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Our Policies

  • Acceptable Use Policy

    Bahamas WiMax Acceptable Use Policy

    This Acceptable Use Policy (AUP) provides an overview of the terms and actions that are prohibited while utilizing the services of Last Mile Communications Ltd. (Bahamas WiMax) or its infrastructure. This is inclusive of, and not limited to, use of the Bahamas Wi-Max IP Backbone, Commercial and Residential services, and Bahamas Wi-Max wholly owned subsidiaries. While utilizing the Bahamas Wi-Max network(s) and or subsidiaries, the conditions that this policy sets remain in effect at all times. This agreement is in effect for all users of the Bahamas Wi-Max networks inclusive of users without a direct agreement with Bahamas Wi-Max. Any user who is not in agreement with these policies should discontinue use of the services provided by Bahamas Wi-Max and its subsidiaries.

    Agreement to Acceptable Use Policy

    You agree to abide by Bahamas Wi-Max’s Acceptable Use Policy, including but not limited to, agreeing not to use this site or service for any unlawful purpose.

    Security

    The Bahamas Wi-Max network is a resource made available to Bahamas Wi-Max customers for commercial and entertainment purposes. As a customer of Bahamas Wi-Max, you are solely responsible for any misuse of the services provided to you via the Bahamas Wi-Max infrastructure. This is inclusive of and not limited to:

      • Software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
      • Denial of Service Attacks sourced from addresses provided by Bahamas Wi-Max. · Attempts to circumvent, 'Hack', attack or disrupt the services provided to Bahamas Wi-Max customers or any other service providers.
      • Port scanning, SNMP scanning, network probes.
      • Trojan attacks or vulnerability scans. · Use or distribution of password cracking programs.
      • Use or distribution of packet sniffers.
      • Execution of an attack using a known vulnerability.
      • Theft, or attempted theft, of personal information or violation of personal privacy.
      • Any act that explicitly tries to gather information on a particular, host, network, or end-user without previous authorization.

    In order to mitigate against any potential threats, you must take the appropriate measures to safeguard your use of Bahamas Wi-Max provided Internet services and your systems, from misuse or attack from hackers on the Internet. Bahamas Wi-Max will investigate any issue related to security violations that are reported to security@BahamasWiMax.com. Bahamas Wi-Max will cooperate with any ISP identifying any violations sourced from Bahamas Wi-Max provided IP address space. Bahamas Wi-Max reserves the right to investigate all security incidents. This may involve network monitoring of individual host, or network traffic flows to identify the source of any violations. Any subscribers involved in any activity that violates or attempts to violate the security of another subscriber or Internet host risks termination of their services and possible legal actions.

    Illegal Activity

    It is strictly prohibited to utilize the services of Bahamas Wi-Max in any way that is in contradiction of local Bahamian or International Laws. This is inclusive of and not limited to:

      • Violation of residential or commercial service agreements.
      • Publishing of unlawful content as determined by local Bahamian or International Law. · Reproduction, plagiarism, or theft of intellectual property. It is the responsibility of the end-user to identify any material that may be copyrighted or owned by another party. The end-user assumes all risks in this regard.
      • · Hoaxes, Pyramid schemes, chain letters, or electronic threats of any form.
      • Impersonating any person or entity, including any employee or representative of Bahamas Wi-Maxor intentional forgery or theft of identity.
      • Bahamas Wi-Max will cooperate fully with Law Enforcement Agencies to identify any violations. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

    Inappropriate Content

    Bahamas Wi-Max generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this service. However, Bahamas Wi-Max and its agents have the right at their sole discretion to remove any content that, Bahamas Wi-Max’s judgment, does not comply with the Acceptable use Policy or is otherwise harmful, objectionable, or inaccurate. Bahamas Wi-Max is not responsible for any failure or delay in removing such content. Bahamas Wi-Max assumes no risk or liability as to the appropriateness of any particular content as it relates to any legal, personal or cultural contexts. In cases where content is sourced from the Bahamas Wi-Max Network and is indirect violation of Local or International laws Bahamas Wi-Max reserves the right to terminate services without remediation to the subscriber.

