Terms of Service (TOS)

Tonga Cable Limited (TCL) agrees to furnish service(s) to Subscriber(s) (“customer(s), “client(s)”), subject to the following Terms and Conditions. The use of TCL Service(s) constitutes an acceptance of TCL’s Acceptable Use Policy hereafter referred to as AUP as well as Tonga Cable Limited’s Terms and Conditions. Unless and otherwise mentioned in any other contract or agreement all TCL Subscriber(s) are subject to these Terms, AUP and All provision of this Terms and Conditions. Contract and AUP are subject to periodic review and change without prior notice.

This Agreement shall be construed in all respect in accordance with the laws of Tonga applicable to contracts enforceable in that country.

Tonga Cable Limited reserves the right to modify this Terms of Service without notice.

I. Subscriber Accounts

1. In most cases, we will activate your account within 24 hours after the receipt of payment. In an event of an outage due to circumstances out of our control, TCL may not be held liable for the delay of account activation. In these circumstances, TCL will attempt to activate your account as soon as possible.

2. Establishment of this service(s) is dependent upon receipt by TCL the payment of stated charges. All accounts and services provided by TCL are subject to the current tax rate where applicable according to taxes imposed by the Government of Tonga.

3. TCL may deny services and terminate this agreement for failure of payment by the Subscriber(s). Such termination or denial of service does not relieve the Subscriber(s) of any accrued charges and accrued interest and collection fees.

4. Cancellation of an account/service must be made 5 working days before the next billing cycle to ensure that a new invoice is not created for the next billing cycle.

5. TCL cannot guarantee the quality of the transfers of services from other providers. The Subscriber(s) must verify if the service was moved correctly before changing name servers. If the service was not moved correctly, it is the subscriber(s) responsibility to correct the problem. Our transfer service is offered as a courtesy to clients only.

6. Any changes to the contract requested by the Subscriber(s) may be subject to administration fees as determined by TCL.

II. Network, Bandwidth and Disk Space

1. All ownership and rights to the usage of Internet Protocol addresses, hereafter referred to as IP(s), assigned to the Subscriber(s) shall belong only to TCL. TCL reserves control and the right of ownership over IP’s and may change or remove any such IP Address. All IP allocations are based on the provisions of APNIC (Asia Pacific Network Information Centre) policy governing IP addresses.

2. TCL reserves the right to change or remove any IP address relating to a customer’s service(s).

3. The Subscriber(s) has been allocated the usage of bandwidth and or disk space per month for the service(s) ordered/ package/special pricing agreed upon on the order form at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month, and is governed by the Fair Use Policy. TCL cannot be held liable for loss of access to the subscribed services when the Subscriber(s) depletes the allocated bandwidth/disk space based on package agreed upon.

4. Bandwidth on web hosting packages rolls over at the end of the calendar month. Bandwidth on Virtual Private Server (VPS) packages roll over at the end of the Subscriber(s) billing cycle.

III. Services

1. Subscriber(s) acknowledges the fact that the nature of the service(s) provided is such that the service can be interrupted for many reasons other than the negligence of the company and as such the Subscriber(s) agrees that the company shall not be liable for any damages arising from such causes and that the company shall not be responsible for any such loss and that the liability of the company in an event of its own negligence shall not exceed the amount payable by the Subscriber(s) for the services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

2. TCL will endeavour to maintain network stability and satisfactory service levels, however TCL may from time to time perform routine maintenance, and service upgrades. TCL will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.

3. Tonga Cable Ltd may, at our discretion provide notification of outages whether planned or unplanned.

4. The Subscriber(s), release TCL from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

5. TCL is not responsible for the management of a Customer’s server, including, but not limited to, the maintenance, patching, and upgrading of any software where the Customer does not have a current Managed Service Agreement.

6. If the Customer requires work to be carried out on an Unmanaged Server, the Customer is required to reimburse TCL at a rate specified by TCL and agreed upon by the Customer based on the time required to carry out the work.

IV. Promotional Offers

1. The Subscriber(s) to a promotional program agree(s) to be bound by the terms of this TOS, AUP, and all other relevant policies as any other Subscriber(s) for the period of the promotion.

V. Content

1. TCL’s services may only be used for lawful purposes. Any Subscriber(s) discovered using such services for unlawful use will have their account suspended/terminated without prior notice.

2. TCL make no representation and give no warranty as to the accuracy or quality of information received by any person via our Server(s) and TCL may not be held liable for any loss of or damage to any data stored on our Server(s).

3. The Customer accepts full responsibility for content uploaded onto his/her account.

4. TCL may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We may restore your site from backup without charge once each calendar month. If further restorations are necessary, we may charge a fee for doing so. We may at our sole discretion waive this fee. The Subscriber(s) are responsible for maintaining adequate backups of his/her content.

5. VPS server backup are done on TCL Network Attached Storage (NAS) servers. The subscriber must notify TCL if they require a restore as these must be done by TCL technicians. TCL may restore a VPS server once each calendar month. If further restorations are necessary, TCL may charge a fee for doing so. TCL may at our sole discretion waive this fee.

