Terms and Conditions

Definitions

In this Agreement, the following terms shall have the meanings indicated:

"Agreement"	means this Agreement including the Service Order Form completed by the Customer and such amendments as may from time to time be made in accordance with these terms
"Charges"	means the charges, fees and other amounts payable by Customer to Logic as set forth in this Agreement.
"Commencement Date"	means the date the Service is available for use by the Customer.
"Customer"	means the individual agreeing to accept Service from Logic and the term shall include "you" and "your".
"Equipment"	means any equipment supplied by Logic for the Service.
"Logic"	means "Logic Communications Ltd." with its registered office located at 30 Victoria Street, Hamilton HM 12, Bermuda.
"Order Form"	means the order form completed by the Customer specifying the Service requested.
"Service"	means such services including long distance, internet service or any other service the Customer specifies in the service order form(s) provided through Logic's network system and any other services provided by Logic.
"Term"	means from the time that the Customer completes a Service Order Form of from the Commencement Date or from the date that the Customer uses a Service and continues in full force and effect unless terminated in accordance with this Agreement.

The Service; Acceptance by Customer, Credit check.
1. Logic agrees to provide to the Customer, as commercially reasonable as possible the Service subject to the terms and conditions set forth in this Agreement, which shall take effect from the date that Logic accepts the Customer's completed Service Order Form or provides Service. Logic, however, reserves the right to require credit references and/or security deposit prior to activation of the Service, if in Logic's sole discretion, it is deemed appropriate.
2. Logic shall only be liable for Service on its network. Logic shall not be liable for services not supplied by its network.
3. In consideration of Logic's agreement to supply the Service during the Term, the Customer agrees to pay Logic the Charges.
Installation of Telecommunications Equipment.
1. If you, at your own expense, arrange for the selection, installation, operation, and maintenance of any telecommunications equipment or link between your site and Logic's telecommunications network, Logic shall accept no responsibility for the through transmission of signals, or for the quality of or defects in signals sent or received by such equipment or link. Logic shall not be responsible for testing, certifying or inspecting your or any third party's equipment and shall not be responsible if such equipment becomes obsolete or requires modification due to changes in Logic's equipment, network or operations. Inasmuch as such equipment or link will be provided by a third party telecommunications service provider, you acknowledge and agree that Logic shall have no liability whatsoever to the Customer for any loss, cost or damage (including, without limitation, any special, direct, indirect or consequential damages) related in any way to a failure of deficiency in the installation or use of such telecommunications equipment or link.
2. If Logic provides, either by itself or through a contractor, Equipment required for the Services, it shall remain responsible for the Equipment and maintenance of the Equipment.
3. If you request Logic to install a Service, you hereby authorize Logic or its authorized contractors to use any existing equipment in any manner necessary to install the relevant Service in a location or locations requested by you at your expense. You hereby grant Logic the right to enter upon and over the premises at reasonable times at the address indicated on the Order Form at any time during this Agreement to install, connect, disconnect, inspect or alter the Service facilities or Equipment. If you are not the owner of such premises, you agree to defend, indemnify and hold Logic harmless from any and all claims of the owner or any third party arising out of Logic's performance of this Agreement.
4. You agree to provide us prompt and ready access to, and reasonable assistance with, the removal of Logic's equipment after termination of this Agreement and the return of, destruction of, or permanent deletion from the Equipment of any of Logic's proprietary, trade secret or confidential information including software installed on the Equipment.
Term of this Agreement

