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Terms & Conditions
General Terms & Conditions of Internet Services
These Internet General Terms and Conditions of Service (the “General Terms”), along with the applicable policies and relevant Special Terms and Conditions, govern the provision and use of FLEXICONNECT internet service.
1. Definitions and Interpretation
1.1 In these General Terms, unless inconsistent with the context or otherwise specified, the following words and expressions shall have the following meanings:
“Agreement” means the agreement between FLEXICONNECT and Customer for the provision of the Service, comprising these General Terms, the applicable policies, including without limitation FLEXICONNECT Fair Usage Policy (FUP), and any Special Terms and Conditions, as amended and updated from time to time;
“Applicable Law” means any law, regulation, bylaw or subordinate legislation in force from time to time to which a party to the Agreement is subject; any binding court order, judgment or decree; any mandatory industry code, policy or standard; or any binding direction, policy, rule or order made or given by any competent governmental or regulatory authority;
“Bill” means any invoice issued by FLEXICONNECT in respect of any Charges due or payable by Customer to FLEXICONNECT for the Service;
“Charges” means fees, charges or rentals FLEXICONNECT may impose to Customer in connection with the provision of the Service, as specified in these General Terms and the relevant application form;
“FLEXICONNECT” means The Company providing the Internet Service.;
“Customer” means the person identified in the application form who subscribes or utilizes the Service;
“Equipment” means the hardware, apparatus and cabling (if any) FLEXICONNECT supplies to Customer for purposes of the Service, including modems, routers, antennas or gateways;
“Force Majeure” means any event the occurrence of which FLEXICONNECT by the exercise of reasonable diligence is unable to control or avoid, including but not limited to failure, shortage or interruption of electrical power or supply or any equipment supplied by or any service provided by any supplier or service provider of the FLEXICONNECT or any other third party, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government, change in any applicable law, war or imminent threat of war or terrorism, extreme weather conditions and acts of God;
“Premises” means the Customer’s premises at which the Equipment is to be installed and the Service provided, as specified in the Service application form;
“Service” means the provision by FLEXICONNECT to the Customer of internet access and technical support for the Service and/or to the Equipment, as specified in the Agreement;
“Software” means computer programs in executable code, together with any technical information, FLEXICONNECT provides to enable Customer to use the Service;
“Special Terms and Conditions” means the terms and conditions applicable to the provision of the particular internet service plan selected by Customer, including any information or specific terms and conditions stated on the Service application form, as well as any other documents agreed and signed when Customer purchases the Service from FLEXICONNECT.
1.2 In these General Terms, where the context so admits:
(a) words denoting persons or entities include natural persons and bodies corporate or firms, associations and government agencies (in each case whether or not having separate legal personality);
(b) use of singular includes the plural and vice versa and words which are gender neutral or gender specific include all genders.
1.3 Headings or titles in these General Terms are for ease of reference only and shall not be referred to or relied upon in the interpretation of any provision of the Agreement.
1.4 Any standard or pre-printed conditions on a service order, receipt or similar document issued by the Customer shall have no effect and shall not apply to the Agreement.
2. Service
2.1 The Service consists of access to internet, offering Customer the capability for retrieving, generating, storing, processing, utilizing or making available information to or from other internet end points connected directly or indirectly to FLEXICONNECT network.
2.2 FLEXICONNECT shall provide the Service in accordance with the selected Service plan, as Customer specifies in the application form, subject always to Customer fulfilling his obligations hereunder.
2.3 FLEXICONNECT will use all reasonable commercial endeavours to provide the Service in good operating condition and to make the Service available at all times. Notwithstanding the foregoing, the Customer acknowledges and agrees that FLEXICONNECT does not give any assurance or guarantee as to the availability, quality, operation and support services, nor does it guarantee an entirely error or fault-free Service, therefore FLEXICONNECT will not be liable to Customer for any loss or damage as a result of interruptions, delays, faults or errors in the provision of the Service, including malfunctioning or failure of the Equipment or Software.
2.4 Customer understands and agrees that FLEXICONNECT provides the Service on a best-efforts basis, and that the actual internet speeds Customer experience can vary depending on several factors, including time of the day, location, cabling and equipment.
