Fixed Services Terms And Conditions
Fixed Services :Terms And Conditions
The Subscriber, by activating or using or paying for this Telecel service, shall not only subscribe to the Provider’s Telephone Line and related internet access service but agrees to be bound by the Terms and conditions set out below:
- Definitions
1.1 “The Provider” means Ghana Telecommunications Company Limited (Telecel ), its subsidiaries, successors or assigns who supply Internet access services.
1.2 “The Service” shall mean the provision of the facility by the Provider to allow the subscriber access to the Internet and provision of on-line services.
1.3 “The Subscriber” shall mean the legal entity or person who enters into this agreement with the Provider.
1.4 “Access” means connection access to the world-wide computer network known as the Internet through the Provider.
1.5 “Fee” means that amount in respect of providing Access as specified in the Particulars.
1.6 “Spam” means unsolicited and/or unwelcome advertising material or information, usually sent via e-mail or newsgroup.
1.7 “Credit Period” shall mean the Time Period for which access to the Service has been paid by The Subscriber.
- “Dormancy” means the Time Period after the credit period elapses.
- Illegal use of Service
2.1 The Subscriber shall not use the Service for any illegal activity. This includes, but is not limited to, illegal transactions or illegal entry to unauthorized sites anywhere on the Internet. Illegal transactions include the use of the Service in credit card fraud, all forms of trafficking (e.g., child and drug trafficking) on the internet, especially with Provider’s domain @Telecel.com.gh. The Subscriber is cognizant of the fact that the consequences of illegal usage could result in the Provider’s domain being blacklisted.
2.2 The Subscriber shall not use the Service to transmit unsolicited spam and shall not forge email headers.
2.3 The Subscriber shall indemnify the Provider against any actions brought against it in respect of the Subscriber’s acts, omissions including, but not limited to, defamation or breach of copyright arising from such acts or omissions; and against all costs, charges, claims, demands, damages and expense which the Provider may incur in any such action.
- Confidentiality
3.1 The Subscriber shall maintain the confidentiality of passwords and other access codes to the Service and take reasonable precautions to avoid the disclosure of these and other confidential information relating to the Service.
3.2 The Subscriber shall not transfer their right to use the Service to any other person without obtaining The Provider’s written consent subject to any conditions The Provider may require.
3.3 The Subscriber shall not in any way resell or redistribute the Service to any other person unless it is so disclosed at the time of the application and the Subscriber obtains the written consent of The Provider.
3.4 The Subscriber is solely responsible for the activities of any persons whom the Subscriber allows, by any act or omission whether negligent or otherwise, to access the Subscriber’s account.
3.5 The Subscriber undertakes and agrees that The Provider does not and cannot monitor or control the content and information accessed via the Internet and that The Provider shall not be held responsible in any way for content or information accessed via the Internet.
- Disclaimer and Indemnification
4.1 The Provider disclaims any and all liability for the contents of material that the Subscriber may find inappropriate, offensive, inflammatory or adult in nature.
4.2 The Service Provider shall not be liable for any damage caused to the Broadband modems, radio receiver or any other equipment on the Subscriber’s premises as a result of any power fluctuations or outages or as a result of vandalism or theft or other unforeseen events. The Subscriber has a duty to secure adequate protection for all devices on his/her premises. Equipment that is damaged as a result of the Subscriber’s failure to take precautionary measures may be replaced by the Provider but at the Subscriber’s cost.
4.3 Broadband connection will be provided subject to technical feasibility. Telecel will not be held responsible in the event that service is denied on this ground.
4.4. Indemnification
Subscriber agrees to indemnify and hold harmless Telecel and its members, managers, directors, officers, employees and affiliates from and against all taxes, losses, damages, liabilities, costs and expenses, including lawyers’ fees and other legal expenses, arising directly or indirectly from or in connection with: (i) any negligent, reckless or intentionally wrongful act of Subscriber or Subscriber’s assistants, employees or agents; (ii) any breach by the Subscriber or Subscriber’s assistants, employees or agents of any of the covenants contained in this Agreement; (iii) any failure of Subscriber to use the Services in accordance with all applicable laws, rules and regulations; or (iv) any violation or claimed violation of a third party’s rights resulting in whole or in part from Subscriber’s use of the Services.
