One Business Fixed Terms and Conditions

 

Commencement and duration: This agreement shall commence when all the services are activated. For the website, the service shall continue for 12 months and shall be renewable and extended for a further term at the same rate.

 

Illegal use of Service: The Customer 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, Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, violates privacy, publicity, or other personal rights of others. The Customer is cognizant of the fact that the consequences of illegal usage could result in the Telecel’s domain being blacklisted.

The Customer shall not use the Service to transmit unsolicited spam and shall not forge email headers.

The Customer shall indemnify Telecel against any actions brought against it in respect of the Customer’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 Telecel may incur in any such action.

 

Performance of Telecel’s Network: Telecel’s services shall be provided over GSM, GPRS/EDGE/ 3G/ 4G networks for mobile and over fibre , copper or Radio for broadband services. The detailed functionality of the Service shall be at the discretion of Telecel.

The functionality and speed of transmission of the mobile solution will vary according to the Bearer Service utilized.

Telecel shall provide website development services as per the requirements and specifications agreed upon between both parties. Telecel will deliver the completed website to the Customer upon final approval of the design and functionality.

Telecel will connect the service in accordance with these terms and conditions and will endeavour to make the service available to the Customer.

Telecel shall use all reasonable efforts to always make the Services available to the Customer. However, due to technical and other constraints in respect of radio, fixed and other electronic communications and power, Telecel does not guarantee that the Services will be fault-free.

From time to time, it will be necessary to carry out maintenance, modification and testing of the network, during which time Telecel may carry out a planned disruption of the Services. Telecel may carry out planned disruption of the Service where (a) it is necessary to safeguard the security and integrity of the network, or (b) due to Emergency Planning Measures. Telecel shall endeavor to keep all such disruptions to a minimum.

 

Customer Obligations:  The customer is responsible for providing accurate and complete information required for the website development project and shall review and approve all the work done. By engaging our services, the customer acknowledges and agrees to promptly provide all essential business information and necessary feedback required for the timely development of the website. Failure to fulfil this obligation within six months of the engagement date will result in the forfeiture of any refund for payments made. The customer understands and accepts that any delays or limitations in our services resulting from the non-submission of required information shall not warrant any form of refund or compensation. Telecel reserves the right to modify or terminate the engagement if the necessary information is not provided within the specified timeframe. The Customer shall be responsible for keeping adequate records and identification of all its End Users as required by the NCA and the Customer undertakes to provide such information to any authorized government agency upon request.

 

SIM Cards and Registration: All SIM cards will be provided at an additional cost. The Customer shall ensure that SIM Cards allocated to its end users are only used with the Customer’s permission and shall inform Telecel within 5 (five) days after the Customer becomes aware that a SIM card is lost, stolen or damaged.

The Customer is responsible for all loss or damage suffered because of unauthorised use of SIM cards due to loss or theft which occurs before the SIM is reported as lost. The Customer undertakes that it shall make its End Users aware of this policy and shall accept liability for any such costs.

All SIM cards shall be used only for the service for which they are provided under this Service Order and not for any other purpose.

SIM cards shall not be transferable to End Users that are not in the Customer’s employment under any circumstances.

All SIM cards shall be registered in line with the requirements from the NCA. The Customer shall provide a business registration certificate as well as the Ghana Card of Two (2) delegates.

The Customer shall notify Telecel immediately of a change of delegate. Telecel will not be held liable if Customer fails to send notification of a change in delegate.

 

Charges and Payment:  All new Customers to the service will be required to make an initial payment for one (1) month of service. In addition to this the Customer will make payment for the installation of the service.

Any Access Fees and Installation Fees levied by Telecel pursuant to the Service are payable in advance of the Credit Period.

If the Customer cannot be served due to unavailability of network resources after payment has been made, then Telecel reserves the right to offer the One Business Mobile variant to customer of commensurate value. If the One business mobile variant offered is not acceptable, the Customer will be eligible for a refund.

The Customer shall make payments by cash,  direct debit or any other payment method deemed acceptable by Telecel.

Telecel reserves the right to vary the Charges and conditions associated with the Service periodically.

Customers 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. Telecel reserves the right to vary this charge.

If access is terminated under this Agreement for any reason whatsoever except for reason of breach by Telecel of any of its obligations herein, the remainder of the Fee in respect of the term shall become due and payable by the Customer to Telecel within seven days of the date of termination.

 

Fair Usage: Customers on the One Business Premium  offer have a Fair Usage Policy of  5TB applied on their data usage, covering the validity of the plan.

 

Warranty: Telecel warrants that it shall, for a period of one (1) year after the initial installation replace at its own discretion the broadband 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. 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 /misplaced or stolen.