    Electronic Mail Bahamas

    Wi-Max has a Zero-Tolerance policy for, and not limited to, Unsolicited Commercial E-Mail (UCE), SPAM mail, e-mail harassment or e-mail threats. Additional examples of prohibited practices are:

      • Harvesting or collecting information about the users or members of this service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. 
      • Bulk mailing from non-commercial accounts. · Utilizing a Bahamas Wi-Max owned domain e-mail address, or operating from Bahamas Wi-Max assigned address space, as the source of UCE, or any other mailing practice that could be characterized as SPAM mail.
      • Utilizing a Bahamas Wi-Max owned domain e-mail address, or operating from Bahamas Wi-Max assigned address space, as the respond-to address of UCE, or any other mailing practice that could be characterized as SPAM mail.
      • Sending unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Bahamas Wi-Max’s rules or policies;
      • Propagation of known e-mail viruses via electronic mail originating from or destined to any Bahamas Wi-Max user, host or address.
      • Operating open SMTP relays or forwarding e-mail to bulk recipients on behalf of other domains.
      • Using in the e-mail body or headers, a domain name, e-mail address, IP address, or host, belonging to Bahamas Wi-Max in any unsolicited e-mail regardless of source origination.
      • Provided bulk mailings from a Bahamas Wi-Max commercial service with no valid return address. All commercial bulk mailings sourced from Bahamas Wi-Max address space must have a valid respond-to e-mail address of the originating domain and host. Any electronic mail sourced from a Bahamas Wi-Max Address Space that is in violation of another service provider or ISP's AUP.

    Newsgroups

    Before posting to a particular newsgroup it is the user's responsibility to determine the policies of that newsgroup and ensure strict compliance. Prohibited actions include, but are not limited to, the following:

      • Excessive cross-posting, or posting the same articles to several newsgroups.
      • Attempting to abuse the Internet and hinder normal newsgroup discussion by way of newsgroup SPAM, which includes: . Posting a large number of messages with no substantive content.
      • Posting multiple messages with no text.
      • Posting multiple follow-ups to messages that contain no text.
      • Posting advertisements and other commercial messages in newsgroups whose charters clearly prohibit such messages.
      • The posting of binary files to non-binary news groups.

    Messenger/IRC

    BahamasWi-Max services may be used to participate in on-line "chat" discussions provided that they are in compliance with the AUP of the chat server. This service should not be used maliciously. Therefore the following activities are prohibited:

      • Sending messages, or files, which may disrupt another Internet user's equipment including software, hardware and user display.
      • Sending messages to a user who has indicated that they do not wish to receive such messages.
      • A customer may not use Bahamas Wi-Max services to connect to a chat server from which they have been previously banned. Manipulating a chat server in order to harass or disconnect other Internet users, or to gain unauthorized privileges.

    Violation of AUP

    If Bahamas Wi-Max is advised, or in the course of network capacity monitoring, identifies any practice that in any way violates any part of this AUP it will reserve the right to take any action it feels appropriate to stop the activity in contradiction of the policies set forth, including and not limited to:

      • Blocking of a single, or multiple, TCP port(s) traffic originating from an address belonging to Bahamas Wi-Max. ·
      • Blocking of IP port traffic destined for the Bahamas Wi-Max network in violation of this AUP.

    If the offending practice is continued, Bahamas Wi-Max reserves the right to:

      • Block all IP traffic destined to or from a host in violation of this AUP.
      • Suspend services of a customer in violation of this AUP without remediation.

    At its sole discretion Bahamas Wi-Max reserves the right to terminate the account of repeat Bahamas Wi-Max AUP offenders without remediation.

    This AUP is subject to change and will be updated on the Bahamas Wi-Max website. 

  • Consumer Complaints Handling Code

    Consumer Complaints Handling Code

    This Consumer Complaints Handling Code (“Code”) is intended to inform consumers of the principles and procedures designed to address consumer complaints and to facilitate the Last Mile Communications Ltd. T/A Bahamas WiMax’s compliance with the Statement of Results and Final Determination on the Guidelines for Developing Licensee Consumer Complaints Handling Procedures (ECS 16/2012) issued by the Utilities Regulation and Competition Authority (“URCA”) on June 6, 2012. As a utility regulated by URCA, the electronic communications services that Last Mile Communications Ltd. T/A Bahamas WiMax provides are governed by the consumer protection provisions pursuant to section 45 of the Communications Act, 2009 and Last Mile Communications Ltd. T/A Bahamas WiMax’s Individual Operating Licence and/or Class Operating Licence Requiring Registration. (Insert Company Name Here) is also governed by the Consumer Protection Act, 2006 and the Data Protection (Privacy of Personal Information) Act, 2003. You may locate this Code on our website or at our office located on 106 Central Plaza, Stratton Drive, Marah Harbour, Abaco during our hours of operation from 9:00 am – 5:00 pm, Monday through Friday.