- Instability of Service
5.1 The Service may be unavailable at times either due to scheduled maintenance, upgrades, operational reliability, weather conditions, Line of Sight obstruction, or due to factors beyond the Provider’s control.
5.2 The Provider makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability or non-performance of the Service. Nor shall it be held responsible for any loss or inconvenience suffered by the Subscriber due to lack of availability of the Service.
5.3 The Provider shall use all reasonable efforts to provide at least twenty-four (24) hours’ notices of any disruption to the Service. The Subscriber acknowledges that it may not be possible for the Provider to give any notice at all under certain circumstances.
5.4 The Provider offers Call Centre support from 7AM – 8PM daily with Call Centre Digital support available twenty-four (24) hours daily.
- Charges and Payment
6.1 All new Subscribers to the service will be required to make an initial payment for one (1) month of service plus installation fee.
6.2 Any Access Fees and Installation Fees levied by The Provider pursuant to the Service are payable in advance of the Credit Period.
6.3 The Subscriber shall make payments by cash, cheque in the case of a Corporate Customer, direct debit or any other payment method deemed acceptable by the Provider.
6.4 The Provider reserves the right to vary the Charges and conditions associated with the Service periodically.
6.5 Subscribers may choose to pay a Vacation Fee to have their accounts suspended temporarily. Each account will be allowed a maximum of 3 months of Vacation in a year. The vacation can only be requested in monthly increments. The Provider reserves the right to vary this charge.
6.6 If Access is terminated under this Agreement for any reason whatsoever except for reason of breach by The Provider of any of its obligations herein, the remainder of the Fee in respect of the Term shall become due and payable by the Subscriber to the Provider within seven days of the date of termination.
- Suspension and Termination
7.1 The Subscriber may issue written notice of their intention to terminate usage of the Service. Termination shall take effect from midnight on the last day of the Credit Period. Suspension occurs when a subscriber formally notifies The Provider that he/she is suspending usage of the Service for a period not exceeding three (3) consecutive months.
7.2 If the Subscriber chooses not to make use of the Service for the duration of the Credit Period and fails to inform The Provider, the Subscriber shall not be entitled to any credit or refund for any unused period.
7.3 The Provider reserves the right to terminate the Service to a Subscriber by giving one month’s notice to the Subscriber or after the Credit Period has expired.
7.4 The Provider reserves the right to terminate the Access without notice if, in the opinion of the Provider, the Subscriber misuses or abuses the Service or has breached its obligation herein.
7.5 Misuse or abuse of the Service shall be determined by The Provider and there shall be no refunds or reimbursements of charges and fees should the Service be terminated under such situations.
7.6 The Provider may, without notice, deny or restrict Access to the Service at any time should the Subscriber fail to make full payment of any outstanding Charges in respect of Telephone (Voice) Calls.
7.7 The Installation Fee is not refundable. The initial ADSL modems and customer premise equipment (CPE) costs shall be revised from time to time, and the Subscriber shall be provided with thirty (30) days’ notice.
7.8 A Subscriber who wants his/her terminated service re-activated shall pay the full installation fees.
7.9 A Subscriber will be required to pay a reconnection fee if their account is not renewed more than 30 consecutive days after the account expires.
7.10 If the Subscriber’s fixed broadband account is inactive for more than eighteen (18) months, the Provider reserves the right to permanently disconnect the Subscriber from the service.
7.11 If the Subscriber’s fixed broadband account is inactive for more than 180 days within the first year of subscribing to the service, the Provider reserves the right to recover the FTTH/Radio customer premise equipment (CPEs) and any other devices provided to the Customer, after which the Customer shall be expected to pay for the CPE at a cost which may be revised from time to time.
