collect, use, store and otherwise process personal data reasonably necessary to:

establish and administer accounts;
provide and support Services;
process payments;
communicate with customers;
prevent fraud and network abuse;
maintain network security;
comply with legal and regulatory obligations;
resolve complaints and disputes; and
protect NextGen’s legitimate legal and business interests,

in accordance with applicable Jamaican data-protection law.

17.2 Privacy Policy

Additional information regarding NextGen’s processing of personal information may be provided in NextGen’s Privacy Policy.

17.3 Legal Disclosure

NextGen may disclose information where required or permitted by applicable law, lawful court order, regulatory requirement or other lawful authority.

18. ACCOUNT SECURITY

The Customer is responsible for taking reasonable measures to protect passwords, Wi-Fi credentials and other account credentials.

Customers should promptly notify NextGen if they reasonably believe their account or NextGen-supplied credentials have been compromised.

NextGen will never be responsible for a Customer voluntarily providing credentials to an unauthorized third party except to the extent liability cannot lawfully be excluded.

19. MONTH-TO-MONTH SERVICE

Unless a written Service Plan expressly provides otherwise, NextGen Internet Service is provided on a month-to-month basis.

The Service renews from month to month until terminated in accordance with the Agreement.

20. TERMINATION BY CUSTOMER

20.1 Notice

Unless a different arrangement is stated in the applicable Service Plan, a Customer may terminate a month-to-month Service by providing thirty (30) days’ written notice to NextGen.

20.2 Amounts Owing

Termination does not eliminate charges properly incurred before the effective termination date.

20.3 Equipment

NextGen-owned Equipment must be returned or made reasonably available for retrieval.

20.4 Multiple Services

Termination of one Service does not automatically terminate another Service on the same account.

Customers wishing to discontinue multiple Services should identify each Service to be terminated.

21. TERMINATION OR NON-RENEWAL BY NEXTGEN

21.1 Termination for Cause

NextGen may suspend or terminate Service where:

(a) the Customer materially breaches the Agreement and fails to remedy a remediable breach following any notice or cure period required by the Agreement or applicable law;

(b) the Customer engages in fraud or attempted fraud associated with the Service;

(d) the Customer engages in unauthorized resale or redistribution;

(e) the Customer intentionally interferes with or damages NextGen’s network or equipment;

(f) the Customer engages in serious misconduct described in Section 13 that makes continuation of the relationship unsafe or unreasonable;

(g) continued Service would create a material network, cybersecurity, safety or legal risk;

(h) NextGen is required to terminate or restrict Service by law, court order, licence condition or lawful regulatory direction; or

(i) another provision of the Agreement expressly permits termination.

Where circumstances permit and the breach is capable of remedy, NextGen may provide the Customer with a reasonable opportunity to correct the breach before termination.

21.2 Immediate Action

NextGen may suspend or terminate Service without advance notice where immediate action is reasonably necessary because of fraud, serious unlawful conduct, threats to safety, deliberate network interference, a material cybersecurity threat, or where required by law.

21.3 Month-to-Month Non-Renewal

Because standard Services are provided on a month-to-month basis, NextGen may elect not to continue or renew a month-to-month Service for legitimate business, technical, operational, credit-risk, network, safety or other lawful reasons by providing the Customer with at least thirty (30) days’ written notice, unless a different period is required by applicable law.

NextGen is not required to allege misconduct by a Customer when exercising a lawful right not to continue a month-to-month Service.

21.4 Protected Complaints

NextGen will not exercise Section 21.3 solely because a Customer has made a lawful complaint, posted a lawful negative review, criticized NextGen, appealed to the Office of Utilities Regulation, sought legal advice or otherwise exercised a right protected by law.

21.5 Separate Services

Termination or non-renewal of one Service does not automatically terminate another Service associated with the Customer unless:

NextGen’s written notice expressly states otherwise;
the affected Services are technically inseparable;
circumstances giving rise to termination reasonably affect the entire account; or
termination of additional Services is otherwise permitted under the Agreement or applicable law.

22. EFFECT OF TERMINATION

Upon termination:

(a) the Customer’s right to use the terminated Service ends;

(b) amounts properly owing remain payable;

(d) NextGen may recover lawful amounts due;

(e) any refundable prepaid amount shall be handled in accordance with the applicable Service Plan, the Agreement and applicable law; and

(f) provisions that by their nature should survive termination—including payment obligations, equipment obligations, liability provisions and dispute-related provisions—shall continue to apply.

