Definitions: (In this Agreement)
“Acceptable Use Policy” refers to the standards and policies that the Customer must follow when using the Plan, a copy of which can be viewed on our website: www.blueskysamoa.ws and is subject to change from time to time at Bluesky’s discretion .

“Add On Bundle” means an additional bundle of Data, Minutes and or SMS available for the Customer to purchase and use in conjunction with their Plan.
“Agreement” means the Mobile Plan Sign up Form and these Terms and Conditions which, upon your signature forms a legally binding contract between you and Bluesky.
“Allowance” refers to any Voice, SMS or Data quota included with the postpaid plan.

“Billing Period” refers to 21st of month through to 20th of following month.

“Billing Quota Refresh Period”  is the 21st of each month for Pure Postpaid plans or the 1st of each month for Capped Postpaid plans.

“Bluesky”“our”, “us” or “we” means Bluesky Samoa Limited.
“Bluesky network” refers to the mobile cellular services network operated by Bluesky in Samoa.

“Bluesky number” means a 7 digit mobile number from the number range available to Bluesky.
“Capped Plan” means a plan where the allocated Voice, SMS, and/or Data bundle has a fixed monthly quota

“Customer” or “you” or “your” refers to the customer specified in the Sign Up Form.
“Customer Account” means any account the Plan is attached to or any account the Customer has with Bluesky for any of its services, including the Plan, and can refer to a consolidated account.
“Data” means mobile internet data.
“Excess Rates” refers to the additional usage rates for Data, Minutes and SMS set out in the Sign Up Form. These rates are not fixed and Bluesky reserves the right to change the excess rates from time to time and these will be available on our website at www.blueskysamoa.ws.

“Fees and Charges” refers to all fees and charges applicable to this Agreement, including the Monthly Fee, Monthly Access Fee, Monthly Repayment, Excess Rates, Transfer Charge, Termination Fee and any Device Recovery Fee.

“Term” and/or “Initial Term” refers to the minimum contracted period during which you agree to pay for the Plan and is set out in the Sign Up Form.
“Minimum Term” refers to the Initial Term of this agreement.

“Minutes” means call time on-network or off-network

“Monthly Access Fee” refers to the monthly fee for the Plan selected by the Customer.

“Monthly Fee” refers to the total monthly fee payable by the Customer under this Agreement.
“Phone” means the handset and accessories.
“Plan” means the Postpaid Mobile plan selected by the Customer in the Sign Up Form comprising of an allocated bundle of Data, Minutes and SMS.
“Postpaid Services” means the mobile telecommunication services offered by us to you under this Agreement, including the additional services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge

“SIM” means the Subscriber Identity Module used with the Plan.

“Sign up Form” means the Form on the reverse side of these Terms and Conditions.
“SMS” means Short Message Service.

“Special terms” means terms, as amended from time to time, governing Postpaid Services specials or promotions.

“Terms and Conditions” means these Postpaid Mobile terms and conditions.

“Termination Fee” means the fee Bluesky will charge you for early termination of the Plan, which fee you acknowledge represents a reasonably recovery of Bluesky’s costs and expenses associated with arranging to provide you with the Plan for the duration of the Term.