 

Data Rollover: An Active Customer on a core One Business plan is eligible to rollover their Broadband data balance on said plan. Any data moved to mobile is not eligible for rollover. The Customer 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. The rollover data has a 45-day validity period however the Customer needs to reactivate their Core Plan prior to expiration to roll over the data. The data balance of the newly subscribed bundle takes priority over the previously rolled-over data.

The rolled-over data cannot be moved to mobile.

 

Intellectual Property: The customer will own the copyright to the final website design, content, and other materials provided for the project. However, the customer acknowledges that the hosting of the website domain remains a responsibility of Telecel for as long as both parties are bound by the contract.

 

Suspension and Termination:

Suspension occurs when a customer formally notifies Telecel that he/she is suspending usage of the Service for a period not exceeding three (3) consecutive months.

If the Customer chooses not to make use of the Service for the duration of the Credit Period and fails to inform Telecel, the Customer shall not be entitled to any credit or refund for any unused period.

Telecel reserves the right to terminate the Service to a Customer by giving one month’s written notice to the Customer or after the Credit Period has expired.

Telecel reserves the right to terminate the Access without notice if, in the opinion of Telecel, the Customer misuses or abuses the Service or has breached its obligation herein.

Misuse or abuse of the Service shall be determined by Telecel and there shall be no refunds or reimbursements of charges and fees should the Service be terminated under such situations.

The Customer who wants his/her terminated service re-activated shall pay the full installation fees.

The Customer will be required to pay a reconnection fee if their account is not renewed more than 30 consecutive days after the account expires.

If the Customer’s fixed broadband account is inactive for more than eighteen (18) months, Telecel reserves the right to permanently disconnect the Customer from the service.

If the Customer’s fixed broadband account is inactive for more than 180 days within the first year of subscribing to the service, Telecel reserves the right to recover 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.

Telecel may immediately without notice, suspend the Service to the Customer wholly or partially for any reason, including without limitation, where the Customer engages in any activity (or permits any activity) which Telecel (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.  Telecel reserves the right to fully defend its position and take such further action as it considers necessary for this purpose.

 

Confidentiality:  The parties shall preserve, safeguard and keep in confidence all of the Confidential/Proprietary Information of the other party that is disclosed pursuant to this Agreement. Except as otherwise provided herein, each Party may use Confidential/Proprietary Information received from the other Party solely for the purposes hereunder and in the event that this Agreement is terminated howsoever, each party, at the request of the other, shall return or destroy Confidential/Proprietary Information received from the other party and any copies thereof including but not limited to documents or materials created by the receiving party which comprise, contain or otherwise disclose Confidential/Proprietary Information of the disclosing party.

 

Mobile Devices and Equipment: The standard warranty for all handsets provided by Telecel is 12 months.

Warranty does not apply where the device is destroyed by power surge, vandalized, not treated as advised in the user guide, by Customer’s negligence, or is misplaced or stolen.

Telecel provides loan devices to in-warranty device owners during the period that their faulty devices are undergoing repairs. It is subject to stock availability and users of loan devices are exclusively responsible for their safe keeping.

During the term of the contract and before expiry, if the Customer requires a new device, the outstanding on the existing device must be paid off.

The Customer agrees to inform Telecel immediately a device is lost or stolen as the Customer may be responsible for additional usage charges incurred in excess of rate plan charges, applicable taxes, fees, and surcharges before notification is given. If Charges are incurred before the Customer notifies Telecel, the Customer will not be liable for unauthorized charges, however, the fact that the Customer’s device or account was used is some evidence of authorization. The Customer agrees to cooperate with Telecel and provide information for any investigations.

 

Force Majeure:   Neither Party shall be liable for any breach of this Agreement caused by act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, compliance with any statutory obligation, industrial disputes of any kind (whether or not involving Customer or Telecel’s employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, fiber disruption, vandalism, acts or omissions of persons for whom neither Party is responsible or any other cause whether similar or dissimilar outside its reasonable control and any such event or circumstance is a force majeure.

The Party claiming relief under this clause shall promptly notify the other in writing of the existence of the Force Majeure Event relied on, the anticipated length of delay, the cause of the delay and a timetable by which any remedial measures will be implemented. If the Force Majeure Event is not remedied within one month either party may terminate the service forthwith upon providing written notice thereof to the other Party. The Party initially affected by a force majeure shall promptly notify the other of the estimated extent and duration of its inability to perform or delay in performing its obligations (“force majeure notification”). Upon cessation of the effects of the force majeure the Party initially affected by a force majeure shall promptly notify the other of such cessation.

 

 Jurisdiction This contract shall be governed by and read in accordance with the laws of the Republic of Ghana.