Upon expiration of the initial term as specified in the Service Order Form, or after one (1) year from the Commencement Date of Service, this Agreement shall automatically renew on a month-to-month basis, unless terminated in accordance with this Agreement.
Fees and Charges; Changes; Late payment fees
1. You agree to pay, by the due date stated on the invoice ("Due Date"), the following: (i) one time set-up fee in accordance with the Service selected at sign-up (if any); (ii) a monthly fee in accordance with Logic's published rates for the Service selected at sign up and connect time over and above any minimum hours included in the Service, and/or the monthly invoiced amount payable for the Service. (iii) payment for Service on a time and materials basis if a fault in the Equipment is due to: any cause other than fair wear and tear, including: misuse; negligence or other failure to perform routine maintenance per the manufacturer's customer operating manual; incorrect environmental conditions (including incorrect temperature or humidity) or any non-compliance which may consist of failure, fluctuation or surges of electric power supply to the Equipment; electromagnetic interference with the Equipment; lightening, fire, flood, act of God or other casualty; or accidental or deliberate damage to the Equipment. (iv) payment on a time and materials basis for faults resulting from any attempt by any person other than Logic to remove, connect, modify, adjust, repair or maintain the Equipment (other than to make configuration changes in accordance with the manufacturer's customer operating manual, which you have notified to Logic); or (v) payment on a time and materials basis for faults resulting from connection by you of the Equipment to any apparatus not approved by the Equipment manufacturer or Logic in writing for use with the Equipment. (vi) Logic's minimum call out charge where Logic is called out and no fault is found on the Equipment.
2. Charges for the long distance service shall begin when calls are answered, that is, when a connection is made between your telephone and some other device (including, without limitation, a person, an answering machine, wrong number, a voicemail box, or fax machine). Charges cease upon disconnection of the calls. Minimum connection time is one (1) minute.
3. Upon set up of your account, you will be asked to provide us with your valid credit/debit card ("Card") number in order to activate the Service. You hereby authorize us to charge and place a hold on your Card with respect to any unpaid charges for Service or any related equipment (if applicable). You authorize the issuer of the Card to pay any and all amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your Card, until such amounts are paid in full. You agree to provide us with updated Card information upon our request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Logic nor any of its affiliated companies will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on your Card.
4. Billing for the Service shall commence upon the Commencement Date. All payments for Charges should be in cleared funds and received by the Due Date. You shall be responsible for all Charges incurred on and billed to your account with Logic, whether with or without your knowledge and consent, therefore you are advised to take all such steps necessary to safeguard access to the Service to prevent unauthorized or fraudulent use.
5. All bills shall be sent to you at the address designated by you. It is your responsibility to keep Logic up to date with your most current contact information. This is to ensure the correct presentation of monthly bills and continuation of Service. Failure of the Customer to receive bills does not constitute a valid reason for non-payment of Charges.
6. When payment is made by your Card, payment will also be subject to the terms and conditions established by your Card issuer. Invoices not paid by the Due Date shall be subject to a late payment charge of $5 or 1.5% of the outstanding monthly balance, whichever is greater. Further, you will be charged accordingly, if payment to Logic by a Card or by any other non-cash method is rejected for any reason. Customers are advised that payments made at an ATM or online, following receipt by Logic or at any drop box location, will take at least two (2) clear business days to register on the Customer's account. A business day for these purposes is defined as Monday to Friday between 9.00am and 5.00pm. To avoid late fees or a possible interruption of service, Customers should ensure that they pay their bills in accordance with the rules and regulations of their bank if paying their bills online or using an ATM, and in accordance with this Agreement for all payments. Customers will receive their monthly invoice at the address as notified to Logic by the Customer.
7. If payment by a Card or other non-cash method is rejected for any reason, Logic also reserves the right to continue to provisioning of the Service on a prepaid basis only or to impose a credit limit on your account with respect to usage Charges (billed and unbilled) as is reasonable in the circumstances. Logic may suspend the Service if you exceed such credit limit, until Logic has received in full payment of the outstanding Charges.
8. Should you dispute any amount set forth in the invoice, you shall be required to send written notice to Logic within forty five (45) days of the date of the invoice; otherwise, the invoice will be deemed accepted by you as correct, Logic will investigate the matter and notify you of its findings, which shall be conclusive. Should you wish to dispute the invoice after 45 days, Logic may charge a reasonable fee for carrying out such an investigation. If, following such an investigation, Logic finds that your account was in fact incorrect, that fee will be returned to you. Customers accept all charges not properly disputed within the stated time frame and are expected to pay all undisputed charges in accordance with this Agreement. Customers will also be responsible for all debt collection, legal and other charges incurred by Logic in attempting to recover all overdue amounts.
9. In the event that your account is sixty (60) days or more overdue, Logic reserves the right to deactivate the account.
10. Logic reserves the right to revise its published rates of Charges applicable to the Service from time to time. Notice of any change may be sent by email, fax or mail and shall be deemed sufficient if printed on or separately included with your monthly invoice. Your continued use of the Service shall constitute your acceptance of any such changes.
Local Call Charges