2. Acceptance & Commencement of this Agreement:

  1. When you sign the Sign Up Form, you accept these Terms and Conditions.
  2. This Agreement starts once we accept your application to use the Postpaid Services. Your application will be accepted once we have satisfied ourselves, acting reasonably and in good faith, of your eligibility for the Postpaid Services, their availability to you and that you meet our standard credit requirements. Your Agreement with Bluesky commences on your acceptance of the Terms and Conditions.
  3. Variations:
    • These Terms and Conditions may be changed by Bluesky from time to time and without notice to you. For the most up to date version of these Terms, please visit our website at www.blueskysamoa.ws
  1. Availability:
  • The Plan is available to credit approved customers only. As part of the approval process, Bluesky may require that you provide a bond, or, it may rely on a bond from your existing Customer Account as security for payment under this Agreement. Subject to any Special terms that may apply from time to time, the Plan cannot be used in conjunction with any other plan or promotion for the same mobile connection to the Bluesky network. If you are continuing an existing Postpaid Mobile Plan, this Agreement supersedes any prior agreement you may have with Bluesky for the Plan.
  1. Postpaid Service Term: For each Postpaid Service:
  • You agree to purchase the Plan for the Initial Term. If the Plan is terminated by you before the end of the Initial Term, you agree to pay any Termination Fees.
  • The Initial Term will commence on the date we start providing Postpaid Services to you (or such other date specified in your Sign Up Form and continue until the expiry of the initial term (Initial Term); and
  • If you have not contacted Bluesky before the Term ends to ask for it to be cancelled, the Term will automatically continue on a month to month basis until this Agreement, or the Postpaid Service, is terminated in accordance with the Termination clauses of this Agreement (Extended Term).
  • If the Initial Term is not specified on the front page of your Sign up Form, then it is for 24 months.
  1. Credit Limit:
    • You will be notified of your credit limit when your application is accepted by us. We reserve the right to increase or lower your credit limit at any time and from time to time, without prior notice. You agree that your debt to us for the Postpaid Service we provide to you will not exceed your credit limit. Your credit limit, established at our discretion, relates to your current usage. Your use of the Postpaid Service may be restricted or suspended if your debt to us exceeds your credit limit. However, you will continue to be liable for all charges in excess of any credit limit in place. Any Postpaid Services that are restricted or suspended as a result of you exceeding your credit limit will be reinstated once your debt to us is reduced below the level of your credit limit.
  1. Commitments:
    • Our commitment to you:
  1. ​In consideration for the payment of the Monthly Fee when due, you will receive the allocated bundle of Data, Minutes and SMS applicable to the Plan.
  2. We will use our best efforts to ensure service reliability with your Plan. However, network coverage and many other factors may affect the availability and performance of the Plan. Also, all our mobile network services are subject to device capabilities, network limitations and availability. Therefore, we cannot guarantee that the Plan will provide you with continuous connectivity or be fault free.
  • Your commitment to us: You agree:
  1. To pay us all Fees and Charges for the Plan when due;
  2. Not tamper with the SIM including to remove, add or change the mobile telephone number encoded on the SIM;
  3. To follow our Acceptable Use Policy at all times when using the Plan;
  4. Not to damage, interfere with or modify the Bluesky network or any other connected network;
  5. Not to resell, assign or transfer the Plan to any third party;
  6. Not to use the Plan for any abusive, illegal or fraudulent purposes or in a manner which may cause damage to the Bluesky network, business or reputation;
