Description of Service:
Provision of Internet service based on satellite technology with dedicated upload and download rates depending on the subscribed bandwidth rates.
The transmission period will be 24 hours per day throughout the term. The service will be provided using our preferred satellite backbone network or any satellite backbone network that we may in our sole discretion use from time to time to provide the Service.
The SUBSCRIBER shall pay the amounts as guided in the Service Order on the dates set out therein.
If any sum payable by the SUBSCRIBER is not received by us in cleared funds within thirty days of the date on which the invoice was issued and forwarded to the SUBSCRIBER, the service shall be terminated. Minimum of three (3) months advance subscription is required on sign up.
- All sums payable under these terms and conditions are exclusive of VAT and subject to 10% withholding tax which may be charged to us during the Term and relate to payments for or provision of the Service provided the Subscriber has appropriate documentations.
- All sums due under these terms and conditions shall be paid in full without setoff, counterclaim or other deduction unless as mutually agreed by both Parties.
- Any sum falling due on a day which is not a Business Day shall be payable on the immediately following Business Day.
Charges for all the services shall be in Naira.
Product Warranties and Maintenance
All equipment installed at the premises of the Subscriber will remain proprietary to us unless the Subscriber has made payment in full to us for the equipment
We warrant that:-
During the Warranty Period, the modem shall be free from any defects in workmanship and materials. “Warranty Period” means the period from the time of delivery to the Subscriber and for a period of six (6) months thereafter;under this warranty, we shall, at our sole option and expense, repair or replace any IDU found to be defective during the Warranty Period. The Subscriber shall be responsible for returning the IDU to our premises at the Subscribers expense. The Subscriber shall collect the repaired or replaced IDU from our premises at the Subscriber’s expense. If we determine that the IDU is not defective within the terms of the warranty, the Subscriber shall pay all cost of handling, transportation and labour at our prevailing rates.
This warranty and Subscriber’s remedies there under are solely for the benefit of the Subscriber and shall not be extended to any other person for any reason whatsoever. This warranty shall not apply to any IDU that:
- Has had the serial number, model number or any other identification markings removed or rendered illegible;
- Has been damaged by improper operation, maintenance, misuse, accident, neglect, failure to continually provide a suitable operating environment (including necessary ventilation, electricity, protection from power surges, cooling and/or humidity), or from any other cause beyond our reasonable control, including force majeure, and without our fault or omission or negligence;
- Has been used in a manner not in accordance with the instructions supplied by us or as specified for its intended use by us;
- Has been subject to the opening of any sealed components without our prior written approval;
- Has had changes made by the Subscriber to the physical, mechanical, electrical, software or interconnection components without written authorization by us to do so; or
- Has been repaired or otherwise altered by anyone not under the control of, or not having our written authorization to do such repair or alteration.
The Subscriber warrants that:
It has adhered to the minimum hardware and software configuration and system requirements as recommended by us; and it understands the features and benefits of the service class that it has subscribed to.
The provisions of this section shall survive the expiration or any termination of this agreement for any cause.
We shall operate a 24 hour service centre which is reachable via telephone.
Availability of Services:
- We will use its best efforts to make the service available to subscribers, and keep the service available to such subscribers at all times (24x7x365). However, the Subscriber agrees that we will not be liable in respect of any loss or damage caused by or arising from the unavailability of, or any interruption in the use of the service for any reason whatever. This exclusion of our liability for loss or damage will include (but is not limited to):
- losses caused by our negligent acts and any acts of our employees or Accredited Dealers;
- any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
- any loss regardless of whether a claim for such loss is based on breach of contract, delict, breach of implied warranties or otherwise; and
- any loss whether it could have been foreseen or not.
- We will use its best endeavors to notify the Subscriber on Our official website or by e-mail of any maintenance and repairs which may result in the service being unavailable, but does not warrant or otherwise contractually undertake that such notice will be given.
- To ensure the best service availability we run a Technical Support centre that operates 24 hours, 7 days a week for 365 days per year.
- In case of problems with our satellite link we or Accredited Dealer will make a site visit at no additional cost to the Subscriber as long as the problem is specifically on our service. If the problem is not caused by our satellite link or was caused by negligence of deliberate damage by anyone else than our employee or an Accredited Dealer, we reserve the right to charge the subscriber a call out charge based on our standard call out rates.
Advertising of Package Services:
WE shall ensure terms and conditions of any advertisement of products and services are strictly adhered to.
- The Subscriber agrees to pay the subscription fee as per the service class subscribed to and registered for, which may include (without being limited to) the once off installation fee, the monthly access fee, a callout fee usage fees if applicable, fees for closed user groups and fees for other services which the Subscriber may subscribe to from time to time. Unless we specifically agrees otherwise, the installation fee will be payable in advance, the subscription fee will be payable monthly in advance, except for usage fees, which will be payable monthly in arrears, the callout fee will be payable in advance before going to site.