You are responsible for any local call Charges applicable to the Service between your site and the Logic service network.
Ownership of Equipment and IP addressing
1. You agree that any Equipment installed or provided at your premises, unless otherwise stated, shall remain the property of Logic and must be returned to Logic in good condition at the time of termination of this Agreement. You agree to promptly pay Logic replacement cost of any lost, stolen, unreturned or damaged Equipment.
2. You acknowledge that you have no proprietary rights in the internet protocol ("IP") addresses assigned to you by Logic and that Logic may be required to change, vary or withdraw IP addresses for any reason.
Logic’s warranties
1. Logic warrants that it will provide the Service and Equipment with the reasonable skill and care of a competent telecommunications service provider.
2. Logic hereby disclaims any express or implied warranty that any Service (including replacement parts) will prevent:
  1. failures, malfunctions or deterioration of the Equipment;
  2. fraudulent intrusions into and/or unauthorised use of the Equipment (including its connection to any public telecommunication networks);
  3. unlawful and/or unauthorised use that may result in invasion of a person's right to privacy; or
  4. improper, unlawful and/or unauthorised use that may result in the loss of or theft of electronic data.
3. Logic hereby puts you on notice that the occurrences as stated n paragraph (b) above are possible.
4. If the Service or Equipment does not conform with the warranty in this Section, Logic shall, at its expense, use all commercially reasonable efforts to correct any such non-conformance or non-availability promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for breach of warranty in Section 8(a).
Customer Warranties and Representations

You hereby represent and warrant to Logic as follows:
1. that the Service will only be used for lawful purposes and the transmission of any material or information arising from the use of the Service will not violate any applicable law or regulation of Bermuda or any other jurisdiction.
2. that the Service will not be used in any manner to access Logic's computer installations for any purpose other than obtaining the Service in accordance with the terms and conditions of this Agreement.
3. that the Service shall be used for internal business purposes or home usage only and shall take precautions to ensure that the Services are not be made available in any way whatsoever to, or for the benefit of, any unauthorized person or third party.
4. that you are at least eighteen (18) years of age.
Termination; Suspension of Service

Either party may terminate this Agreement, after the initial term (if applicable), upon thirty (30) days written notice to the other party unless terminated as provided for herein.
1. Logic may, at its absolute discretion and without notice effectively immediately suspend or terminate the Service:-
2. If you order Service subject to a term commitment period and if Service is terminated by you prior to the end of that term commitment period, you shall pay an early termination charge equal to fifty percent (50%) of the total monthly charges for the Service, multiplied by the number of months remaining in the term commitment period; provided, however, that no charges, other than those due up to the time Service is terminated, will apply if, (i) You terminate Service due to Logic being in default hereunder, or (ii) Logic terminates the Service due to any reason other than the Customer being in default hereunder.
3. All outstanding Charges shall become immediately due and payable upon suspension or termination of the Service.
4. Should the Service be suspended or terminated for any reason and should Logic subsequently agree, in its sole discretion, to reinstate the Service, you shall be required to pay the reconnection fee (if any), in addition to any other amounts due and owing at the time of reinstatement of the Service. Logic may choose not to restore the Service unless satisfied that there will be no repetition of the circumstances giving rise to the suspension of Service.
5. Either party may terminate this Agreement immediately by giving notice in writing to the other party if Logic ceases to provide the Service.
6. Neither expiration nor termination of this Agreement shall affect any obligations or rights of the parties accrued up to the date of such expiration or termination.
7. Upon expiry or termination of this Agreement, the parties shall provide each other with all such assistance as may be reasonably necessary in order to terminate their relationship in a manner which causes the least inconvenience to each other.
8. In the event you chose to terminate your account and are on a month to month term basis, for any reason, you must do so in writing to services@logic.bm no less than 5 days in advance of the start of your next monthly service period in order to avoid paying for the next month fee.
Equipment and Access
1. Customer must provide Logic and its representatives, who produce a valid identity card, with access to the equipment and sufficient, free and safe use of facilities of the Customers' premises to enable Logic or its representatives to perform its obligations under this Agreement.
2. Logic will ensure its representatives observe, while at the Customers' premises, Customer's reasonable security and safety procedures, as Customer notifies Logic from time to time. In the event of any conflict, this Agreement will prevail over such Customer procedures.
3. Risk of loss or damage to the Equipment, however caused, shall pass to the Customer upon delivery of the Equipment and shall remain with the Customer until the Equipment is returned to Logic in good working order upon termination or expiration of this Agreement.
4. If the Equipment is lost or damaged, the Customer will be held responsible for repairs and/or replacement of the Equipment.
Service Upgrading

