TERMS AND CONDITIONS

1. 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 any services as required, and at any time during the use of the services. By using Telecel services, the Subscriber is bound by these Terms and Conditions. Subscriber warrants that they have read, understood, and consented to these terms and conditions.

1. 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.
• 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.
• User Guide means a document describing the Telecel service, application, and use.
• 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.
• Installation Charges mean fees payable by a subscriber to Telecel for installation of services.
• 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.
• Community Shops Mean other points of contact for the sale of limited Telecel products and services.
• NCA means National Communications Authority.
• Network access means the Telecel network which provides the Services.

2. Performance of Telecel Network access

• 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.

3. Billing and terms of payment

• 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.

4. Prices

• 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.

5. Set-off

• 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.

6. Suspension and disconnection

• 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.

7. Recovery of Service

• 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.

8. Termination

• 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.

9. Assignment

• Telecel shall be entitled to procure third parties at any time to provide the services offered.

10. Maintenance of the Service

• 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.

11. Use of the Service

• 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:

1. • • 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.

• 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.

12. Liability

• 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 shall not be liable for losses suffered by a subscriber on any third-party platforms which are used on, or linked to the Telecel Network, products, or services.

13. General

• 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 Commercial 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

14. Warranty -SUBSCRIBER EQUIPMENT

• 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.

15. Jurisdiction

• These terms shall be governed by and construed in accordance with the laws of the Republic of Ghana.

16. Force Majeure

• 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.