NextGen Solutions Ltd (“NextGen Solutions”) is pleased to offer you the following levels of high-speed Internet connectivity:
- Basic: $2,700 per month and Installation only $22,000 JMD*
Ideal For: Streaming video and music, web browsing and emailing pictures
Estimated Maximum Download Speed: 2 Mbps (Upload speed is controlled by the technology in the radios)
- Premium: $4,150 per month and Installation only $22,000 JMD*
Ideal For: Streaming video, online gaming, web browsing & email
Estimated Maximum Download Speed: 4 Mbps
- Premium: $5,450 per month and Installation only $22,000 JMD*
Ideal For: Streaming video, online gaming, web browsing & email
Estimated Maximum Download Speed: 6 Mbps
- Custom: Call us! We’ll listen to your requirements and create a plan just for you. Installation only $22,000*
Ideal For: Home office, web browsing, emailing, sending larger files
Estimated Maximum Download Speed: 25-50 Mbps
*The Standard installation fee is a one-time charge of $20,000. If additional installation is required, there will be an extra fee which will be quoted after the installation. The installation fee may be paid in installments in 1, 3 or 6 months with your regular monthly subscription charges. As set forth in the Terms and Conditions which are attached and incorporated herein, you may cancel the Services at any time subject to any applicable termination fee. Upon termination, all hardware must be returned to NextGen Solutions.
By accepting the Services described herein, you agree to be bound by the Terms and Conditions, attached hereto and incorporated herein.
THESE TERMS AND CONDITIONS OF SERVICE APPLY TO HIGH SPEED INTERNET ACCESS SERVICES PROVIDED BY NEXTGEN SOLUTIONS LTD(“NextGen Solutions”).
NextGen may revise the Agreement at any time by posting a revised version on NextGen’s website at the following address: https://nextgenja.com/, or by notifying you by email, conventional mail, telephone, or on your NextGen monthly bill. You are responsible for periodic review of the Agreement and must be aware of any such revisions. The modified terms will become effective three (3) days after posting to the website or, if we notify you by email, conventional mail, telephone, or on your monthly bill, effective as stated in such message. By using the Service after any such modification, you agree to the latest version of the Terms and Conditions. However, any changes to the resolution of disputes provisions in Section 12 will not apply to any disputes for which the parties have actual notice on or prior to the date the change takes effect.
If any revision to the Agreement is unacceptable to you, you may terminate your subscription to the Service as provided in Section 14 herein. Further, if you violate any of the terms and conditions contained within the Agreement, NextGen may terminate and/or suspend your access to the Service without notice.
Upon acceptance of your application for service (which application may include a credit check), and receipt of any applicable deposit(s), you will become a subscriber to the Service. By registering as a subscriber to the Service, you will receive an account (“Account”). Your Account is for residential use only. You are solely and legally responsible for all activities conducted through your Account and any sub-accounts or user names under your Account, and agree that you will only use the Service for lawful purposes. You may permit another individual, including a minor, in your household to use your Account subject to your supervision, in which case you will retain all legal responsibility for the Account.
Finally, you agree to provide accurate and complete registration information and to update this information when it changes. Failure to provide such accurate, complete and updated information shall constitute a breach of this Agreement and unauthorized access to the Service, and may result in immediate termination of your Account and subject you to civil and/or criminal liabilities.
- Selection of a User Name
You may not select or use the user name of another person or a name subject to the rights of any person other than you. You also may not use a user name that suggests to other subscribers the availability of Content (as defined in Section 5 below) that NextGen, in its sole discretion, considers to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law or in violation of the Agreement. Furthermore, you agree that you will not attempt to conceal or disguise your user name in any communications.
- Acceptable Use
If NextGen becomes aware, through subscriber complaints or otherwise, of any Content (as defined in Section 5 below) that is available by you, your customers, or generally made available through your Account or in a Public Area (as defined in Section 5.1.1 below), and NextGen, in its sole discretion, considers such Content to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law, or violate the Agreement, NextGen shall have the right, but not the obligation, to immediately remove such Content and/or to terminate your Account without notice. This policy applies to any Content made available by you, your customers, or generally made available through your Account.