In order to provide future improvements and/or upgrade the Service, Logic reserves the right to effect changes to the rule of operation, accessibility and security procedures, and the provision, type and location of the Service, Logic resources, administration, features and network functionality.
Disclaimer of Warranties and Limitation of Liability
1. LOGIC PROVIDES NO WARRANTY EXPRESS OR IMPLIED AS TO THE SERVICE, THE LOGIC TELECOMMUNICATIONS NETWORK, ANY RELATED SOFTWARE, HARDWARE OR EQUIPMENT, QUALITY OF TRANSMISSIONS, CONNECTIVITY INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY. Logic does not warrant or guarantee the level of transmission service performance or speed. Subject to Section 8(d), Logic shall not be liable for any direct, indirect, consequential or economic loss, loss of business opportunity or loss of data, or for any kind of loss of any kind whatsoever which you may suffer arising under or in connection with this Agreement or the performance thereof, whether based on breach of contract, breach of warranty, fraudulent use or intrusion of Logic's service, negligence or any other liability.
2. Logic shall not be liable for any loss, liability, or damage resulting from any failure of Equipment or failure or interruption of signal, delay in the performance of or is unable to perform or performs contrary to any part of its obligations under this Agreement due to any circumstances beyond its control, including but not limited to failure of the signal at the transmitter from any cause whatsoever, acts of war, terrorism, civil unrest, sabotage, labour difficulties, natural disasters, accidental current being carried over or through the facilities and equipment, power failure, embargo, unavoidable catastrophe, explosion, act of a Governmental Agency or military authorities or courts, unusual delay by other service providers, or circumstances of any kind beyond the control of Logic, and Logic has used all commercially reasonable efforts to prevent and minimize the impact of all events causing such delay, then Logic shall be excused from the performance of such obligations to the extent that the performance is prevented, hindered or delayed by such causes and shall not be liable under this Agreement during the period and to the extent of the inability to perform.
3. Without limiting the provisions of this Section 13, you agree that should Logic be found liable under this Agreement, liability shall be limited to the maximum aggregate of the Charges paid to Logic by you during the calendar month immediately preceding the date the latest claim or action first arose.
Customer Indemnification

You hereby agree to indemnify, defend and hold harmless Logic and its shareholders, directors, officers, employees, agents, affiliates and contractors from any and all claims, demands, actions, costs (including reasonable legal fees and expenses), expenses, damages and liabilities at law or in equity arising in any way from the Service, or your use thereof including without limitation claims of slander, infringement of copyright from material transmitted over Logic's network system or infringement of patents arising from, combined with, or used in connection with the Service.
Privacy and Acceptable Use Policy

While using the Service, you agree to abide by and adhere to the Acceptable Use Policy, which can be found on our website. Any set up information provided by you is subject to our Privacy Policy. For more information see www.logic.bm.
General Provisions
1. This Agreement contains the entire terms and conditions between you and Logic and supersedes all prior and collateral agreements, understandings and representations between you and Logic whether oral or written, as to the subject matter of this Agreement.
2. No delay or omission of Logic to exercise any right or remedy will impair any such right or remedy or be a waiver of any breach or default, nor will a waiver of any single breach or default, which must be in writing, be a waiver of any other breach or default.
3. This Agreement shall be governed by and construed in accordance with the laws of Bermuda.
4. If any provision of this Agreement is found illegal, invalid or unenforceable, it will be modifiable in order to render it legal and enforceable, but will otherwise be considered severed and the other parts will remain in force and effect.
5. The parties shall attempt to amicably resolve any disagreement or dispute which may arise between them regarding the interpretation, performance of or failure to perform under this Agreement
6. If there is a conflict between the terms and conditions of this Agreement and those of your Service order form, then the terms and conditions of this Agreement shall control.
7. Headings of this Agreement are for convenience only and shall not be construed as part of this Agreement.
8. This Agreement shall not be assignable by you, however Logic shall be entitled to assign this Agreement in whole or in part without your consent.
9. Any notice or other communication required to be given or served under this Agreement shall be in writing and shall be delivered or sent by electronic mail, fax, or courier service:
  1. if from Logic to you, to the address designated by you on the Service signup form or to the address as amended by you from time to time;
  2. if from you to Logic, to the address located at www.logic.bm.
All notices shall be deemed given on the date received by the addressee.
Unlimited Long Distance Plans
1. You are required to participate in any of Logic's Unlimited Long Distance for a term of at least one (1) year. You are not eligible to downgrade any service provided hereunder for a period of one (1) year. The plan that you select shall automatically renew for successive terms of one (1) year unless you terminate the plan upon at least ninety (90) days' prior written notice via email to support@logic.bm. Please ensure that you retain a copy of the email you receive from Logic which confirms that the plan will be terminated. In the event that (i) you terminate a plan prior to expiry of the initial term or any renewal term without giving at least ninety (90) days' prior written notice to Logic, or (ii) a plan is terminated for a reason other than failure by Logic to comply with its terms, or (iii) due to your failure to pay any charges when due or to comply with any other term of the plan, you will be liable to pay Logic an amount equal to the charges payable for services provided under the plan for a ninety (90) day period. Logic may in its sole discretion immediately debit any such charges from the account to which your debit/credit card is attached. In addition to any such charges, you will also be liable to pay any other sums owed by you to Logic.
2. If you choose to designate a number which is attached to a landline telephone to one of Logic's Unlimited Long Distance Plans, that number may not be registered with another long distance carrier for a one year period.
3. If you choose to designate a number which is attached to a mobile phone to any of Logic's Unlimited or other Long Distance Plans, you will be responsible for any roaming charges incurred.
4. Acceptable Usage: Logic reserves the right to suspend or terminate service.
5. If you make long distance calls with a mobile phone, you will be required to dial the prefix 2020220 in addition to the applicable phone number. You will be solely responsible for any charges levied by a carrier other than Logic for any long distance calls.
6. f. Rates that apply to calls made to other destinations and for Usage-Based Long Distance Plans can be found at www.logic.bm. Only calls made from Bermuda are covered by Logic's Unlimited and other Long Distance Plans.
SpamCatcher