7.12 The Provider may immediately without notice, suspend the Service to the Subscriber wholly or partially for any reason, including without limitation, where the Subscriber engages in any activity (or permits any activity) which the Provider (as it, in its sole discretion shall determine ) considers (a) to be contrary to existing legislation or regulations applicable to provision of the Service or (b) is or likely to have an adverse impact on the quality of the Service or the integrity of the Telecel Network. Such activities may include (but are not limited to) using the Service to make calls to or from any Mobile Gateway, “SIM box” or similar or related devices. The Provider reserves the right to fully defend its position and take such further action as it considers necessary for this purpose.
- Fair Usage
8.1 Subscribers on the One Family Extra Large offer have a Fair Usage Policy of 1035GB applied on their data usage, covering the validity of the plan.
8.2 Subscribers on the Unlimited Weekend offer have a Fair Usage Policy of 100GB applied on their data usage, covering the validity of the plan.
8.3 Subscribers on the Unlimited Daily offer have a Fair Usage Policy of 100GB applied on their data usage, covering the validity of the plan.
- Execution
9.1 The Terms and Conditions of Service are deemed to have been executed and agreed, upon the Subscriber’s use of the Service.
- Settlement of Disputes
10.1 Any disputes arising from or in connection with this agreement shall be settled amicably between the parties herein.
10.2 If it is not so resolved, the dispute shall be settled in accordance with the provisions of the National Communications Regulations 2003 (LI 1719). The cost of the mediation, if any, shall be shared equally by the Parties.
- Force Majeure
11.1 Neither the Provider nor the Subscriber shall be liable for any failure to perform any of its obligations under these Terms & Conditions arising from circumstances outside its reasonable control including (without limitation) Acts of God, states of war (declared or undeclared), weather conditions, fire, flood, strikes, lockouts, Government actions, accidents and so on. If such circumstances continue for more than fourteen (14) days, either party may terminate all or any part of this contract by five (5) days written notice.
- Waiver
12.1 Waiver by either the Provider or Subscriber of a breach or default by the other party shall not be regarded as a waiver of any subsequent breach or default nor shall any delay in exercising a party’s rights operate as a waiver.
- Notice
13.1 All notices to, and other written communication between the Provider and Subscriber shall be deemed received:
- When personally delivered by messenger, or by mail, or by facsimile with transmission and electronic confirmation of receipt; or
- Seven (7) days after being sent by courier service or registered or certified mail, return receipt requested; or
- When actually received, if given in any other manner. All such notices and other communications shall be sent to the addresses of the parties set forth below, or to such other places as they may by notice specify from time to time.
For the Provider:
Customer Experience Manager
Telecel HQ
Manet Tower A
Airport City, Accra; and
PMB 221, Accra-North
For the Subscriber:
To the address indicated on the Subscriber’s Application Form.
- Applicable Law
14.1 These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of Ghana.
- Amendment
- The Provider reserves the right to amend these Terms and Conditions.
- Warranty and Disclaimer of Warranties
16.1. Telecel warrants that it shall, for a period of one (1) year after the initial installation replace at its own discretion the FTTH customer premise equipment (CPEs) provided to the Customer after which the Customer shall be expected to pay for the CPE at a cost which may be revised from time to time.
16.2 The Customer shall lose the right of Warranty where a power surge protector is not used, and the CPE is destroyed or the CPE is vandalized or misplaced or stolen.
16.3. Disclaimer of Warranties:
16.3.1. The subscriber is using the Services at their own risk. Unless expressly set out in these Terms and Conditions, the Services are provided on an “as is” and “as available” basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, the Provider (including its past, present, and future parents, subsidiaries, affiliates, related entities, as well as all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
16.3.2. No one is authorized to make warranties on the Provider’s behalf. The provider does not guarantee that the Services will meet subscriber’s requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components.
16.3.3. There is no security or protection guarantee against unauthorized access to the Subscriber’s Services, personal information, or Account. The Provider does not guarantee that the Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss.