As a subscriber, you agree not to use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a NextGen official, forum leader, guide, or host, or falsely state or otherwise misrepresent your person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (g) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; (h) upload, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (j) interfere with, disrupt, or cause a disruption to the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (l) “stalk” or otherwise harass another; NOR (m) collect or store personal data about other users. Any violation of this provision will constitute a breach of the Agreement, and NextGen reserves the right in its sole and absolute discretion to temporarily or permanently suspend or terminate your access to the Service without notice.
4.2. Types of Information Collected
NextGen collects and maintains the following types of information on high-speed Internet access subscribers:
- Personally Identifiable Billing Information. This information includes your name, address, email address and telephone number, as well as financial account information (e.g. credit or debit card numbers, bank account numbers, etc.) which you have actively submitted, which may be required for billing purposes. If we obtained a credit report in connection with the opening of your account, it may also include information included in the credit report. As this information is of a very personal and sensitive nature, it is not used for any other purpose other than billing. This information is not shared or distributed beyond NextGen.
- Other Sources of Personally Identifiable Information. On occasion, NextGen and its partners may run promotions in which we request personally identifiable information. This information may include, but is not limited to: (1) Name (2) Address (3) Telephone number (4) Email address. Providing this information to NextGen is strictly voluntary and necessary to participation in promotions or sweepstakes. If you do not want your personally identifiable information collected, please do not submit it to us.
- Non-Personally Identifiable Information This information is data about usage and Service operation that is not associated with a specific personal identity. Examples of this type of information include the type of Internet browser and the type of computer operating system you are using. We collect and analyze non-personally identifiable information to evaluate subscribers’ use of the Service and to enhance subscribers’ online experience. Most non-personally identifiable data is collected via cookies or other analysis technologies.
4.3. How We Use Personally Identifiable Information
When you do provide us with personally identifiable information, we may use that information in the following ways: a. to contact you; b. to install, configure, operate, provide, support, and maintain the Service; c. to manage the network supporting the Service; d. to confirm you are receiving the level(s) of service requested and are properly billed; e. to make you aware of new products or services that may be of interest to you; f. to understand the use of, and identify improvements to, the Service; g. to detect unauthorized reception, use, or abuse of the Service; h. to determine whether there are violations of any applicable policies and terms of service; i. to obtain a credit report or to contact a creditor; and j. to comply with law.
4.4. Disclosure of Email Content
NextGen will not randomly monitor or disclose the contents of private communication (e.g., email). However, NextGen reserves the right, as permitted by law, to monitor or disclose the contents of private communication if it in good faith believes that such action is necessary under the following conditions: a. to comply with applicable law, regulation or valid legal process (e.g., warrant, court order); b. to protect and defend the rights or property of NextGen; and/or c. in emergencies when personal safety is at issue.
4.5. Email Contact from NextGen
NextGen is an ardent advocate of online privacy. As a result, we do not take SPAM or other Unsolicited Commercial Email (UCE) lightly. With this in mind, NextGen may still occasionally contact its subscribers via email. For this reason, NextGen reserves the right to use its subscriber email database as follows:
- Email Programs. On occasion, NextGen may elect to contact subscribers by email about forthcoming Services offerings or changes to the Service, or solicit subscriber assistance with our ongoing customer care and performance improvement programs. All such contacts will consist of a single, brief email describing the Services offered or subject to change, or the customer care / services improvement initiative. Subscribers will be given options as to how to respond with respect to the content of the email. With each such email, you will be given the opportunity to opt out of future emails of a similar nature.
- Subscriber Surveys. NextGen is committed to providing outstanding customer service. As part of our ongoing performance improvement efforts, we will occasionally ask subscribers to participate in online surveys and other studies designed to improve the performance and usability of our products and Services. Participation in such surveys is always optional.
- Notice of New or Changing Services. NextGen regularly adds new services and new features to its existing Services. NextGen may contact its subscribers via email with information regarding these new Services. NextGen provides its subscribers with the option to subscribe to these new features or Services, which will require some affirmative action on the part of the subscriber if they will increase subscribers’ costs or fees. If the new features or Services will not increase the subscribers’ costs or fees, NextGen may provide subscribers with an opportunity to decline installation of the new features or Services if feasible. In both cases, NextGen will provide instructions in the email as to how to subscribe to or decline the Services, as well as how to opt out of receiving similar notices of new Services and features in the future where such new Services or features are optional.