2.5 FLEXICONNECT shall not be liable to Customer for any loss or damage resulting from delay or failure to perform its obligations under the Agreement, either in whole or in part, where such delay or failure is due to Force Majeure.
2.6 For purposes of controlling or safeguarding the working order and quality of the system and/or the Service, FLEXICONNECT may:
(a) disconnect or deactivate the Service at any time without notice to carry out system maintenance, upgrading, testing and/or repairs;
(b) expand, reduce and/or modify the Service or part thereof.
2.7 The information and data transferred within the scope of the Services are not secured and FLEXICONNECT is not responsible for securing them and/or for any loss or damage caused as a result thereof. The Customer is exclusively responsible to secure and protect the information stored in its systems and/or equipment and FLEXICONNECT shall not be liable for any damage, loss or expense caused as a result of the absence of such security and/or protection.
2.8 FLEXICONNECT is only obliged to provide maintenance and technical support to the Equipment and Software it supplies to Customer for the provision of the Service.
2.9 FLEXICONNECT shall supply the setup equipment including; indoor wireless router, Outdoor Customer Premise Equipment (CPE), Pole to mount the CPE.
3.0 In the event of termination of suspending the subscription of the service, FLEXICONNECT is mandated to retrieve its equipment from the Customer.
3. Home Wi-Fi
3.1 Depending upon the Service plan Customer purchases, the Service may include Wi-Fi enabled home networking Equipment in order to allow Wi-Fi-enabled devices to wirelessly connect to the Service (“Home Wi-Fi”).
3.2 Customer understands and agrees that the Home Wi-Fi coverage and quality may vary depending upon the location of the Wi-Fi equipment, the location of the applicable Wi-Fi- enabled device and other conditions in and around the Premises.
3.3 Although FLEXICONNECT reserves the right to manage any equipment used to access the Service, the Customer shall be solely responsible for all security measures over in-home network, including any Wi-Fi equipment, including access to authorization codes or passwords, as well any existing encryption.
4. Charges, Billing and Payment
4.1 In consideration of the provision of the Service and Equipment (if any) the Customer shall pay to FLEXICONNECT the Charges specified in the relevant Service application form
4.2 The Charges may include:
(a) a monthly charge for the Service;
(b) a fee for the installation of the Equipment in the Premises (or moving Service provision to different Premises as requested by Customer), including connections and Software configurations necessary for providing the Service. The installation fee will be included in the first Bill following the successful installation of the Service.
(c) a monthly rental charge for the Equipment;
(d) a Service reconnection fee in case of suspension or termination of Service under clause 7.1 below.
4.3 The Charges are invoiced on a monthly basis and, in principle, paid in advance for the following month.
4.4 Customer can view, manage and pay the Bill online using FLEXICONNECT web services and mobile applications.
4.5 FLEXICONNECT can deliver the Bill via e-mail and notify Customer of the latest Bill amount via SMS, respectively sent to a Customer-provided e-mail Address and number.
4.6 FLEXICONNECT can also send a paper Bill by post or courier, if Customer so requests.
4.7 Customer shall pay the Charges in full and free from any deductions, rights of set-off, counterclaims or liens, by the due date indicated on the Bill.
4.8 If Customer reasonably disputes any amount invoiced by FLEXICONNECT, Customer shall pay the full amount of the relevant Bill when due and provide FLEXICONNECT with written notice stating the nature of dispute within ten (10) days from the Bill due date. Customer and FLEXICONNECT shall resolve the dispute in good faith and in a timely manner, and FLEXICONNECT shall refund the disputed amount eventually determined to be owed the Customer within ten (10) days of the dispute resolution.
4.9 In case Customer fails to pay the Charges by the Bill due date FLEXICONNECT may suspend or terminate the Service. During suspension of Service, the Charges continue to apply and accrue and FLEXICONNECT will only resume the provision of Service after Customer has paid in full all outstanding Charges, in which case FLEXICONNECT may charge a Service reconnection fee.
4.10 FLEXICONNECT may charge the Customer interest at the legal rate on any outstanding amount due and payable by the Customer, from the date when the amount had become due and payable to the date of actual payment thereof.
4.11 All prices are in MOP.
5. Security Deposit
5.1 FLEXICONNECT shall have the right to request Customer to provide a deposit, which amount FLEXICONNECT will determine at its sole discretion, as security for payment of the Charges or any loss or damage incurred by FLEXICONNECT as a result Customer’s breach of the Agreement.