16.3.4. The Provider also does not guarantee that the Services will be interoperable with Subscriber’s hardware or software and that incompatibility won’t lead to damage or loss of data.
- Limitation of Liability
17.1. The Subscriber hereby agrees that:
17.1.1. Telecel shall not be liable for any indirect or consequential loss (including any loss of profits, loss of business or loss of goodwill where such losses are indirect or consequential) from Subscriber’s use of the Service.
- Telecel has no control over the acts and conduct of third parties. Thus, it is not responsible for losses incurred as a result of your or a third-party’s use of the Service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account;
- Telecel shall under no circumstances accept liability for any consequential loss, lost profit, or loss of data. Telecel shall not be liable for any damage caused by any use of its services which is illegal or not in accordance with these terms and conditions or other instructions with respect to specific services.
- Telecel gives no undertaking, accepts no liability, and does not warrant that information made accessible over the network access shall be accurate, complete, up to date, legal and proper, available, or provided on time. Telecel shall not refund any fees and accepts no liability for damage resulting from activities on its network.
- If Subscribers use their access to the network to purchase goods or services from third parties, Telecel shall not be liable, neither does it provide warranty for such services or goods purchased or ordered over the network.
- Telecel’s liability to the Subscriber, regardless of the form of action and whether the liability arises in contract, tort, strict liability, breach of warranty or otherwise, shall be limited to damages in an amount equivalent to total charges applicable to the specific service for the period when the service was active.
- Data Rollover
18.1. An Active Subscriber on a Core Plan (Standard, One Family Plans and Radio Plans), excluding Non-Expiry plans, is eligible to rollover their data balance on said plan.
18.2. The Subscriber needs to make payment within the 30-day Core Plan validity period or 7-day grace period extension to be eligible to rollover the data balance.
18.3. The rollover data has a 45-day validity period however the Subscriber needs to reactivate their Core Plan prior to expiration to roll over the data.
18.4. The data balance of the newly subscribed bundle takes priority over the previously rolled-over data.
18.5. The rolled-over data cannot be moved to mobile.
TELECEL BROADBAND – TERMS AND CONDITIONS
- Scope
These Terms and Conditions govern the use of all services offered and operated by Ghana Telecommunications Company Limited (Telecel). Subscriber hereby undertakes to provide all information as required by Telecel before activation of services and at any time during the use of the services.
By activating, using or purchasing Telecel’s services, the Subscriber is bound by these Terms and Conditions. Subscriber warrants that they have read, understood, and consented to these terms and conditions.
- Definitions
“Services” mean telecommunications services provided by Telecel including fixed line, SIM Card for mobile, Broadband and any other services as Telecel may from time to time provide.
“Installation Charges” mean fees payable by a subscriber to Telecel for installation of services.
“Subscriber” means a natural or legal person who uses any Telecel services.
“Subscriber Equipment” means SIM cards, Mobile Desk Phones (MDP), a fixed line using the mobile technology, Mobile Modem (device) used for mobile internet access (Dongle), Netbook and other communication devices and accessories specifically approved and supplied to the subscriber by Telecel.
“Fees /Charges” include costs, rates, charges, and installation charges levied from time to time by Telecel and its regulators in accordance with the schedule of tariffs and in the form published from time to time.
“User Guide” means a document describing the Telecel service, application, and use.
“Registration form” means a structured form containing required registration details and acceptance of these terms and conditions by the subscriber.
“Retail shops” mean point of contact for the sale of Telecel products and services.
“NCA” means National Communications Authority.
“Network access” means the Telecel network which provides the Services.
- Performance of Telecel Network access
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- Telecel shall subject to these terms and conditions, establish, and maintain the connections and shall endeavour to make the service available to the subscriber.
- The Subscriber recognises that the service by its very nature may be adversely affected by natural and or man-made physical structures, atmospheric conditions, natural phenomena and may fail or require maintenance without notice.
- Telecel shall not be liable for any disruption due to the above or for any interruption, suspension or termination of the service necessitated by order of the Government of Ghana or the NCA.