- Communications Related to Transaction Account, Website, and Maintenance Activities. You may receive email communications from us related to your account, the Services, and website and Services maintenance activities. In the event of system upgrades, NextGen may contact you via email with additional information and instructions relative to the changes. Upon receipt of these notices, you are responsible for any follow-up actions described therein. If the instructions are unclear, please contact the (876) 828-7391 Email System Notifications will only be distributed when absolutely necessary. Subscribers may not opt out of emails concerning System Notifications at this time.
4.6. Parental Consent Required; Use of Service by Persons Younger than 18
Our Services are marketed to be purchased by adults, or with the consent of persons 18 or older. From time to time, parents and guardians may permit their children under 18 to use the Service. However, NextGen does not knowingly allow anyone under 18 to provide any personally identifiable information, and NextGen does not knowingly collect personally identifiable information from, anyone under 18 via the Service. Furthermore, the law would require us to obtain verifiable parental consent before knowingly collecting any personally identifiable information from children under the age of 13. While NextGen does not collect personally identifiable information from children under the age of 13, all children should obtain permission from a parent or guardian before sending personal information over the Internet. Any violation of this provision may constitute a breach of the Agreement and NextGen, it its sole discretion, may suspend or terminate your access to the Service without notice.
5.1. Subscriber Content
You are solely responsible for all information, technology, products, processes, data, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively referred to as “Content”) that you transmit through your Account and/or make available on or through your web site or any of your customer’s web sites.
5.1.1 Submission of Content to Public Areas. “Public Area” means chat areas, public message boards, newsgroups or email functions offered as part of the Service. By submitting or uploading Content to any Public Area, you automatically grant to and/or warrant that the owner of such Content has expressly granted to NextGen a royalty-free, perpetual, irrevocable, nonexclusive, unrestricted right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such Content.
5.1.2 Compliance with Digital Millennium Copyright Act
You agree to fully comply with copyright law and all provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) and to fully cooperate with NextGen in its efforts to comply with the DMCA. NextGen may investigate any reported violation of its policies or complaints of infringement relating to your use of the Service and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, and suspension or termination of your Account and access to the Service. In the event that you believe that any third party has infringed on any copyrighted material of yours, you shall provide NextGen with notice in compliance with the provisions of the DMCA. Furthermore, you agree that NextGen shall have no liability until such time as such notice has been actually received. If NextGen receives a valid notice that your use constitutes alleged infringement, NextGen will take action consistent with the requirements of the DCMA, including but not limited to terminating your Account and access to the Service.
5.2. Service Content
5.2.1 Accessing Content. You acknowledge that: 1. The Service permits access to Content that is or may be protected by copyrights, trademarks, patents or other proprietary rights (including intellectual property) (“Rights”) owned by NextGen and other third parties; 2. These Rights are valid and protected in all media existing now or later developed; and 3. Except as is explicitly provided otherwise, applicable copyright and other intellectual property laws shall govern your use of Content; provided, however, that such use does not grant you a license under any of the Rights in the Content described herein. All such Rights are retained by NextGen and its affiliates and/or any third party owner of such Rights. Further, you agree that you may upload software files, message boards or otherwise transmit only Content that is not encrypted; Content that is not subject to any Rights; and/or Content for which any holder of Rights has given express authorization for its distribution.
5.2.2 Intellectual Property Rights in Content. You understand that rights in any Content, including any compilations on the Service, that is copyrighted by a third party, is claimed and reserved by NextGen and may not be copied, used, uploaded, posted, transmitted, distributed or reproduced in any way without the express written consent of NextGen.
5.2.3 Use of Trademarks or Service Marks. The NextGen name and logos and all related product and service names, design marks and slogans (the “Marks”) are the trademarks or service marks of NextGen and its affiliate companies (collectively “NextGen”). You are not authorized to use any of the Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of NextGen.