- We will invoice the Subscriber for the subscription fee on a monthly basis, unless we specifically agree otherwise in writing. The monthly subscription invoices will be sent via e-mail to the Subscriber’s specified mailbox.
- The subscription fee and all other amounts payable in terms hereof shall be paid in Nigerian Naira, free of exchange and without deduction or set-off either in cash or by way of a cheque or a direct deposit into our banking account, in its sole discretion, may nominate from time to time in writing.
- Should the Subscriber fail to pay any amount on the due date for payment, then, without prejudice to any other rights we may have, we shall be entitled to:
- without notice, suspend the Subscriber’s access to the service, until such time as the outstanding amount has been paid in full;
- take all such further steps as may be necessary to recover the outstanding amount from the Subscriber, in which event the Subscriber agrees to pay all costs associated with such recovery on an attorney and own client basis;
- terminate this agreement with immediate effect; and/or apply any deposit paid by the Subscriber to meet the subscription fee that has not been paid. Any further amounts that are paid by the Subscriber subsequent to the deposit so being applied by us, shall first be applied to renew the deposit, and thereafter be applied to the subscription fee.
- WE shall, in its sole discretion, be entitled to increase or decrease the subscription fee at any time. WE undertakes to give the Subscriber at least 30 (thirty) days notice of any such increase or decrease. Should the amended fee be unacceptable to the Subscriber, the Subscriber may terminate this agreement in accordance with Clause 15 below, failing which the amended fee shall take effect on the date indicated in the notice.
- The Subscriber may not withhold payment of any amount due to us in terms of this agreement by reason of any alleged breach of this agreement by us, nor will the Subscriber be entitled to any discount, refund or other credit under any circumstances.
- We reserve the right to charge the Subscriber a reconnection fee that we, in its sole discretion deems appropriate, for the reconnection of the Subscriber’s access to the service in the event that the Subscriber’s access is suspended due to a breach of any provision of this agreement, including (without limitation) a suspension in terms of 6.4.1 or 9.2.1.
- The Subscriber shall pay:
- in the case of the KU/KA-band service, subscriptions fees monthly in advance.
Itemized of Charges:
The Subscriber shall have access to the itemized monthly bill and account statement by e-mail
WE shall not charge for Subscriber for any billing related information and ensures that previous billing information is available on Subscriber’s request.
Timing for issuance of Bill:
We shall process and issue bills within 30 days of the closure of each billing period. The bill shall include all charges incurred during the billing period except where:
- there exists a separate agreement with us to the contrary ; or
- there is a delay as a result of the inclusion by us of information
from other suppliers or service providers in the bill ; or
- there is a delay as a result of a change initiated by the Subscriber, such as where the Subscriber has requested a different billing frequency or billing period ; or
- there is a delay as a result of the suspension of charges that are in dispute ;
- there has occurred a billing system or processing problem, in which case
the problem shall be rectified and bills issued without undue delay and in accordance with any time periods identified by the Commission ; or
- billing is delayed by circumstances beyond the reasonable control of WE, such as an event of force majeure.
Receipts and Consumer Payment Advice
We shall receipt all payment made and reflected in the Subscriber’s statement of account. Our accounts unit can be contacted through our service centre line for payments related queries.
We shall invoice on a monthly basis unless as specified in the service order signed by the Subscriber.
We shall provide the Subscriber with at least 2 months notice for any billing frequency change implementation.
Our service center is equipped to handle requests from Subscribers with special needs.
Contact Center: firstname.lastname@example.org
All written complaints are acknowledged immediately and non-written complaints are also acknowledged and logged on our CSM system. This is guided by our Escalation procedure and all complaints are tracked to ensure speedy resolution and feedback to the Subscriber.
We shall not charge Subscriber for contacting our service centre for complaint but may apply a charge if resolution of query involves on-site support to Subscriber premises and when the query is judged to be Subscriber’s site related and/or Subscriber’s LAN. In cases like this, the Subscriber is notified and billed on acceptance of on-site call charge.
Our Subscribers who may still be unsatisfied with the outcome of complaints logged are free to refer such complaints to relevant unit within the commission.
Action on Disputed Charges:
Where a complaint and dispute is being investigated for a Subscriber, we shall hold on imposing any disconnection regarding the Subscriber pending and inform the Subscriber that, while the dispute is being investigated, the Subscriber is obliged to make payment of any outstanding other than the amount that is specifically in dispute. The Subscriber shall be notified Where WE intends to disconnect the Subscriber regarding any amount that is a subject of a complaint or dispute.
Data Collection and Analysis of Complaint & Outcome:
We shall provide a CRM system that is capable of keeping records of complaints with analysis on frequency per Subscriber/product of complaints, and also provide graphical representations.
Changes to Complaint Handling Processes:
As included in its Escalation Procedure, the Subscriber is free to refer his/her compliant to the Commission in case where such complaint remains unresolved within sixty (60) days.
Retention of Records:
We shall keep all records of complaints processes in our CRM system for at least 12 months on resolution of complaints.