- Telecel shall allot telephone numbers to customers for their exclusive, non-transferable use from the number blocks assigned to it by the NCA.
- Subscribers are not entitled to a specific telephone number. The number allotted does not become the Subscriber’s property and the same cannot therefore be sold, pledged, passed on by inheritance or otherwise transferred to third parties without the express permission of Telecel.
- Telecel may change Subscribers’ telephone numbers for operational or technical reasons or where required by the authorities and regulators, without any liability and without paying compensation.
- Billing and terms of payment
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- Telecel shall issue invoices/bills or make deductions to a Subscriber’s account based on the record of consumption of the subscriber where necessary.
- Notwithstanding objections that may be raised by Subscribers, the invoiced amounts must be paid by the due date specified on the invoice or within the prescribed payment period.
- Subscriber may lodge written objection to any invoiced or deducted amounts within the prescribed period of payment and before the expiry of same.
- On expiry of the said period, the Subscriber is deemed to have accepted the invoiced or deducted amounts, and no objection raised after the said period shall be entertained.
- Where Subscribers have neither paid the amounts invoiced or outstanding, nor raised objections to same in writing by the due date, Telecel reserves the right to discontinue the services it provides (e.g. by blocking all access to fixed networks), take other measures to prevent loss or damage, and terminate the service without notice and without liability.
- The Subscriber shall bear any cost incurred by Telecel as a result of late payment of bills and fees. Telecel reserves the right to resort to any legal means to recover unpaid bills.
- Telecel may demand payment in advance or payment of a deposit for access to certain services, where required.
- Prices
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- Telecel shall determine from time to time the prices at which its services shall be provided.
- By accessing the services offered, Subscriber accepts to pay the current prices. If Telecel reduces its prices, it may simultaneously vary any discounts granted prior to the price reduction.
- Telecel reserves the right to revise the fees, tariffs, costs, rates, and charges from time to time and such revisions may be advertised by Telecel.
- Set-off
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- The Subscriber shall not be entitled to offset sums due to Telecel against any sums due to them in other transactions with Telecel.
- Telecel reserves the right to set off sums due to Telecel against sums owed to Telecel by the subscriber irrespective of the transaction.
- Suspension and disconnection
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- Telecel may immediately, without notice, suspend the service to a Subscriber wholly or partially for any valid reason, including without limitation, where the Subscriber engages in any activity (or permits any activity) which Telecel (as in its sole discretion shall determine) considers (a) to be contrary to existing legislation or regulations applicable to provision of the Service or (b) is or is likely to have an adverse impact on the quality of the Service or the integrity of the Telecel network.
- Such activities may include (but are not limited to) using the Service to make calls to or from any Mobile Gateway, ‘SIM box’, VoIP bypass or similar or related devices.
- Telecel reserves the right to fully defend its position and take such further action as it considers necessary for this purpose.
- If there is evidence or if it comes to the notice of Telecel that the services provided are being used unlawfully, Telecel may either request the Subscriber to desist, or terminate the use of the service without any liability.
- Where a Subscriber is or is likely to breach the provisions of these terms and conditions or provides inaccurate or incomplete information where required, and the service is terminated, Subscriber shall still be liable to pay any sum of money due to Telecel for the services used.
- Recovery of Service
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- A subscriber is required to notify Telecel in writing if they wish to vacate a service for any given period. The subscriber shall be deemed to have vacated a service that remains unused for 6 months or more without notice.
- Telecel reserves the right to recover and re-allocate a pre-paid service that has not seen payment for 6 months and over without written notice.
- Telecel reserves the right to recover and re-allocate a post-paid service that remains unused and does not generate new charges for a period of 6 months and over without written notice.
- The Subscriber shall be responsible for updating his/her bank account records and all other records in the event that the Subscriber vacates the service, and the numbers are churned.
- On vacation of the service, Telecel shall not be liable for any losses or data breaches that may occur as a result of the Subscriber failing to update his/her records with any bank or other institution.
