Data Service and Fair Usage Policy

Digicel operates a fair usage policy (FUP). It is important to Digicel that all eligible Digicel customers are able to access our Services. Accordingly, we have devised a FUP, which applies, to all our Services.

Digicel may rely on this fair usage policy where your usage of the Services is excessive or unreasonable as detailed in this paragraph. Digicel has developed a threshold for the Services and the related tariffs by reference to average customer profiles and estimated customer usage of the Services (particularly the estimated volume and length of calls likely to be made and data used by end users) (the “Threshold”). If, at the absolute discretion of Digicel, Digicel is of the opinion, that your usage of the Services materially exceeds the Threshold over any period (to be determined at Digicel’s sole discretion), Digicel reserves the right to charge you for the excessive element of your usage at your price plan's standard rate or to suspend, at its absolute discretion, modify or restrict your use of the Services or to withdraw your access to the Services entirely.

The Policy applies to:

All Digicel consumer services in Fiji inclusive of but not limited to:

• Wireline telephony

• Wireless telephony

• Wireline broadband/data

• Wireless broadband/data

• SMS services

• Television services

Does not cover any of Digicel’s business or commercial offerings.

Why Fair Usage?

Digicel’s consumer services are designed and engineered for personal use by residential customers. The networks are dimensioned to provide the best quality of service to a maximum number of its customers, on the assumption that customer use of the services fall within normal residential use. Whilst Digicel may offer “unlimited/endless/limitless” should not be construed to mean "any". The services are NOT designed or intended for unreasonable use such as:

• Commercial use,

• business purposes,

• use of devices to reroute calls,

• resale of any service from our network,

• for bridging conference calls,

• for service to link two or more communications devices together for the purposes of providing a permanent or semi-permanent circuit,

• Voice services other than person to person voice communication.\

Unreasonable use is deemed abuse and in some instances fraudulent use.

Users of the services share some common infrastructure, communication links and other network resources. This fair usage policy is meant to protect the available network resources capable of delivering a service for those who mean to use it as it is intended. In the context of the unlimited/endless/limitless plans, the services are there to be used by all subscribers of the plan. However, those who abuse it to the extent that it affects the ability of others use, the services are in breach of fair usage and provisions of the policy would come into effect to restrict such users.

Data Service

The Service may also provide you access to Digicel’s data network, including but not limited to EDGE/GPRS. However, you acknowledge that the availability and coverage of the Data Service may differ from the voice or SMS network.

You also acknowledge that the Data Service is a shared access service and may be dependent upon local and international connectivity independent of Digicel’s reasonable control which means that the service quality and service level may vary.

The Service is intended for normal Internet access purposes by our Customers. Because of Digicel’s commitment to provide the best possible service at all times to all its Customers, a Fair Use Policy is applicable on the Service. The application of the Fair Use Policy ensures that Customers act reasonably when using the Service and that an acceptable standard of service be provided to all Customers using the Service. Digicel will continually measure the performance of its data network and take steps to measures necessary to restrict excessive and/or heavy users, should their activities significantly contribute towards the risk of a decrease in service level for the majority of Digicel’s Customers.

The Data Service provides means to access the Internet. The Internet is independent of the Service and Digicel, and use of the Internet is solely at the Customer’s risk and is subject to all applicable laws. Digicel shall not be liable or responsible for any information, software, services or other materials obtained or transmitted by the Customer using the Internet.