    1. Purpose of this Code

    This Code is intended to benefit Consumers using the electronic communications services of Last Mile Communications Ltd. T/A Bahamas WiMax in the Commonwealth of The Bahamas

    2. Objective of a Consumer Complaints Handling Process

    The objective of a complaints handling process is to speedily and fairly resolve your issues without a need to involve the Regulator, attorneys at law or the Attorney General’s Office. We are fully committed to addressing all complaints fully and fairly and in a reasonable timeframe.

    3. Importance of records

    Your records are maintained by us pursuant to the laws of the Commonwealth of The Bahamas and we may decide to communicate with you via electronic means. The availability of your records is important because these will often form the basis of our investigations into your complaint, and they will also assist in timely investigations

    4. Right to Lodge a Complaint

    If you are not satisfied with our service, you have a right to complain. This Code outlines our formal complaints procedure, including how to contact us and what you can do if your complaint is not resolved.

    5. Definition of a Complaint

    (a) A complaint is “an expression of dissatisfaction” made by you to us related to either:

    (i) how we provide our services to you; or

    (ii) the Complaints handling process itself.

    (b) A complaint means that a response or resolution is expected.

    (c) A complaint is not:

    (i) A request for information;

    (ii) Frivolous or vexatious calls: these calls should be reported to the authorities;

    (iii) A general enquiry;

    (iv) A fault report.

    6. How to Make a Complaint

    Complaints may be made by letter, by telephone or by email. Should you prefer to write to us, please send your letter to the following address:

    Last Mile Communications Ltd. T/A Bahamas WiMax
    P.O. Box AB20162
    Marsh Harbour, Abaco, Bahamas

    Alternatively, you can contact us by telephone at 242-367-3717 or 242-676-2368 or by email at info@bahamaswimax.com. You may also choose to lodge your complaint in person at our office at the address indicated above.

    7. Content of Your Complaint

    Your complaint should be sent to us within sixty (60) business days after the occurrence of an incident and should include, at a minimum: (i) your name or the name of the person acting on your behalf;

    (ii) your mailing address (including P.O. Box), telephone number and email contact;

    (iii) the particulars of your complaint and your account number with us;

    (iv) the date the complaint is lodged;

    (v) the product or service that You are complaining about;

    (vi) any supporting information and/or relating to the complaint (these include, but are not limited to letters, contract or agreement with us, or any evidence related to the complaint);

    and

    (vii) the remedy sought from us.

    8. Stages of the Complaint Handling Process

    Described below are the stages of the complaints handling process:

    (i) Initial contact by the consumer;

    (ii) Acknowledgement of receipt of the complaint in writing by us;

    (iii) Investigation of the complaint;

    (iv) Internal escalation (if necessary);

    (v) Notification of resolution of the complaint by us;

    (vi) Referral to the regulator, URCA (if necessary); and

    (vii) Final communication of resolution to the consumer by URCA.

    9. Resolving Your Complaint

    (i) You complaint will be investigated immediately upon receipt.

    (ii) We will formally acknowledge receipt of your complaint within five (5) working days of its receipt and will provide you with a complaint reference number. We aim to respond to your complaint within fifteen (15) working days from the receipt of your complaint.

    (iii) We will make every effort to complete the investigation within thirty (30) business days of receipt of the complaint.

    (iv) We will inform you if any of the timeframes cannot be met and a new timeframe within which you can expect to receive a response from us.

    (v) We will notify you of the resolution, decision or any action taken regarding your complaint in writing as soon as is reasonably possible.

    (vi) Your complaint is resolved when:

    i. you indicate in writing to us that you no longer wish to pursue the complaint;

    ii. we have agreed a course of action, which, if taken would resolve the complaint to your satisfaction;

    iii. we have taken action to rectify the issue, and it is reasonable to consider that as a result of our actions you are no longer dissatisfied.

    (vii) We will retain all documents and written records collected and recorded throughout the complaints handling process for one (1) year following the resolution of the complaint.

    10. Internal Escalation

    If you are dissatisfied with the way in which your complaint is handled during your initial contact with us, you may escalate your complaint to:

    (i) The Customer Services Department;

    (ii) The Manager of Operations;

    (iii) The President and Chief Executive Officer.