23. RELOCATION OF SERVICE

Service is associated with a specific service location.

A Customer moving premises must contact NextGen to determine whether Service is available at the new location.

Transfer or installation at a new premises may be subject to:

technical feasibility;
network availability;
installation requirements; and
applicable disclosed charges.

NextGen does not guarantee that Service available at one address can be provided at another.

24. CHANGES TO SERVICE PLANS, PRICES OR THESE TERMS

24.1 Changes

NextGen may amend Service Plans, pricing, policies or these Terms from time to time where reasonably necessary for business, technical, regulatory or operational reasons.

24.2 Notice

Where a change materially affects an existing Customer’s rights, obligations or recurring charges, NextGen will provide such advance notice as is required by applicable law, regulation, licence condition or the Agreement.

24.3 Publication

The current version of these Terms will be published on NextGen’s website.

24.4 Existing Customers

Material amendments will become applicable to existing Customers only in accordance with the notice, consent or other requirements imposed by applicable law and the Customer’s existing contractual arrangements.

Nothing in this section is intended to make a contractual change retroactive where doing so would not be legally effective.

25. CUSTOMER COMPLAINTS

25.1 Contact NextGen First

Customers who have a concern regarding billing, Service quality, payment allocation, suspension, technical performance or another account matter should first contact NextGen so that the matter can be investigated.

25.2 Escalation

If the matter is not resolved by the initial representative, the Customer may request that the complaint be escalated to a supervisor or manager.

25.3 Information

NextGen may request information reasonably required to investigate a complaint, including:

Customer name;
account number;
service location;
contact information;
description of the problem;
relevant dates;
payment references; and
supporting documentation.

25.4 Regulatory Rights

Nothing in these Terms prevents a Customer from exercising any right to submit a complaint or appeal to the Office of Utilities Regulation (OUR) or another authority in accordance with applicable Jamaican law and regulatory procedures.

26. NOTICES

26.1 Notices from NextGen

Subject to applicable law and the nature of the notice, NextGen may communicate with the Customer using:

email;
SMS/text message;
electronic account notification;
written letter;
hand delivery; or
another electronic communication method agreed with the Customer.

26.2 Customer Contact Information

The Customer is responsible for keeping contact information current.

26.3 Notices to NextGen

Unless another contact method is specifically designated, written notices may be sent to:

NextGen Solutions Limited
Shop #4 G. Reid’s Plaza
Main Street, Albert Town
Trelawny, Jamaica

Telephone: (876) 783-8941
Email: support@nextgenjamaica.com

27. LIMITATION OF LIABILITY

27.1 Matters Outside NextGen’s Reasonable Control

To the extent permitted by law, NextGen shall not be liable for losses caused solely by circumstances beyond its reasonable control, including failures of customer equipment, third-party networks, websites, content providers, electrical supply or force-majeure events.

27.2 Indirect Loss

To the extent permitted by applicable law, NextGen shall not be liable for indirect, incidental, special or consequential losses arising from residential Internet Service, including loss of business opportunity or profits, except where such liability cannot lawfully be excluded.

27.3 Customer Responsibility for Critical Uses

Unless the Customer has subscribed to a Service expressly designed and contracted for such purpose, standard residential Internet Service should not be relied upon as the sole communications connection for life-safety, medical, security, emergency or other mission-critical systems.

27.4 Rights That Cannot Be Excluded

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by Jamaican law or applicable telecommunications regulation.

28. INDEMNITY FOR UNLAWFUL CUSTOMER ACTIVITY

To the extent permitted by law, the Customer shall be responsible for reasonable losses, liabilities or expenses directly resulting from the Customer’s intentional unlawful use of the Service, fraud, deliberate network interference or material breach of the Agreement.

This provision does not require a Customer to indemnify NextGen for losses caused by NextGen’s own negligence or unlawful conduct.

29. NO CONTROL OVER INTERNET CONTENT

NextGen provides connectivity to the Internet but does not control the content, accuracy, security or availability of independent websites, platforms, applications or online services.

The Customer is responsible for deciding what Internet content and services to access and for implementing appropriate device security and parental controls.

30. CHILDREN AND INTERNET ACCESS

The Internet may contain content inappropriate for minors.