- Customer System Requirements; Required Hardware; Required Software
6.1. Customer System Requirements. In order to receive the Service, your computer must meet minimum system requirements and your network must include the hardware (i.e., antenna, an ADSL gateway/modem, DOCSIS/cable gateway/modem, or fiber/GPON gateway/modem, as applicable) and software provided by NextGen. NextGen reserves the right to determine which hardware and software is deemed optimal for delivering the Service, and to require that you use it, by performing certain software and hardware upgrades, including but not limited to: (i) distributing new equipment to be used in connection with the Service; and/or (ii) upgrading modem software and/or settings. Periodically, we will upgrade our network infrastructure. As this occurs, NextGen reserves the right to establish new requirements by: (i) remotely upgrading or resetting modem equipment; and/or (ii) requiring Subscribers to install new equipment and software.
6.2. Hardware Agreement
6.2.1 Equipment. In order to receive the Service, you may need to install certain equipment in your computer system, network, and/or home. You agree that all of the equipment listed below (“Equipment”) has been provided to you, as applicable and/or required, and belongs to NextGen: (1) antenna, WLAN router, Ethernet cable, POE injector or fiber/GPON modem (2) installation CD-ROM (3). NextGen reserves the right to charge subscribers for use of the Equipment. NextGen grants you a non-exclusive, non-transferable, limited license to use the Equipment to access NextGen’s network only for use in connecting from authorized locations in accordance with this Agreement. Loss, theft, or physical damage to the Equipment is your responsibility.
6.2.2 Installation. You may either self-install the Equipment by following the “Installation and Reference Guide” or have NextGen perform the installation. If NextGen performs the installation a premises visit charge may be assessed and billed to you on your NextGen monthly bill. In any event, NextGen assumes no responsibility or liability for damages to your computer system, network, or home as a result of your attempts to install the Equipment or any installation performed by NextGen.
6.2.3 Termination and Cancellation Policy
- Equipment Termination Charge: When terminating service, including porting out to another provider, you must return the antenna, router, wifi box, modem and power cord to NextGen or you will be charged One Hundred and Fifty Dollars (USD$150.00); One Hundred Dollars ($100 USD) for the antenna, Thirty Dollars ($30 USD) for WiFi box and Twenty Dollars ($20 USD) for the modem and power cord (the “Equipment Termination Charge”). The Equipment Termination Charge will appear on your monthly NextGen bill unless you return these items, undamaged, on or before the 5th calendar day from the day on which you or we terminate your Service (the “service termination date”). If you return the undamaged items after more than 5 calendar days but within 30 calendar days from your service termination date, you will see the Equipment Termination Charge and an equivalent credit on your monthly bill. You will not receive any credit for returning these items unless they are received by NextGen within 30 calendar days of your service termination date.
- Cancellation Billing Policy: The monthly charge for Internet service will not be prorated for the final partial month of service. The full monthly service fees will apply, even if your service is active for only a partial month.
6.2.4 Prohibition on Customer Access to Equipment, Software and/or Facilities. You agree that you will not access or attempt to access any equipment, software (including reverse engineering, decompiling or disassembling the software or attempting in any manner to recreate the source code or object codes) or facilities (including remote computing systems) furnished in connection with this Agreement. Any attempt by you to access and/or subvert any network security measures of NextGen or any other network shall entitle NextGen to immediately terminate your access to the Service without notice.
6.2.5 Limitation of Liability and Disclaimer of Warranties for Equipment. The following is capitalized to emphasize its importance. IN NO EVENT WHATSOEVER WILL NEXTGEN BE LIABLE FOR ANY DAMAGES TO THE EQUIPMENT, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, USE OR DATA, EVEN IF NEXTGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, “NEXTGEN” IS DEEMED TO INCLUDE NEXTGEN TELEPHONE COMPANY LTD, ITS PARENT COMPANY AND THE RESPECTIVE SUBSIDIARIES AND AFFILIATES OF EACH, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM. THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY THAT THE EQUIPMENT IS REASONABLY FIT FOR THE PURPOSE FOR WHICH IT IS TO BE USED AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. By using the Service you are agreeing to these terms. This limitation of liability and these disclaimers of warranties allocate the risks of the Agreement between us and you. This allocation is reflected in the pricing of the Services and is an essential element of the basis of the bargain between us.
