One Business Mobile Terms and Conditions

 

Commencement and duration: This agreement shall commence when all the services are activated.

 

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 domain being blacklisted.

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

The Service, including any data bundles, may not be resold, redistributed, or offered for sale through any open market, online marketplace, or other means to third parties.

This prohibition on resale includes, but is not limited to, selling, leasing, renting, sublicensing, or otherwise transferring the Service or any portion thereof to another party

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 a 4G router device and mobile desk phone as per the agreement between both parties.

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 creation and use of their Service. 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 one time 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.

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.

 

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 rollover data has a 30-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.

 

Suspension and Termination:

If your account is found to be in violation, Telecel Ghana reserves the right to:

– terminate your service,

– suspend your user account, or

– restrict access to the platform, and

– take appropriate action against any commercial exploitation.

Telecel also reserves the right to terminate or withdraw any remaining portion of a customer’s bundle if it is determined that the service has been abused or misused in violation of these terms and conditions. Additionally, any illegal use of the Service shall result in the forfeiture of any refund claims on the part of the customer.

 

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 Customer agrees to inform Telecel immediately a device is lost or stolen as the Customer may be responsible for additional usage charges incurred, 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.