VI. Payment

1. TCL may claim back differences in discounts as well as an administration fee of TOP$100 for early terminations of contracts.

2. PayPal Payments: Tonga Cable may also accept PayPal payments in the near future. All PayPal users must be setup on a subscription with us in order to be eligible.

3. Bank Cheques must be written to “Tonga Cable Limited”.

4. All bank cheques must arrive before the due date of the payment to allow for it to clear before the end of the subscription period.

5. Bank transfers (direct debits) must use the “Invoice ID” as reference to allow TCL to track payments of subscribers accurately.

6. Invoices are generated 14 days before the payment due date.

7. Payment reminders will be sent 7 days before the due date and the 3rd day after the due date. On the 5th day after the due date and no payment is made, late fees will be incurred. All payment reminders are sent to the Subscriber(s) email address on file.

8. Service(s) to accounts over-due past 5 working days will be suspended. Any account past due 7 working days will be terminated. A reinstatement fee of TOP50.00 shall be levied on accounts put on suspension for non-payment. Your account will be invoiced depending on the pay frequency of the account you have setup.

9. TCL may alter our fees from time to time. When TCL alters them, TCL will send the subscribers a notice of the alteration 30 days before the new fee takes effect. If the change of fees is not acceptable to the subscriber, subscriber may cancel the service. TCL will interpret your ongoing use of our Services after that date as constituting the subscriber acceptances of the amendments. If any subscriber does not agree to the amendments, subscriber may notify TCL by email requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.

10. All payments must be made in Tongan Pa’anga or US Dollars, unless stated otherwise.

11. All our prices are stated in Tongan Dollars and are exclusive of Consumption Tax (CT) unless stated otherwise.

VII. Third party products

1. At Subscriber’s request and as a convenience to Subscriber, TCL may from time to time arrange for Subscriber’s purchase or license of third party software, services and other products not included as part of the Services, and/or may provide support to the Subscriber in relation to those products.

2. TCL makes no representations or warranty whatsoever regarding such third party products and related support services and they are provided “as is.”

3. Subscriber’s use of third party software, services and other products is governed by the terms of any license or other agreement between Subscriber and the third party.

4. TCL will not be held liable for any breach of any terms, agreements or contracts between the subscriber and the third party.

VIII. Virtual Private Servers

1. Random Access Memory (RAM) stated on VPS related pages is listed as burst RAM unless otherwise stated. The standard guaranteed RAM is a minimum of 50% of the original burst RAM.

2. VPS containers may be moved between nodes without notice if movement would not result in downtime.

3. Technical support for VPS services is limited to problems relating to the availability of the VPS. TCL does not offer support for scripts and/or programs running in the VPS.

4. If the Subscriber(s) exceeds a given bandwidth (data transfer) limit for his/her package, TCL will invoice the Subscriber(s) overage fees based on the current overage rates displayed on TCL Promotion website.

5. VPS services must only be used for lawful purposes; any Subscriber(s) account suspected of breaching AUP terms and other related policies will be suspended and investigated. TCL may terminate services to these Subscriber(s) should these alleged breaches be substantiated and may not be held liable for the loss of data due to account termination.

IX. Domains

1. TCL can’t offer domain name registration services. However, TCL may assist the Customer in domain name registration and renewal services. TCL processes registration and renewal services at its discretion.

2. TCL makes no representations or warranty whatsoever regarding the services provided by a domain name registrar.

X. WEB DESIGN

1. Whilst efforts are made to ensuring that the website and any scripts or modifications made to the website is free of errors, TCL does not accept responsibility for any losses attributed with errors relating to this.

2. Upon completion of the project, TCL transfers all rights and ownership of CUSTOM designs and programming written by TCL to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

3. TCL cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

4. TCL reserves the right to display websites and graphics that have been designed by TCL on their website in any marketing material to show as examples of their work.

5. The client agrees to make available as soon as is reasonably possible to TCL all materials required to complete the site to the agreed standard and within the set deadline.

6. TCL will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the current web browsing software. TCL can offer no guarantees of correct function with all browser software.

7. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Nonpayment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.

8. TCL cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

9. If we are unable to communicate with a client on a project for a duration of at least thirty days (30) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

10. Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. TCL reserves the right to change or update these terms at any time without prior notice.

XI. Copyrights

TCL services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Government of Tonga regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademarks, trade secret(s), or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software is a criminal offence in Tonga. If you copy, distribute or install software in ways that the license does not allow, you are violating copyright law. TCL will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our servers.

XII. General

TCL is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by TCL.

Acceptance of the Terms and Conditions stated herewith constitutes an acceptance of all other policies governing the use of TCL Services, including but not limited to the Acceptable Use Policy, Fair Use Policy, Service Level Agreement, and Privacy Policy.

TCL is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. The maximum liability of TCL is limited to the amount paid for by the customer. Violation of any of our policies and conditions may result in suspension/termination of the violating service.