  7. To be responsible for monitoring your usage on the Plan and acknowledge that Bluesky is not responsible for alerting you to any excess usage you may incur.
  8. Mobile plans and your allowance:
    • You may change between Mobile Plans only in accordance with the terms and conditions relating to the relevant Mobile Plan. You may have to give us a certain period of notice before you can change and Transfer Charges and/or Disconnection Fees may apply. It is your responsibility to check what, if any, special terms and conditions exist for different Mobile Plans and if there are any fees for changing between them.
      1. Any credit or other benefits from your existing Plan will be forfeited unless otherwise advised.
    • Should you choose to change from a higher tiered Postpaid Plan to a lower tiered Postpaid Plan a Transfer Charge applies. To find out the applicable Transfer Charge please refer to the relevant Schedule of Disconnection Fees and Transfer Charges published on the Bluesky Website or call Bluesky Customer Services from your Mobile Device.
    • If you choose to change from a Postpaid Plan to a Bluesky prepaid plan you will need to terminate this Agreement and sign up to a new agreement relating to the prepaid plan.
    • If you have a Minimum Term and you change plans before the end of the Minimum Term Termination Fees will apply.
    • The Allowance under your Postpaid Plan and each Add –On you subscribe to:
  9. will be refreshed at the beginning of each “billing quota refresh period”;
  10. may not be carried over from one billing period to the next unless the terms and conditions relating to your Plan or the relevant Add –On provide otherwise;
  11. may only be used in accordance with the terms and conditions of your original Plan or the relevant Add- On and may not be credited towards other charges including international calls, 0900 calls and special SMS code numbers;
  12. may not be transferred between Mobile Plans or to a prepaid plan;
  13. may not be redeemed for cash, phone equipment, Disconnection Fees, Transfer Fees or other Charges;
  14. cannot be transferred or assigned;
  15. expires on termination of this agreement and any unused part of your Allowance, such as voice minutes, will be forfeited on disconnection and you will not receive any refunds; and
  16. is subject to any other terms and conditions of your Base Plan and the relevant Add-On
    • If you use up your Allowance, or if you use services that are not included in your Allowance, overage charges or other Charges will apply to your use of those services except where those services are provided by us free of Charge. You can find these Charges on the Bluesky Website.
    • If you subscribe to any Add-On, you may have to pay the full Charge for your current billing period if you subscribe to that Add-On after your current billing period has commenced. Charges for Add-On will recur and be incurred every billing period unless you notify us in writing that you want to unsubscribe.
    • If you make a plan change, any reference to “Plan” in this Agreement will be a reference to the new plan and going forward any reference in this Agreement to Monthly Fee will be to the applicable Monthly Access Fee for the new plan.
  1. Data:
    • You use Data from when you connect to the internet to when you disconnect. We keep a record of the amount of data you use every month. Unless otherwise stated, Data usage is billed per megabyte blocks. Unless your Plan is a capped plan, if your usage is in excess of the Data allocated to your Plan, Excess Rates will apply to every megabyte of Data used in excess of the allocation. You are solely responsible for your Data usage, including monitoring your Data usage.
    • It is your responsibility to have sufficient protection and security measures in place as part of monitoring your Data usage. When using Data, some internet services, including web sites and email, may not be accessible.
    • Bluesky does not make any warranty regarding:
  1. accessibility to any content on the World Wide Web; and
  2. any software or data provided or available to you in connection with Data usage, including with respect to how that software or data operates on your Phone or interacts with applications on it.
  1. SMS:

SMS are limited to 160 characters each. SMS are billed per SMS successfully transmitted.

  1. Minutes:
    • You may make local and national calls using our Postpaid Services, including calls to landlines, numbers on other networks and other Bluesky numbers.
    • You can also make calls overseas if your Plan is activated for international calling.
    • Different Charges will apply depending on where you call (local, national or overseas) and what network the caller uses.
    • Call usage is billed in blocks of six (6) seconds. Usage is rounded up to the end of the current block.
  1. Excess Rates:
    • Unless your Plan is a capped plan, Excess Rates will apply to any Data, Minutes or SMS used in excess of the allocated bundle applicable to the Plan.
  1. Add on Bundles:
    • Add on Bundles can be purchased at their applicable rate and are added to the Customer’s Monthly Fee for the applicable month in which it was purchased. For our current Add on Bundles rates, visit our website at blueskysamoa.ws.
  1. Roaming:
    • You may request we activate roaming services for you so that you stay connected while overseas. If roaming services are activated for your Plan, you will be charged for Data, Minutes and SMS used at the applicable rates. For our current roaming rates, visit our website at  blueskysamoa.ws.
    • Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot offer any guarantees about the quality of Roaming services.
    • Some Services, such as video calling, may not be available while roaming.
    • The use by you of overseas telecommunication networks will be subject to the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement.
  1. Voicemail:
    • Voicemail is not included as part of the Postpaid Services provided by Bluesky.
  1. No rollover:
    • Unless otherwise stated for your Plan, unused credit does not roll over for use in following months, is forfeited and is not refundable.
  1. Fees and Charges:
    • You will pay the Monthly Fee set out in the Sign Up Form and any other Fees and Charges applied under this Agreement.  All Fees and Charges are subject to change, including the Monthly Fee and Excess Rates. A table of the Fees and Charges and any changes are available on Bluesky’s website: blueskysamoa.ws. Fees and Charges are payable through mobile banking (M-Tala), online banking or at any Bluesky shop.
  1. Billing:
    • Bluesky’s billing period is from the 21st of the month to the 20th month following. The Monthly Fee is billed in advance and is incurred irrespective of usage. Your first bill will include Fees and Charges from the date of activation of the Plan. Billing may be included and charged together with other Bluesky services supplied to you.
    • Paperless billing (ebill) is the default billing delivery method for Bluesky customers. You consent to having your bill delivered through ebill.
  1. Late Payment:
    • If you do not pay your bill for Fees and Charges when due or if the Customer Account is in arrears, we may suspend the Plan and/or any other services on your Customer Account without notice to you until payment is received.
  1. Mobile Device & SIM:
    • Bluesky has provided you with a SIM as part of the Plan.
    • Any SIM we supply to you remains our property and must be returned to us if this agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition.
    • You must inform us immediately if your Mobile Device or the SIM supplied to you is lost, stolen or damaged. You will remain liable for all Charges incurred in relation to the use of your Mobile Device or the SIM up to the time you inform us that your Mobile Device or SIM is lost or stolen and we activate a block on your Mobile Device, whether the Charges have been incurred by you or someone else.
    • If your Mobile Device is lost, stolen, damaged or destroyed, you will need to purchase a new Mobile Device and/or SIM if you wish to continue using the Services.
    • If equipment, including your Mobile Device and SIM, supplied to you by someone other than us does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment is damaged as a result of unauthorized use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment.
    • Any responsibilities we may have for a Mobile Device or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Device or other equipment.
  1. Ownership of Device:
    • You must pay the purchase price of any Mobile Device and/or other equipment you buy from us, which is the price agreed at the time of purchase. You cannot terminate this Agreement by returning any Mobile Device and other equipment to us. From the time we deliver the Mobile Device and other equipment to you, you will own the Mobile Device and other equipment and they will be at your risk.
    • Where the payment method for the purchase price of your Mobile Device or other equipment is on account (in other words, on your bill) you agree that:
  1. the full purchase price of the Mobile Device and/or other equipment will be debited to your Bluesky account when you accept this agreement,
  2. You are responsible for repaying the amount in full by the due date stated on your bill.
  • In order to make it easier for you to own a Mobile Device and other equipment we may offer a deferred payment method for the purchase price of your Mobile Device and other equipment by installments on your account (“Installment Payment/s”). Where you take up this offer you agree that:
  1. You will pay each installment amount set by us by the due date stated on your bill, until the balance owing has been repaid in full.
  2. the Mobile Device will remain on an eligible Bluesky Mobile plan at least until you have repaid all of the purchase price of the Mobile Device and/or other equipment to us.
  3. You will pay the late payment fee set out on Bluesky Website (ws) for each month that we do not receive your minimum Installment Payment on or before the due date stated on your bill, which reflects the actual costs to us in recovering the late payment.
  4. where you have not met your payment obligations to us we may, acting reasonably and in good faith, set-off payments we receive from you against any other amounts owed by you to Bluesky that have not been paid in full by the due date. This may cause your Installment Payments to remain unpaid and, as a result, you may incur late payment fees.
  5. if all or any part of an Installment Payment is not paid by its due date or you transfer your services to an ineligible Bluesky plan, we may suspend, withdraw or disconnect your Services; and