5.2 FLEXICONNECT may use the deposit or part thereof in satisfaction of outstanding Charges, in which case Customer shall restore the deposit to the required amount.
5.3 If Customer fails to pay the Charges, FLEXICONNECT may require the Customer to provide an additional deposit as a condition to continue providing or reconnecting Service as the case may be.
5.4 Upon termination of Service FLEXICONNECT shall refund the deposit in full to Customer without interest, provided there are no outstanding Charges or any other amounts owing or any claim brought by FLEXICONNECT against Customer for breach of the Agreement.
6. Use of Service
6.1 Customer shall be responsible for any activity or use of the Service under his User ID.
6.2 Customer may only use the Service for lawful purposes and shall not:
(a) use the Service in any way that is criminal, illegal, unlawful or fraudulent, or has any criminal, illegal, unlawful or fraudulent purpose or effect, whether under the Applicable Law or otherwise;
(b) use the Service in any way that is prohibited or otherwise breaches FLEXICONNECT FUP
(c) without FLEXICONNECT’s prior express written consent, resell, sublease, sublicense or in any other way transfer the right to use the Service or any other rights under the Agreement, whether or not for consideration;
(d) without FLEXICONNECT’s prior express written consent, grant access to, or in any other manner share the benefit of, the Service to any third parties not residing or located at the Premises, including (but not limited to) other internet service providers, application providers or content providers, whether or not for consideration.
6.3 The Customer shall indemnify FLEXICONNECT against all actions, proceedings, damages, costs, claims or losses which may be sustained by FLEXICONNECT in connection with any use or misuse of the Service by the Customer or by any third party under using the Customer’s User ID, even if Customer has not given consent or been aware of such usage.
6.4 FLEXICONNECT reserves the right to disconnect or deactivate the Service without prior notice any of the Customer’s equipment or software that is found to cause malfunctioning of the Service, until the deficiency has been cleared by the Customer.
7. Suspension or Termination of Service
7.1 Without prejudice to any other right or remedy available to FLEXICONNECT under the Agreement or at law, FLEXICONNECT shall have the right to either suspend or terminate the provision of the Service without notice in case the Customer:
(a) fails to pay any Charge or part thereof by the due date;
(b) uses the Service for any purpose that is illegal or prohibited in clause 6.2 above;
(c) commits any other material breach of the Agreement;
(d) provides information in the application form that is found to be false or untrue.
7.2 In the event the Service is suspended or terminated under clause 7.1(b) above, FLEXICONNECT may, in its sole discretion, refuse to reconnect the Service to the same Customer or at the same Premises.
7.3 FLEXICONNECT shall not be liable to Customer for any loss or damage arising from disconnecting the Service as a result of suspension or termination under clause 7.1 above.
7.4 The Customer may terminate the Agreement and cancel the Service at any time by giving FLEXICONNECT notice in writing and paying all the due Charges and costs.
8. Equipment
8.1 Subject to receipt of any applicable Charge, FLEXICONNECT may provide the Customer with the Equipment necessary to facilitate and/or enhance usage of the Service in accordance with the subscribed Service plan. Any additional equipment the Customer requires to receive the Service will be charged at the prevailing prices.
8.2 FLEXICONNECT will only be responsible to repair or replace Equipment it provides.
8.3 Any equipment owned by the Customer for use with the Service and connection to FLEXICONNECT network shall be type-approved by the competent authority.
8.4 The Equipment remains FLEXICONNECT’s property and is to be kept at the Premises at all times. Customer shall not:
(a) move or part with possession or control of the Equipment, misuse or neglect the Equipment (or allow it to be moved, misused or neglected);
(b) remove or obscure any labels or markings on the Equipment (or allow them to be removed or obscured);
(c) tamper with, change or remove any integrated circuit, component or protection case part of the Equipment;
(d) permit any third party to carry out repair and maintenance of the Equipment.
8.5 If the Equipment proves to be defective or faulty under normal use, FLEXICONNECT will at its option repair or replace it with no extra costs to Customer. However, Customer understands and agrees that, in case the Equipment is damaged by any cause other than reasonable wear and tear, FLEXICONNECT may impose additional charges for repairing or replacing the Equipment.