NextGen does not advise or assist with networks or equipment related to networks not supplied or installed by NextGen. Customer inquiries regarding networking should be directed to third party computer technicians and network equipment manufacturers.
- Service Speed.
NextGen Services come in a variety of speeds. The availability of some service speeds may depend on the location of facilities in your neighborhood and on your street. Not all service speeds are available in all areas. NextGen does not guarantee that the Service, Equipment, or other equipment authorized by NextGen for use in connection with the Service will perform at a particular speed, bandwidth, or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like. The speed measurement advertised by NextGen refers to the Internet access speed provisioned to a subscriber on a per-line and not a per-device basis. The actual speed realized by the subscriber may vary based on a variety of factors including, but not limited to: the capabilities or limitations of the customer’s computer, network, or other device; the number of computers or other devices in use in the customer’s home network; concurrent use of Internet access and a TV video on demand service, which consumes Internet access bandwidth; the means of connecting to the NextGen network (e.g., the condition of the home’s inside wiring or the type and condition of WiFi router); the distance of the home from the NextGen broadband network aggregation point or the type of NextGen network facilities present in a given location; network congestion; and the performance of the content and application providers the consumer is accessing, as well as the performance of their respective host network(s).
- Subscriber Electronic Mail Account Policy
9.1. Amount and Duration of Customer Email Storage. NextGen reserves the right to limit in its sole and absolute discretion the space allocated for storage of your electronic mail and the duration of time for which it will be preserved, and reserves the right to refuse to accept delivery of any email messages and permanently delete from our mail servers any customer data that causes a customer to exceed these limitations, as amended from time to time. As of the effective date of these terms, NextGen does not limit the quantity or duration of the email storage space it provides its customers.
9.2. Account Inactivity. If you do not log in to your email account via WebMail or POP3 Access for more than 90 days your account may be categorized as inactive. With respect to inactive accounts, NextGen reserves the right to delete subscriber electronic mail, to include opened and unopened mail, and to return incoming mail as “undeliverable”. Inactive accounts may be reactivated. However, deleted mail is not recoverable.
9.3. Unsolicited Commercial Email. As a subscriber to the Service, you agree that you will not send Unsolicited Bulk Email (UCE) or “SPAM”, or Commercial advertisements in USENET Newsgroups not intended for that purpose without the prior written consent of NextGen. You understand that NextGen may, in its sole discretion, immediately terminate your Account and access to the Service without notice if you send UCE, SPAM, or commercial advertisements in the USENET News groups. This “Electronic Mail Policy” incorporates the entirety of this Agreement, but please see the “Acceptable Use Policy” at paragraph 3 above, for more detail.
- Disclaimer of Warranties; Limitation of Liability.
The following is capitalized to emphasize its importance. YOU EXPRESSLY AGREE BY YOUR USE OF THE SERVICE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND RELATED SERVICES AVAILABLE ON OR LINKED TO THE NEXTGEN WEB SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEXTGEN DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY NEXTGEN FOR USE IN CONNECTION WITH THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERRORFREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. NEXTGEN SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY NEXTGEN FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. NextGen is not responsible and shall not be liable for the listings or the advertisements contained on the Web Site, and NextGen does not:
- Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Web site;
- Make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the Web Site;
- Check for licenses with respect to licensed professions or trades prior to publishing advertisements and does not assume the responsibility for monitoring the use of trademarks, certifications, or other rights of third parties; NOR
- Warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected.
The Service and any Equipment or software made available are provided on an “as is” basis. IN NO EVENT SHALL NEXTGEN NOR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR: (I) BUSINESS INTERRUPTION, OR LOSS OF PROFITS, REVENUE, USE OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SERVICE, WEB SITE, OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE WEB SITE, EVEN IF NEXTGEN OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE SERVICE. For purposes of this section, “NextGen” is deemed to include: NextGen; its subsidiaries and affiliates; and its directors, officers, employees, agents, representatives, subcontractors, and suppliers. By using the Service you are agreeing to these terms. This limitation of liability and these disclaimers of warranties allocate the risks of the Agreement between us and you. NextGen relies on this allocation, which is reflected in the pricing of the Services, and is an essential element of the basis of the bargain between us.