You are responsible for accessing the messaging center and retrieving your own quarantined mail and setting the sensitivity levels for SpamCatcher. If you do not access the message center and retrieve quarantined email within fourteen (14) days, it will be permanently deleted. You are also responsible for retrieving any desirable e-mail from the message center and manually sending it to an inbox.
Broadband

You must supply the appropriate broadband modem and NIC card to benefit from Logic's broadband Service. Due to the continual grooming and upgrading of telecommunications facilities, Logic does not warrant or guarantee the equipment supplied by you will remain compatible with the Service or that the Service will continue to be maintained at your premises.

You are required to participate in a Broadband Service for the term commitment period specified in the applicable plan. You are not eligible to downgrade any Broadband Service during the initial term commitment period. The Broadband Service(s) shall automatically renew for successive terms equal to the specified term commitment period unless it is terminated by you upon at least ninety (90) days' prior written notice via email to support@logic.bm. Please ensure that you retain a copy of the email you receive from Logic which confirms that the Service(s) will be terminated.

In the event that (i) you terminate any Broadband Service prior to expiry of the initial term or any renewal term without giving at least ninety (90) days' prior written notice to Logic, or (ii) the Broadband Service is terminated for a reason other than failure by Logic to comply with the terms that relate to the Service, or (iii) due to your failure to pay any charges when due or to comply with any other term that relates to the Service, you will be liable to pay Logic an amount equal to the charges payable for Services provided hereunder for a ninety (90) day period. Logic may in its sole discretion immediately debit any such charges from the account to which your debit/credit card is attached. In addition to any such charges, you will also be liable to pay any other sums owed by you to Logic.

Logic shall not be responsible for any failure of, or defect in, any Equipment (including any device) provided to you in connection with any such broadband Service. Any risk of loss, theft or damage of or to the Equipment shall pass to you upon delivery of the Equipment and shall remain with you. If the Equipment is lost, stolen or damaged, you will be solely responsible for repairs and/or replacement of the Equipment.
Additional Fees to be charged as appropriate

Returned Check $25

Reconnection fee $15

Investigation fee $15

Returned Check	$25
Reconnection fee	$15
Investigation fee	$15

Terms and Conditions

Definitions

The Service; Acceptance by Customer, Credit check.

Installation of Telecommunications Equipment.

Term of this Agreement

Fees and Charges; Changes; Late payment fees

Local Call Charges

Ownership of Equipment and IP addressing

Logic’s warranties

Customer Warranties and Representations

Termination; Suspension of Service

Equipment and Access

Service Upgrading

Disclaimer of Warranties and Limitation of Liability

Customer Indemnification

Privacy and Acceptable Use Policy

General Provisions

Unlimited Long Distance Plans

SpamCatcher

Broadband

Additional Fees to be charged as appropriate