In this Agreement unless the context otherwise requires: "Monthly Fee" means the fee
specified in the Digitec Internet Service Plans. "Installation Location" means the place nominated by
customer where the Services are to be provided. "Services" means the provision of Internet services and
maintenance of a Wireless Link to the Installation Location. "Customer Premises Equipment (CPE)" or
"Equipment" may include Router, Antenna, Mounting Pole, and cables. "Data Transfer" is the total amount of
data transferred in one calendar month covered by monthly fee. Transfer includes both the amount of data
uploaded and downloaded. "Data Speed"is quoted as Download/Upload. "Limit of Responsibility" is at the
Router that is connected to the Access Point.
1. PROVISION OF SERVICES
1.1 Subject to the customer making all payments as per the ISP Plan, Digitec will provide Internet
service to the customer via WIFI link.
1.2 Digitec gives no warranty as to the type or quality of the signal, but will attempt to provide and
maintain a consistent, quality signal to the Customer.
1.3 All Digitec equipment installed at customer location will be maintained by Digitec, there is no
additional cost for this service to the customer. All equipment remain property of Digitec.
1.4 Digitec will provide raw connectivity direct from the upstream provider without any filtering. it
will be customers responsibility to provide Firewall appliance and Filtering service to protect their LAN
environment from any external malicious attack.
2. FEE AND PERIOD OF AGREEMENT
2.1 During the term hereof the Customer shall pay to Digitec the Monthly Fee in advance on the specified
billing day of every month regardless of whether the service is being used.
2.2 Customer is required to pay 80% of the full term of the Contract should they request termination for
convenience prior to expiry date of the contract.
2.3 Digitec may suspend the service or terminate permanently without notice if Bills are overdue by more
than 60 days from invoice date. If such action is taken than customer would be charged K220 inclusive of
GST to activate the service. Digitec reserve the right to charge the customer a surcharge of 15% on all
invoices past the due date.
3. LOCATION OF DIGITEC EQUIPMENT
3.1 Digitec shall provide the service to a single point at the Installation Location.
3.2 The customer warrants that they have the necessary authority to allow all of the Equipment to be
installed and the Service to be provided at the Installation Location and the customer shall Indemnify and
hold harmless Digitec against all claims for loss or damage arising as a result of the supply or
installation at the Installation Location.
4. INSTALLATION, MAINTENANCE & RECONNECTION
Digitec will commerce installation on receipt of Installation and first months Plan fees.
4.1 A Reconnection Fee of K220 will be payable if the service has been turned off due to nonpayment by
customer within 60 days of Invoice date without notice.
4.2 The Consumer shall take all reasonable steps required by Digitec to keep the security of the
Equipment installed by Digitec for provisioning internet service. All equipment is owned by Digitec and
leased by the customer during the terms of the contract.
5. SERVICE LEVEL
Parts of the Digitec ISP network including satellite facilities and fibre optic transmission systems are
supplied by third party upstream providers and as such outside the direct control of Digitec. Digitec
customers will not be entitled to any compensation, service credits or refunds for any network outage
attributed to failure of these systems.
6. SERVICE AVAILABILITY
Digitec has a 99% business hours network availability target and a 98% service guarantee. Digitec may at
its discretion and upon application, provide service credits for any network outage in excess of this
7. PREMISES ENTRY
The customer hereby authorises Digitec to enter the premises to install the equipment and indemnifies
Digitec against any loss or damage suffered by the customer as a result of and Digitec exercising such
right of entry.
7.1 The customer shall keep Digitec safe from any dogs or security devices while Digitec is in the bounds
of the premises and shall indemnify Digitec for any injury or other damage caused during installation.
8. MOUNTING LOCATION
The customer gives Digitec the right to choose the mounting location of the equipment on the location and
to remove any vegetation where it is necessary to properly mount the equipment and authorises Digitec to
make holes in or affix the equipment to buildings on the location where it is necessary for the proper
installation of the equipment.
9. CARE OF EQUIPMENT
9.1 It is the customer responsibility to ensure that their equipment (Router, Computer and all
peripherals) Digitec ISP equipment (CPE, Modem) are protected with surge protector or UPS.
9.2 The customer will pay for all electricity used in operating the Digitec ISP equipment and undertakes
to use electricity of the proper voltage and amperage, and will not disconnect power to any such
10. INJURY CAUSED BY FAULTY ELECTRICAL EQUIPMENT
The Consumer will indemnify Digitec for any action brought by any person as a result of injury or damage
suffered due to electrical shock or howsoever caused by faulty customer equipment.
11. LOSS CAUSED BY FAILURE OF THE SERVICE
The customer will indemnify Digitec for any action brought by any person as a result of loss or damage
suffered due to failure of the service.
On any money due by the Consumer to Digitec the Consumer shall pay interest at the rate of 15% per annum
which interest shall accrue on a monthly balance on the first day of each month.
Any notice required under this contract may be served on the party to whom it is addressed by leaving it
at the office of that party or by email to firstname.lastname@example.org if the notice is for Digitec from
If the fees are outstanding for more than 60 days from the invoice date then Digitec may disconnect the
service without notice and may at its option regard the contract as terminated by the Consumer. In this
instance Digitec will claim 80% of the total contract period remaining as compensation. The customer is
legally obliged to pay this compensation under the laws of Papua New Guinea.
15. FAIR USE POLICY
Digitec reserves the right to restrict the speed of the service by 50% to any customer found to be
abusing the system by transferring data in excess of the limit specified in Data Capped Plan. Digitec will
not charge the customer excess fees. Speed will reset to normal as per the Plan following billing cycle.
16. FORCE MAJEURE
Neither party shall be liable to the other for delay in or failure to render any performance made under
this agreement where any such delay or failure is caused by fire, act of war, natural disaster, accident,
epidemic, riot civil disturbance, strike, lock-out, act of God, requisition, disruption of ordinary means
of transportation or communications, government regulations or any cause beyond the control of the parties
as the case may be.
The parties hereto have imparted and may from time to time impart to the other confidential information
obtained under this Agreement and the other party hereby agrees and undertakes not to disclose whether
directly or indirectly to any third party such information other than the necessary information required
to carry out the purposes of this Agreement.
18. WAIVER OF REMEDIES
No forbearance delay or indulgence by either party in enforcing the provisions of this Agreement shall
prejudice or restrict the rights of the party nor shall any waiver of its rights operate as a waiver of
any subsequent breach and no right, power or remedy available to that party and each such right, power or
remedy shall be cumulative.
Any term, condition, stipulation, covenant or undertaking in this Agreement which is illegal, void,
prohibited or unenforceability without invalidating the remaining provisions hereof and any such
illegality, voidness, prohibition and enforceability shall not invalidate or render illegal, void or
enforceable any other term, condition, stipulation, provision, covenant or undertaking herein contained.