You agree to defend, indemnify, and hold harmless NextGen, its affiliated companies and their respective directors, officers, employees and agents from all liabilities, actions, suits, proceedings, claims, damages and expenses, including without limitation, reasonable attorney’s fees, arising from or relating to your use of the Service, the Web Site and your Account. NextGen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
- Resolution of Disputes.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
12.2. Arbitration Procedures. You must first present any claim or dispute to us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party’s election, the arbitration shall be held telephonically. As set forth below, you and we both agree that any arbitration will be solely between you and NextGen, not as part of a consolidated, class-wide, or representative claim (that is, not brought on behalf of or together with another individual’s claim). An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide, or representative basis. Except as set forth in Section 12.4, below, if any portion of this arbitration clause is determined to be inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder shall still be given full force and effect. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Both you and we agree that all issues relating to the validity of this agreement to arbitrate will be decided by a court (including but not limited to the substantive scope of our agreement to arbitrate or whether consolidated, class-wide, or representative arbitration is allowed), and do not intend to confer any such powers on an arbitrator.
12.3. Costs of Arbitration. For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
12.4. Waiver of Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis only and not on a consolidated, class-wide, or representative basis or the like. If for any reason any court, arbitrator, or state or federal agency with proper jurisdiction holds that this restriction is unconscionable or otherwise unenforceable, then we both agree: (i) that this agreement to arbitrate will be invalidated and terminated and the dispute must be brought in court; and (ii) you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity. In the event that this arbitration agreement is invalidated and terminated in accordance with this Section 12.4, both you and we agree to submit to the jurisdiction of the Ministry of Justice.
12.5. Limitations Period. Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you.
13.1. Monthly Billing; “Past Due Balance” You agree to timely pay all monthly bills. Any amount outstanding after the due date on the Customer bill shall be deemed a “past due balance”.
13.2. Process for Billing Disagreements. In the event of a disagreement about a Customer bill, please contact NextGen at (876) 828-7391. Customer satisfaction is of the utmost importance to NextGen, and it is our policy to fully investigate and resolve, to our satisfaction, all customer billing disagreements lodged within 60 days of the original due date. Unless an investigation has been initiated through a customer inquiry, NextGen reserves the right not to issue refunds or credits after the expiration of this sixty-day period, except where required by law or regulation.
13.3. There are no late payment fees at this time.
13.4 Customers may only receive a rebate or discount to their account if the service has stopped working for over 10 consecutive days.
13.5 NextGen guarantees 65% network uptime for the calendar month. We do however average 90% or more on most months.
- Right of Access.
By using the Service, you grant permission for NextGen and its agents and employees to enter upon the property of the Subscriber for the purpose of installation, inspection, maintenance, testing, and repair of the Service to the Subscriber’s premises and, upon service being cancelled for any reason, the Subscriber grants permission for NextGen, during reasonable hours, to enter upon the premises and remove all equipment and material belonging to NextGen and to discontinue service thereto.
Either you or NextGen may terminate your Account at any time and for any reason whatsoever. Other than disputing your bill in accordance with section 13.2, your only right with respect to any dissatisfaction with the Service is to terminate your Account by delivering notice to NextGen. Any such notice of termination will be effective upon its actual receipt by NextGen. If this limitation is ruled inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder of the Agreement shall still be given full force and effect.
No waiver by either party of any breach by the other party of any of its covenants, obligations, or agreements under this Agreement and no waiver by either party of any term or condition of this Agreement shall be a waiver of any subsequent breach or failure or of any other covenant, obligation, agreement, term or condition, nor shall any forbearance to seek a remedy for any breach or failure be a waiver of any rights and remedies with respect to such or any subsequent breach or failure.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- Governing Law.
The Service is operated from a site in Manchester, Jamaica. This Agreement shall be governed by and construed in accordance with the laws of Jamaica, without giving effect to any principles or conflicts of law.