Parents and guardians are responsible for supervising Internet use by minors under their care and for implementing appropriate parental-control tools where desired.

NextGen does not undertake to monitor or control the Internet content accessed by members of a Customer’s household.

31. BUSINESS AND RESIDENTIAL USE

Residential Service Plans are intended primarily for ordinary residential use.

NextGen may offer separate business, enterprise, dedicated, wholesale or specialized Service Plans with different performance characteristics, support arrangements, pricing or contractual terms.

Where a Customer’s usage materially exceeds or differs from the intended use of a residential Service Plan in a manner that adversely affects the network or other customers, NextGen may contact the Customer regarding migration to an appropriate plan or take reasonable network-management measures consistent with applicable law.

32. SERVICE CREDITS AND REFUNDS

Any entitlement to a Service credit or refund will be determined in accordance with:

the applicable Service Plan;
these Terms;
NextGen’s applicable published policies;
applicable quality-of-service rules;
regulatory requirements; and
Jamaican law.

Nothing in these Terms removes a credit, refund or other remedy to which a Customer is legally or regulatorily entitled.

33. RECORDS AND COMMUNICATIONS

NextGen may maintain reasonable records concerning:

applications;
account activity;
invoices;
payments;
support interactions;
technical incidents;
complaints;
equipment;
notices; and
termination,

for legitimate business, regulatory, accounting, security, dispute-resolution and legal purposes, subject to applicable data-protection requirements.

34. ASSIGNMENT

The Customer may not assign or transfer the Agreement to another person without NextGen’s consent.

NextGen may assign or transfer the Agreement as part of a lawful corporate restructuring, sale, merger, financing arrangement or transfer of its relevant business or network, subject to applicable law and regulatory requirements.

35. NO WAIVER

A delay or failure by NextGen to enforce a provision of the Agreement does not constitute a permanent waiver of that provision or prevent NextGen from enforcing it subsequently.

36. SEVERABILITY

If a court, regulator or other competent authority determines that a provision of the Agreement is invalid, unlawful or unenforceable, that provision shall, where legally permissible, be interpreted or limited to the minimum extent necessary.

The remaining provisions shall continue in effect.

37. GOVERNING LAW

The Agreement is governed by the laws of Jamaica.

The parties retain all rights and remedies available under Jamaican law and applicable telecommunications regulation.

Nothing in this section prevents a Customer from using an applicable complaint, appeal or dispute-resolution process available through the Office of Utilities Regulation or another competent authority.

38. REGULATORY COMPLIANCE

NextGen’s provision of Service is subject to applicable Jamaican legislation, regulations, rules, licence conditions, regulatory directions and lawful requirements.

If a provision of the Agreement conflicts with a mandatory legal or regulatory requirement, the mandatory requirement shall prevail to the extent of the conflict.

39. ELECTRONIC TRANSACTIONS AND ACCEPTANCE

Where permitted by applicable law, agreements, notices, acknowledgements, consents and other communications may be completed or delivered electronically.

NextGen may maintain electronic records evidencing a Customer’s acceptance of the Agreement, including date, time, account information and the version of the Terms accepted.

40. ENTIRE AGREEMENT

These Terms, together with the Customer’s applicable Service Plan and documents expressly incorporated into them, constitute the agreement governing the Service.

Representations or statements that materially modify the Agreement must be authorized by NextGen and documented in a legally effective manner.

41. INTERPRETATION

Headings are included for convenience and do not limit the meaning of a provision.

References to “including” mean “including without limitation” unless the context requires otherwise.

References to applicable law include amendments, replacements and legally binding regulations, rules or orders made under that law.

If these Terms conflict with a mandatory requirement of Jamaican law, the mandatory legal requirement prevails.

42. CONTACT INFORMATION

For account, billing, technical-support and contractual enquiries:

NextGen Solutions Limited
Shop #4 G. Reid’s Plaza
Main Street, Albert Town
Trelawny, Jamaica

Telephone: (876) 783-8941
Email: support@nextgenjamaica.com
Website: nextgenjamaica.com

CUSTOMER ACKNOWLEDGEMENT

By entering into a Service Agreement with NextGen Solutions Limited, the Customer acknowledges that the Customer has been provided with or given reasonable access to these Terms and Conditions and has had an opportunity to review them before accepting the Service.