Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
1. DESCRIPTION OF SERVICES. HAPPY SUNNY, through its subsidiary STAR Network (hereinafter referred to as "Provider"), shall furnish to the Subscriber the following devices (collectively, the "Devices"):
2. PAYMENT TERMS. Remuneration shall be made to Scotia Bank (Arima branch) to the account of Provider, transit number 90415, account number 4022669. The Subscriber covenants to remit the sum of $278.00 TTD on or before the 30th day of each calendar month for a duration of thirty-six (36) consecutive months commencing on the Effective Date.
The Subscriber shall indemnify the Provider for all collection costs, including but not limited to, reasonable attorney fees. In addition to any other legal rights or remedies, in the event of the Subscriber’s failure to remit payment for the Devices when due, the Provider may deem such non-payment a material breach of this Agreement and may authorize a bailiff or law enforcement officer to repossess all Devices provided hereunder and/or pursue legal remedies. Any breach of this Agreement shall result in the entire cost of the Devices becoming immediately due and payable.
3. CREDIT CHECK WAIVER AND PAYMENT VERIFICATION. No credit checks shall be conducted. The Subscriber is obligated to demonstrate proof of consistent payments prior to the issuance of Devices. Such proof shall be evidenced by two (2) consecutive subscription payments, with Devices being delivered upon receipt of the third (3rd) consecutive payment, at the sole discretion of the Provider. Notwithstanding the foregoing, Devices may be issued upon the successful payment of the initial subscription, at the Provider’s discretion.
4. REFUND POLICY. No refunds shall be issued as this subscription constitutes a membership and not a direct payment for Devices. The subscription encompasses the benefits of three (3) laptops and three (3) smartphones. Full refunds shall be issued only if Devices are not received after four (4) months, with an additional thirty (30) day grace period to rectify the non-delivery or issue a full refund of subscription payments. The Provider reserves the right to stagger the distribution of Devices at regular intervals of sixty (60) to ninety (90) days to ensure adherence to timely subscription payments until all six (6) Devices are distributed.
5. TERM. This Agreement shall remain in full force and effect for a period of thirty-six (36) months from the Effective Date.
6. CONFIDENTIALITY. The Provider and its employees, agents, or representatives shall not, at any time or in any manner, directly or indirectly, use for the personal benefit of the Provider, or disclose, divulge, or communicate in any manner, any information proprietary to the Subscriber. The Provider and its employees, agents, and representatives shall protect such information and treat it as strictly confidential. This provision shall remain in effect subsequent to the termination of this Agreement. Any oral or written waiver by the Subscriber of these confidentiality obligations, permitting the Provider to disclose the Subscriber's confidential information to a third party, shall be limited to a single occurrence, specific to the information disclosed and the third party recipient, with the confidentiality obligations continuing in effect for all other instances.
7. WARRANTY. The Provider shall deliver its Devices and perform its obligations under this Agreement in a timely and professional manner, utilizing knowledge and practices that meet generally accepted standards within the Provider's community and region. The standard of care shall be equal to or superior to, the care employed by similar service providers. All Devices provided by the Provider are subject to a six-month warranty, after which the Subscriber shall be responsible for all costs associated with replacement or servicing.
8. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to remit any required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Devices in the time and manner specified in this Agreement.
9. REMEDIES. In addition to any other rights available at law, if a party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including, but not limited to, the failure to make a monetary payment when due), the non-defaulting party may provide written notice to the defaulting party, detailing the nature of the default. The defaulting party shall have fourteen (14) days from the effective date of such notice to cure the default. Failure to cure the default within such time period shall result in an automatic default of this Agreement, unless waived in writing by the non-defaulting party.
10. ENTIRE AGREEMENT. This Agreement embodies the entire understanding between the parties, and there are no other promises, conditions, or understandings, whether oral or written, relating to the subject matter of this Agreement. This Agreement supersedes all prior oral or written agreements between the parties.
11. SEVERABILITY. Should any provision of this Agreement be held invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. If a court of competent jurisdiction finds that any provision is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
12. AMENDMENT. This Agreement may be modified or amended in writing by mutual consent of the parties, provided the writing is signed by the party against whom enforcement of the modification or amendment is sought.
13. GOVERNING LAW. This Agreement shall be construed in accordance with, and governed by, the laws of the Republic of Trinidad and Tobago.
14. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address specified in the opening paragraph, or to such other address as either party may designate in writing.
15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
16. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both at trial and on appeal.
17. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. This Agreement shall be deemed as having been drafted by both parties, through a mutual effort.
18. NO REFUND FOR BREACH BY SUBSCRIBER. No refunds shall be issued to the Subscriber in the event of a breach of this Agreement by the Subscriber. The subscription is deemed a membership agreement and not a direct purchase of Devices. The Provider retains the right to all subscription fees paid, notwithstanding any breach by the Subscriber.
19. ACCEPTANCE OF TERMS. Payment by the Subscriber and/or the signing of the subscription contract shall constitute acceptance of these terms and conditions. This policy shall be considered a supplement to the subscription contract.
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