- Termination
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- A Subscriber may provide Telecel with notice in writing of its intention to vacate the use of a service.
- Any such notice does not absolve any Subscriber from paying his/her accrued bills or any other obligation that may have accrued prior to the vacation of the service.
- Where a fixed line service is vacated in less than 6 months after commencement, the Subscriber shall be liable to pay the equivalent of 6 months of rental charges before the subscription shall be cancelled.
- The Subscriber shall be liable to Telecel for all costs including legal fees reasonably incurred by Telecel in enforcing its rights and the cost of recovery of monies owed.
- Assignment
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- Telecel shall be entitled to procure third parties at any time to provide the services offered.
- Maintenance of the Service
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- Telecel shall undertake routine maintenance of its entire network. Telecel shall accept fault reports on its hotline.
- Telecel shall repair faults which are within its control in a reasonable time using all reasonable means at its disposal during business hours. If Telecel is called in to repair a fault for a specific service, the cause of which lies outside its network, the cost incurred shall be charged to the Subscriber.
- Use of the Service
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- Telecel reserves the right to issue instructions regarding use of its services as it may from time to time consider necessary to maintain the integrity, quality, and safety of the service for all subscribers and such instructions shall be binding upon the Subscriber and be deemed to form an integral part of these terms and conditions.
- The Subscriber shall be personally responsible for the use of all the services on the subscriber equipment and shall neither use nor permit a third party to use subscriber equipment, or the service for:
- sending abusive, offensive, indecent, obscene, or menacing messages or communications; or
- eavesdropping, intercepting, or learning the contents of any message on the network:
- persistent calls that may cause annoyance, inconvenience, or needless anxiety to any person; or
- any improper, immoral, or unlawful purpose.
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- Telecel reserves the right to treat the use of the service in any such manner as a ground for the suspension or termination of the service.
- Subscribers shall be solely responsible for the purchase, installation, operability, and legality of their subscriber equipment. They shall only connect equipment that complies with telecommunications standards and legislations to the network.
- Third Party Rights
These terms and conditions do not give rise to any third party being a third-party beneficiary of these terms and conditions being entitled to any rights whatsoever, including, but not limited to, the right to enforce any of part of said terms and conditions.
- Limitation of Liability
The Subscriber hereby agrees that:
- Telecel shall not be liable for:
- any indirect or consequential loss (including any loss of profits, loss of business or loss of goodwill where such losses are indirect or consequential) from Subscriber’s use of the Service.
- Service impairments, interruptions, lost, altered or misdirected transmissions or messages.
- Interoperability or interconnection problems including problems caused by faults in applications, equipment, services or networks provided the Subscriber or a third party.
- Inability of the Subscriber to access or interact with other service providers, networks, users, content or services
- Content service interactions with a third party, even if hosted, cached, supported or otherwise enabled by Telecel.
- Services, equipment, merchandise, information or software provided by third parties
- Unauthorized access by a third party to the Customer’s transmission equipment or premises
- Unauthorized access to , alteration, theft, loss or destruction to the Subscriber’s, or any third party’s networks, systems, content, applications, data files, programs, procedures or information by any means including accidental or fraudulent means or devices.
- Telecel has no control over the acts and conduct of third parties. Thus, it is not responsible for losses incurred as a result of your or a third-party’s use of the Service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account;
- Telecel shall under no circumstances accept liability for any consequential loss, lost profit, or loss of data. Telecel shall not be liable for any damage caused by any use of its services which is illegal or not in accordance with these terms and conditions or other instructions with respect to specific services.
- Telecel gives no undertaking, accepts no liability, and does not warrant that information made accessible over the network access shall be accurate, complete, up to date, legal and proper, available, or provided on time. Telecel shall not refund any fees and accepts no liability for damage resulting from activities on its network.
- If Subscribers use their access to the network to purchase goods or services from third parties, Telecel shall not be liable, neither does it provide warranty for such services or goods purchased or ordered over the network.