  6. if you are disconnected from the Network in accordance with the terms of this Agreement or decide to transfer to an ineligible plan, before all Installment Payments have been paid in full, Bluesky may aggregate on your Bluesky account, and you must pay by the due date, all amounts owed to us under this Agreement including, without limitation, the aggregated total of all unpaid Installment Payments.
  7. Damage or loss of Device:
    • If the Device is damaged or lost or stolen, you must promptly notify us. You must pay the Device Recovery Fee irrespective of whether the damage or loss is your fault or not. If you do not wish to continue the Plan, you must also pay the Termination Fee, whereupon the Plan will terminate.
  1. Publication of Mobile Number:
    • As a standard feature Bluesky sends the mobile telephone number allocated to the SIM every time you make a call.  The number may be displayed on the mobile of the party called if that person uses caller ID.  The number may also be sent to public safety officials if you dial 995 or other emergency services numbers.
  1. Security:
    • You are to keep your mobile device and SIM card secure at all times. We recommend that you use a PIN to restrict access to your Phone.
    • If your Phone or SIM card is lost or stolen, you must inform us immediately, which you can do by contacting 123. This is important as you will be responsible for paying all Fees and Charges incurred even if not authorized by you.
  1. Harm transmitted:
    • Bluesky is not responsible for any harm or loss you may suffer as a result of any virus or other manipulating programmer transmitted using our Postpaid Services or any spamming, abusive or other inappropriate communication to you by any person.
  1. Termination:
    • Either party may terminate this Agreement after the expiry of the Initial Term by giving 30 days’ notice in writing to the other party.
    • This Agreement may be terminated immediately by either party (“the First Party”) giving notice in writing to the other party (“the Other Party”) at any time without any further financial obligation, under the following circumstances.
  2. upon the Other Party committing any material breach of this Agreement which is incapable of being rectified;
  3. upon the Other Party committing any material breach of this Agreement which is not rectified within 30 days of written notice of the breach having been given to the Other Party by the First Party;
  4. upon the Other Party committing three or more material breaches of this Agreement in respect of which the First Party has given notice under clause 32.1 in any 12 month period;
  5. upon termination or suspension of the Other Party’s business as a result of bankruptcy, insolvency or similar event.
  6. upon the appointment of a receiver or manager of any asset of the Other Party, or an order made or resolution passed for the liquidation of the Other Party.
    • Termination of this Agreement for any reason shall not affect the rights or obligations of the parties in relation to any Services provided up to the date of termination.
    • Customer may choose to terminate this Agreement for convenience before the expiry of the Initial Term. In this case, Customer is liable to pay all remaining payments due under this Agreement from the date of termination to the end of the Initial Term.
  1. Bluesky remedies:
    • Bluesky may repossess the Phone, suspend or terminate any services it provides to you, including the Plan, for nonpayment of Fees and Charges due under this Agreement or on the Customer Account.  Should Bluesky take recovery action against you for unpaid fees, including the Fees and Charges, you agree to pay Bluesky’s reasonable recovery costs including repossession fees, solicitor and court fees.
  1. Storage, use and release of information:
    • Information we may have about you, including call log, Data usage and SMS usage information, is kept strictly confidential. However, we will, if required by law, release any information about you or related to your use of our Postpaid Services, e.g. to the Police. We may also use information we have about you for internal purposes, such as to review and improve our services or to develop marketing strategies.
  1. Disclosure for credit checks and reporting:
    • We may pass on your information to credit reporting organisations, financial institutions or other organisations with customer credit related data (together referred to as “organisations”) so that they can run credit checks on our behalf at any time. We may also let those organisations know if you have not paid our Fees and Charges. At any time, those organisations may pass on to us information about you that they hold. We will use that information to make decisions about providing or continuing to provide you with services. Those organisations may keep any information about you that we have passed on to them and use it for the purposes of their business, which may include supplying it to other entities that use their services. By accepting services from us, you agree to the disclosure and use of your information for these purposes.
  1. Bluesky SMS:
    • Bluesky reserves the right to send marketing/promotional/notification SMS to its customers. You can unsubscribe from receiving any such SMS by contacting the Bluesky Call Centre or selecting the unsubscribe to SMS broadcast option on our USSD menu or in the ‘other options’ tab of the MyBluesky app.
  1. Customer complaints:
    • If you have a concern or complaint regarding our Postpaid Services or any other services we may offer you may contact us on 123.
  1. Giving Notice

32.1. We may send you notice by sending you an SMS, by emailing or writing to you, by calling you or by publishing notices on the Bluesky Website.

  1. Force Majeure:
    • Neither party is liable to the other for a breach of contract for failing to meet its obligations under this Agreement to the extent that the failure was caused by an act of God or other circumstance beyond its reasonable control (“force majeure”).
    • Where a party is unable to perform its obligations under this Agreement as a result of a force majeure, that party must immediately upon becoming aware of the force majeure inform the other party.
    • Where a party has been unable to perform its obligations for a period of at least 30 days as a result of a force majeure the other party may immediately terminate this Agreement by giving notice in writing to the first party.
    • Nothing in this Clause shall excuse the Customer from any obligation to pay Bluesky for Services provided to the Customer under this Agreement
  1. Governing law:
    • These Terms are governed by the laws of the nation of Samoa.