    Once the internal escalation process has been followed and we are unable to resolve your complaint to your satisfaction, you may refer your complaint to URCA at:

    The Utilities Regulation & Competition Authority
    UBS Annex Building East Bay Street
    P. O. Box N-4860
    Nassau, Bahamas

    Telephone: 242-393-0234 Fax: 242-393-0153

    Email: info@urcabahamas.bs

    11. Unresolved Complaints

    We aim to resolve your complaint in the timeframes stated at section 9 of this Code. After a full investigation, the following details will be retained by us:

    (i) number of complaints outstanding for more than ten (10) business days;

    (ii) number of complaints received by category in the period being reported and cumulative for the year to date;

    (iii) percentage of complaints resolved within the target time;

    (iv) number of complaints unresolved and referred to URCA.

    12. Standard Responsest

    As far as possible, our responses to you should take the form of standard form letters. These standard letters are detailed in Appendix 2 attached and are subject to amendment or revision from time to time.

    13. Updating the Code

    As this Code takes into account the legal and regulatory environment and considers our business needs, it will be necessary to amend or revise this Code from time to time. Once any amendments are made, the revised Code will be re-issued noting the revised date and the actual revisions. The re-issued Code will beposted on our website along with its re-issue date and will also be available upon reasonable request free of charge.

    The provisions of this Code and any significant revisions will be subject to approval by URCA. 

     

    Appendix 1

     

    This form is for our use to ensure that the complaint is correctly represented and recorded by us. All information must be completed on this form.

    Consumer Details

    Consumer Name:

    Consumer Telephone Number: (h) (c)

    Consumer Account Number:

    Consumer Address:

    Consumer P. O. Box:

    Consumer Email Address:

    Consumer Authorized Representative:

    Address/Tel. Number/Email Address:

    Supporting Documentation included:

    Complaint Reference Number:

    Complaint Type

    Tick category(ies) as appropriate:

    Fixed Line

    Mobile Internet

    Billing Dispute

    Service Interruption

    Credit Control

    Poor Consumer Service  

    Complaint Details

    Summary Description:

    Requested Remedy:

    Immediate Action Taken (if any):

    Possible Due Date for Response:

    Date Complaint Filed:

     

    Appendix 2

    To: [Consumer Name and Address]

    Date: From: Last Mile Communications Ltd. T/A Bahamas WiMax

    Re: Complaint – Reference Number xxx

    Dear Sir/Madam,

    We acknowledge receipt of your complaint received by us on [day/month/year] via [email/letter/in person/telephone]. We apologize to you for any inconvenience that you may be experiencing at this time. We have commenced our investigations into your complaint and will revert to you within five (5) business days of the receipt of your complaint. We will make every effort to resolve your complaint within thirty (30) business days of receipt of your complaint. If we are unable to meet the timelines outlined, we will provide you with a new timeframe with which you can expect to receive a response from us. We appreciate your business and look forward to serving you again.

    Yours faithfully, 

     

     

     

  • Privacy Policy

     Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools, and opportunities with complete confidence. We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how Bahamas Wi-Max collects information from all end users of Bahamas Wi-Max Internet Services (the "Services") such as those who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Service ("Members"). This Policy will also address what we do with the information we collect, the choices Visitors and Members have concerning the collection and the use of such information. Therefore, Bahamas Wi-Max requests that you read this Privacy Policy carefully.

    Personally Identifiable Information Collected By Bahamas Wi-Max And How It Is Used

    Introduction

    Bahamas Wi-Max collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.

    Registration

    Members are asked to provide certain personal information when they sign up for our Services. This information includes name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member's account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Bahamas Wi-Max and a partner jointly promote the Services, Bahamas Wi-Max may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services. This personal information is shared as a result of the joint promotion and for the sole purpose of allowing Bahamas Wi-Max and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. Bahamas Wi-Max may also generate non-identifying and aggregate profiles from personal information of the Members provided during registration (such as the total number, but not the names of the Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

    Bahamas Wi-Max Partners

    Some Bahamas Wi-Max products and services are offered to Visitors and Members in conjunction with a non-affiliated partner. For example, to provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred thus, allowing you to decide not to use that particular service or feature. Bahamas Wi-Max will share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

    Online Shopping

    At some Web sites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact/personal information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient's name, address, and phone number. Bahamas Wi-Max no control over the third parties' use of any personal information you provide when placing such an order. Please exercise care when doing so.