- Indemnification
Subscriber agrees to indemnify and hold harmless Telecel and its members, managers, directors, officers, employees and affiliates from and against all taxes, losses, damages, liabilities, costs and expenses, including lawyers’ fees and other legal expenses, arising directly or indirectly from or in connection with: (i) any negligent, reckless or intentionally wrongful act of Subscriber or Subscriber’s assistants, employees or agents; (ii) any breach by the Subscriber or Subscriber’s assistants, employees or agents of any of the covenants contained in this Agreement; (iii) any failure of Subscriber to use the Services in accordance with all applicable laws, rules and regulations; or (iv) any violation or claimed violation of a third party’s rights resulting in whole or in part from Subscriber’s use of the Services.
- General
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- Specific services offered by Telecel have specific terms and conditions which are supplementary to these general terms. Where there appear to be contradictions, the specific terms apply.
- The Subscriber agrees that any information submitted to Telecel, including personal details and transactions will be recorded and kept for record keeping purposes for a period of 6 years from date of disclosure.
- The Subscriber agrees that information provided, developed, kept whilst using the service, including personal information, may be processed as part of aggregated anonymized data to be used for the purposes of the business.
- Telecel may be required to share Subscriber information with government agencies, authorities, regulators and other third parties. By accessing the services provided, the Subscriber consents to the sharing of this data for whatever purpose it is required.
- Any dispute arising out of or in connection with services provided shall be settled amicably, failing which the parties shall submit to the Courts of Ghana.
- It is the Subscriber’s duty to acquaint itself and to comply with all applicable requirements and restrictions imposed by the Government of Ghana and other applicable authorities including the NCA relating to the use of the services.
- Information contained in Telecel promotional material, advertisement, and publicity campaigns, are for information purposes only.
- Any failure or delay by Telecel to exercise any option or right or remedy arising out of the provision of any service shall not operate as a waiver, continuing or in the future.
- In case of re-subscription irrespective of the reason for cancellation of the previous service, the Subscriber shall not necessarily get back the previous service number.
- Telecel reserves the right to vary its services, prices, and terms and conditions at any time. Telecel may notify Subscribers of any such changes.
- Where rates of tax and duties (in particular, Value-added tax and National Insurance Levy) are varied, Telecel shall be entitled to adjust its tariffs accordingly.
- Subscriber complaints on service related issues maybe reported to short code 100, Non Telecel Mobile Users 0505555111, WhatsApp: 050 100 0300 or tweet at us @AskTelecelgh
- Warranty -SUBSCRIBER EQUIPMENT
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- Telecel issued subscriber equipment shall come with manufacturers warranties.
- This warranty does not apply where the subscriber equipment is destroyed by power surge, vandalized, misplaced, or stolen.
- Disclaimer of Warranties:
- The subscriber is using the Services at their own risk. Unless expressly set out in these Terms and Conditions, the Services are provided on an “as is” and “as available” basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, the Provider (including its past, present, and future parents, subsidiaries, affiliates, related entities, as well as all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
- No one is authorised to make warranties on the Provider’s behalf. The Provider does not guarantee that the Services will meet subscriber’s requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components.
- There is no security or protection guarantee against unauthorized access to the Subscriber’s Services, personal information, or Account. The Provider does not guarantee that the Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss.
- The Provider also does not guarantee that the Services will be interoperable with Subscriber’s hardware or software and that incompatibility won’t lead to damage or loss of data.
- Governing law, Jurisdiction and Language
These terms shall be governed by and construed in accordance with the laws of the Republic of Ghana, and the governing language shall be English.
- Force Majeure
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- Telecel shall not be liable if the provision of the service is temporarily interrupted, restricted in whole or in part or it is impossible to access the service as a result of Force Majeure. Force Majeure denotes an event, the pernicious effect of which is beyond the reasonable control of any party and it shall include but not be limited to any decision of the NCA or any department of state, acts of God, war, hostilities, act of public enemy, civil commotion, sabotage, fire, flood, earthquake, explosion, epidemic, strike and lock-out, terrorism, power failure, and cyber-attack.