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Standard Terms and Conditions

Standard Terms & Conditions

1. Our Agreement with You

Set out below is SamoaTel Limited’s standard terms for residential customers and for business customers who have not signed a separate agreement with SamoaTel.
If you use any of our services after 1 January 2008, then these terms apply to your use of the services.

2. Definitions

In these terms, “we” and “our” means SamoaTel Limited, “you” means our customer and “services” means all the services that we provide to you.

3. Our Commitment to You

We will always do our best to make sure that you receive reliable and high-quality services. We cannot guarantee that our services will always operate free of faults. However, if you do encounter a problem please contact Faults Reporting and we will work to restore the service as soon as possible. If we cannot fix the problem then you may cancel this agreement by telling us.

4. Your Commitment to Us

In return for providing the services to you, you agree to:

 • Pay for all services that we provide to you and charge to your account (even if  
   somebody else uses those services) by the due date shown on your bill;
 • Use the services only for the purpose for which they are provided;
 • Not use the services in any way that is unlawful or could interfere with our  
   network, any other operator’s network or with another customer’s enjoyment of  
   our services; and
 • Make sure that anyone else who uses the services that we provide to you also      abides by the terms of this agreement.

5. Our Charges

You can obtain our current calling and service charges by calling Service Enquiries or by visiting our web site at www.samoatel.ws.

We may modify the charges at any time (including the introduction of tariffs for aspects of the service previously provided for free) and such modification becomes effective immediately upon our notifying you. We may notify you by nation-wide advertising campaigns, messages on our system when you call to register a voucher, issuing messages to you by means of the service, advertising on our website or by any other means that we consider appropriate. By continuing to use the service following any such modification you will be deemed to accept such modification. If we vary any of the charges or change the contract to your disadvantage, you may stop using the service.

Line Rental Charges

You will be charged a monthly rental fee for the use of your telephone line and this charge shall continue to be payable by you, even when you have been disconnected, up until when the service has been terminated.

6. Paying Your Bill

We will issue a bill to you at regular intervals. Please contact Account Enquiries if you have any questions about your bill. If we agree that we have made a mistake then we will correct the bill immediately. If we find that there is no mistake and the due date for payment has already passed, you agree to pay your bill straight away. If you have not contacted us before the due date shown on your bill then you agree to pay the full amount by that date.

If you do not pay your bill on time and we have to spend money on collecting overdue amounts from you then you will reimburse us for those costs. We may charge you interest at 1.5% per month if you do not pay your bill by the due date.

Part payment of your bill will not amount to a full and final settlement unless we have agreed to this in writing.

7. Credit Arrangements

We may use information that you give us in order to check your creditworthiness at any time.

You may have to pay us a deposit before you can use, or continue to use, our services.
We may apply the deposit towards any amount owing to us. Otherwise, we will refund the deposit when this agreement ends.

We may set a credit limit on your account with us at any time and require you to stay within that limit.

8. Changing Addresses

If you move house then you will need to stop the services that we are providing to you at your old address. It is important that you contact us before you move house — otherwise you will be responsible for paying for the services that we provide to your old address.

9. Ending Your Agreement with Us

You may ask us to stop a particular service or cancel this whole agreement at any time and for any reason by giving us 5 working days notice. You can do this by contacting Service Enquiries.

We may stop or suspend a particular service or cancel this whole agreement at any time and without telling you if:
• you do not pay for any of our services by the due date shown on your bill;
•  you give us incorrect information;
• you have not given us a deposit we have asked for; or
• you have not kept to these terms and conditions.

We may stop or suspend a particular service or cancel this whole agreement at any time and for any other reason so long as we have tried to tell you in advance.

If either of us cancels this agreement for any reason, you still have to pay for all services that we provide to you and charge to your account up until the effective date of cancellation.

If any part of your bill remains outstanding after 30 days from date of cancellation we will issue a demand letter requiring payment in full of your outstanding account. Failure to pay after a demand letter is delivered to you will result in our issuing legal proceedings against you for what you owe us.

You agree that clauses 13 (Our liability to you) and 14 (Liability of third parties to you) will survive cancellation of this agreement.

10. Using Information about You

You agree that we can use any information we have about you and can pass it on to others for a range of lawful purposes including:
• providing you with services;
• sending you bills;
• checking your creditworthiness;
• looking at ways in which we can improve our services; and
• keeping you informed about our services and those of our business partners.

11. Your Account

If you have a password or a security code to use in connection with the services or to access your account information, then you will be solely responsible for maintaining security around that password or security code.

You may nominate someone (who must be over 18 years old) to have access to your account information and to make changes to your account, such as canceling or adding services. If you do this, you will still be responsible for paying for all the services that we provide to you and that are charged to your account.

12. Caring For Your Equipment

We will remain the owner of any equipment that we locate at your home to enable you to use the services, such as cabling, decoder and cable modem. We will remain the owner of this equipment at all times, even after cancellation of this agreement.

We cannot guarantee that our equipment will never break down, but if you do encounter a problem then please contact Faults Reporting and we will repair or replace any defective item as soon as possible.

In return for allowing you to use our equipment, you agree to:
• follow our reasonable instructions about use of the equipment;
• not tamper or interfere with our equipment; and
• take responsibility for repairing or replacing any item of equipment that is lost, stolen or damaged while under your control.

13. Our Liability to You

We will not be liable to you or to anyone claiming through you (whether in contract, tort, equity or otherwise) for any special, indirect or consequential loss whatsoever, including loss of profits or revenues, loss of data, lost business or missed opportunities, wasted expenditure or savings you might have had, arising as a result of anything we have done or not done or any other matter which relates to this Agreement or your use of the Services.

The following people will not have any liability to you:
• our employees, contractors and agents;
• and other network operators who use our network and allow us to use their networks and their employees, contractors and agents.
• If you cannot rely on the exclusions of liability set out above, or in the event we cause direct damage to your property due to our negligence, then our maximum liability to you will be ST$200 for any event or series of related events and ST$500 for all events occurring in any 12-month period. To the full extent permitted by law we will have no other liability to you or any other person in respect of this Agreement.

14. Sending Bills and Notices to You

We will send your bills and any other notices to the latest postal address that you have given us, or if you have not given us a postal address, you must pick up your bill from our Customer Service Centre at Beach Road, Matafele, Apia. We do not have to tell you that your bill is ready to be picked up. It is important you tell us straight away about any change to your postal address. You can do this by contacting Service Enquiries.

15. Telephone Numbers

All telephone numbers that we allocate to you remain our property. This means that we may change any number allocated to you, so long as we have warned you in advance. We are not responsible for any costs incurred by you as a result of a change in your telephone number.

16. Changing the Terms

We may change these terms. We will give you at least 14 days’ warning of any change, either in writing or by notices in major newspapers. You can always contact Service Enquiries to request a copy of the current terms of your agreement with us or view a copy of those terms at www.samoatel.ws.

17. Transferring this Agreement

We can transfer some or all of our rights and obligations under this agreement. You agree not to transfer any of your rights and responsibilities under this agreement to anyone else.

18. How to Contact Us

We are available between 8.00am and 4.30pm every Monday to Friday, and 8.00am to midday every Saturday, except for Sundays and Public Holidays. If you would like to contact us, please:

Phone us on:
• 120 – Faults Reporting;
• 122 – Account Enquiries;
• 123 – Service Enquiries;
•  Or email us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

 
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