    Responses to Email Inquiries

    When Visitors or Members send email inquiries to Bahamas Wi-Max, the return email address is used to answer the email inquiry we receive. Bahamas Wi-Max does not use the return email address for any other purpose and does not share the return email address with any third party.

    Voluntary Customer Surveys

    Bahamas Wi-Max may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Bahamas Wi-Max customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated; non-personally identifying information may be shared with third parties.

    Special Cases

    It is Bahamas Wi-Max policy not to use or share the personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, Bahamas Wi-Max may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services. This may be for any reason if, in our sole discretion, we believe that it is reasonable to do so, including but not limited to the following reasons: to satisfy laws, such as the Electronic Communications Privacy Act; regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect Bahamas Wi-Max and our Members.

    "Cookies" and How Bahamas Wi-Max Uses Them

    A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. Bahamas Wi-Max may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. These cookies do not enable third parties to access any of your customer information. Additionally, be aware that if you visit non-Bahamas Wi-Max web sites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

    Bahamas Wi-Max Commitment to Children's Privacy

    The protection of children's privacy is especially important to us. Therefore, Bahamas Wi-Max recommends that children ask a parent for permission before sending personal information to Bahamas Wi-Max, or to anyone else online.

    Public Forums

    Please remember that any information you may disclose in public areas of Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

    Bahamas Wi-Max Commitment to Data Security

    The Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

    How to Access or Modify Your Information

    Bahamas Wi-Max offers Members the opportunity to access or modify information provided during registration. To access or modify such information, visit WWW.BahamasWiMax.com or contact our Customer Service Department at 242-225-9348.

    Where to Direct Questions About Bahamas Wi-Max Privacy Policy

    If you have any questions about this Privacy Policy or the practices described herein, you may contact: Customer Service Bahamas Wi-Max P.O. Box AB21062 Marsh Harbour, Abaco, Bahamas

    Revisions to This Policy

    Bahamas Wi-Max reserves the right to revise, amend, or modify this policy, our Internet Service Agreement and any other policy and/or agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement. This Privacy Policy is effective August 1st, 2009.

  • Terms and Conditions

     Introduction

    ("Last Mile Communications Ltd. D/B/A Bahamas Wi-Max and/or its Subsidiaries") provides certain internet services ("the Services") through Bahamas Wi-Max Network. Any user who wishes to use the Services ("Customer") agrees to be bound by these terms and conditions of use ("Terms and Conditions"), Bahamas Wi-Max acceptable use policy ("Acceptable Use Policy" or "aup") located at http://www.BahamasWiMax.com, and other policies, all of which are subject to change from time to time. If you do not agree to the Terms and Conditions, aup or other policies, including future revisions, you may not use these Services, and if you are a current Customer you must terminate your use of the Services immediately. Any future revisions to these Terms and Conditions, aup, or other policies will be posted on Bahamas Wi-Max website at http://www.BahamasWiMax.com

    Equipment and Services

    Customer must be at least 18 years old. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Services provided by Bahamas Wi-Max are for the sole use of the Customer and not resale or commercial redistribution of any kind without prior written consent of Bahamas Wi-Max which may be given at Bahamas Wi-Max sole discretion. In the event the Customer attempts to resell or commercially redistribute the Services, Bahamas Wi-Max may, at its sole discretion, increase the fees associated with Services, or terminate the Services.

    Billing

    Customer agrees to pay all charges to Customer's account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide Bahamas WiMAX with accurate and complete billing information, including Customer's legal name, address telephone number and credit card information. Customer agrees to report to Bahamas WiMAX all changes to this information within thirty (30) days of any change, including any change in the expiration date of Customer's credit card. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the activation date of the Services. Customer agrees to pay a fee for processing unpaid checks or rejected credit cards. Monthly fees are non refundable. The initial payment may include non-recurring installation charges, including, but not limited to, equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of Bahamas WiMAX. If payment is not received by Bahamas WiMAX within fifteen (15) days from the date payment is due, a Customer's account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month on the outstanding balance on Customer's account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law). Customer is also responsible for all attorney and collection fees arising from Bahamas WiMAX efforts to collect any unpaid balance. A reconnection fee of $25 may apply. Cancellation Fee of $400 if canceled before 6 months of service will apply, after 6 Months the balance of the contract will serve as a cancellation fee.

    Intended Use and Monitoring of the Services

    Customer agrees not to use the Services in a manner prohibited by any Bahamian or International law or regulation. While Bahamas Wi-Max is under no obligation to monitor the Services, Bahamas Wi-Max may do so from time to time and Bahamas Wi-Max may disclose information regarding Customer's use of the Services for any reason and in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner. Bahamas Wi-Max may immediately remove from it's servers any materials or information in whole or in part, which Bahamas Wi-Max, in it's sole and absolute discretion, determine to infringe another's proprietary rights or to violate Bahamas Wi-Max Acceptable Use Policy.

    Customer Privacy

    Subject to Section 5 above, Bahamas Wi-Max agrees to comply with the terms of Bahamas Wi-Max Privacy Policy as set forth on Bahamas Wi-Max Website at http://www.BahamasWiMax.com, as may be amended from time to time.

    IP Address

    IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Bahamas Wi-Max.

    Term and Cancellation

    Customer agrees to use and pay for Services for the duration of the period agreed to when Customer places an order for Services (the "Initial Term"). Customer may terminate the Services at the end of the Initial Term or at any time during any successive term by providing not less than (30) days written notice to Bahamas Wi-Max.

    Termination notice must be sent to:

    Bahamas Wi-Max
    Attn. I.S.P. Department
    P.O. Box AB20162
    Marsh Harbour, Abaco, Bahamas

    Or you may call Bahamas Wi-Max

    Nassau 242-676-2368

    Abaco 242-367-3717

    DISCLAIMER OF WARRANTIES

    THE SERVICES, ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS. BAHAMAS WI-MAX MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED BY THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO THE CUSTOMER OR OTHERS ACCESSING THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT BAHAMAS WI-MAX EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH ITS NETWORK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS AND ACCURACY OF ANY INFORMATION. IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BAHAMAS WI-MAX, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY BAHAMAS WI-MAX, INCLUDING EMAIL AND WEBHOSTING, WILL BE AT CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT BAHAMAS WI-MAX PROVIDES NO WARRANTY FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES WHETHER WITHIN OR OUTSIDE THE CONTROL OF BAHAMAS WI-MAX, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

    LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL BAHAMAS WI-MAX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THESE SERVICES OR FROM ANY RESULTING LOSS OF CUSTOMER'S OR THIRD PARTY'S DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BAHAMAS WI-MAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BAHAMAS WI-MAX LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BAHAMAS WI-MAX RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITH OR WITHOUT CAUSE.

    Customer Complaint Resolution

    In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, Customer agrees to first contact Bahamas Wi-Max,

    Bahamas Wi-Max
    Attn. I.S.P. Department
    P.O. Box AB20162
    Marsh Harbour, Abaco, Bahamas

    Or you may call Bahamas Wi-Max

    Nassau 242-676-2368

    Abaco 242-367-3717

    Additional Terms and Conditions

    Bahamas Wi-Max may, from time to time, send e mail messages or other forms of communication to Customer containing advertisements, promotions etc. which may be offered by third parties. Bahamas Wi-Max makes no representation or warranty with respect to the content of any such third party communications or goods or services which may obtained in response to such communications and Customer agrees that Bahamas Wi-Max shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writing by Bahamas Wi-Max. Bahamas Wi-Max inclusion of links to any websites is provided for Customer convenience only and Bahamas Wi-Max is not responsible for any content on such websites. Bahamas Wi-Max inclusion of links to such website does not imply any endorsement of the material on such websites or any association with their operators.

    Entire Agreement

    These Terms and Conditions, the aup, the Privacy Policy and other policies contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by Bahamas Wi-Max and the latest version of the Terms and Conditions may be found at http://www.BahamasWiMax.coml. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relation to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Assignment and Successors in Interest

    All Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of Customer shall be assigned or delegated without prior written consent of Bahamas Wi-Max. Any unauthorized assignment or delegation shall be null and void.

    Venue/Choice of Law

    Theses Terms and Conditions, the aup and other policies shall be construed in accordance with the laws of the Commonwealth of The Bahamas. In the event of any dispute, the parties submit to the personal jurisdiction of The Bahamas.

    Severability

    In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions, the aup, or other policies (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of which will remain in full force and effect.

    Indemnification

    Customer shall indemnify, defend and hold Bahamas Wi-Max harmless against any and all claims, losses, damages and liabilities and expenses, including reasonable attorney fees, sustained by Bahamas Wi-Max resulting from, arising out of, or connected with the use or misuse of the Services by the Customer.

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