8.6 Customer shall allow FLEXICONNECT unrestricted and safe access to the Premises to enable the provisioning of the Service and carry out any related installation, repair and maintenance works. Except as expressly set out in the Agreement, FLEXICONNECT shall not be liable to Customer for any loss or damage arising out or in connection with the installation, repair, maintenance, or use of the Equipment.
8.7 Upon termination of the Service, the Customer shall return the Equipment in good condition. If the Equipment is lost or damaged beyond reasonable wear-and-tear, Customer is liable to pay FLEXICONNECT the cost of the lost or damaged Equipment.
9. Software
9.1 FLEXICONNECT may provide Customer with the Software for use in connection with the Service.
9.2 FLEXICONNECT grants Customer a non-exclusive, non-transferable and time-limited licence or sublicence to install and use the Software in accordance with the Agreement. The licence or sublicense terminates automatically upon termination of the relevant Service.
9.3 The Customer shall not adapt, translate or otherwise modify the Software, nor reverse engineer, disassemble or decompile the same.
9.4 FLEXICONNECT will provide the Customer with Software support, provided the internet connection software is installed on a host operating system duly licensed.
9.5 The Customer understands and agrees that FLEXICONNECT does not warrant, represent or guarantee in any way whatsoever that the Software will be virus-free, worm-free, and inaccessible to malicious code or malignant third parties.
9.6 Except as expressly set out in the Agreement, FLEXICONNECT shall not be liable to Customer for any loss or damage arising out or in connection with the installation, repair, maintenance, and use of the Software.
10. Security
10.1 FLEXICONNECT shall only perform the installation of Equipment that it supplies to Customer. Customer is responsible for the installation of his own equipment and FLEXICONNECT will only provide the Service after all necessary equipment is properly installed and operating.
10.2 The Customer understands and agrees that the provision of Service may depend on the configuration of the Customer’s equipment, network and/or system, and may require the installation of appropriate hardware and/or software. Therefore, Customer allows FLEXICONNECT or FLEXICONNECT’s authorised agents to carry out the necessary works, including configuration of Customer’s equipment, network and/or system, and removal or replacement of any unsuitable or defective local area network (LAN) interface card in the computer and installation of the necessary Equipment and/or Software.
10.3 The Customer shall be responsible for backing up any data existing on his own computer equipment prior to the installation or configuration of hardware or software. Customer shall inform FLEXICONNECT or FLEXICONNECT’s authorised agents in case any intended installation works are likely to invalidate any features of his own computer equipment or system.
10.4 FLEXICONNECT shall not be liable to Customer for any loss or damage (including loss of data) arising out or in connection with the Customer’s use of hardware or software other than the Equipment and Software supplied by FLEXICONNECT, nor will FLEXICONNECT be liable for any such loss or damage arising out or in connection with FLEXICONNECT’s configuration or installation activities under this clause 10.
10.5 Customer warrants he owns the computer equipment or otherwise has enough authority to allow FLEXICONNECT to carry out configuration and installation works pursuant to this clause 10.
10.6 Customer shall ensure that Customer’s equipment, network and/or system has been installed and is ready for use before the installation of the Service.
10.7 FLEXICONNECT will only perform the installation internet connection Software if the Software is to be installed on a host operating system duly licensed.
10.8 If FLEXICONNECT is prevented to complete the installation for reasons regarding the unsuitability of the Customer’s hardware or software, FLEXICONNECT may suspend the installation until the Customer informs that his equipment and/or software have been changed and are ready for the installation. If the Customer fails to notify FLEXICONNECT within thirty (30) days from the first installation attempt, FLEXICONNECT reserves the right not to carry out the installation, in which case Customer will be required to make a new Service application.
11. Account Security and Passwords
11.1 Upon Service subscription FLEXICONNECT will provide Customer with a unique user name (“User ID”) and password. Customer is responsible for maintaining the confidentiality of the User ID and password and for all activities that occur under his User ID.
11.2 Unless expressly agreed otherwise under a separate contract FLEXICONNECT shall not be responsible for the security of the Customer’s network and/or system and shall not be liable for any unauthorised access thereto.
12. Limitation of Liability
12.1 In no event shall FLEXICONNECT be liable to the Customer for any indirect, consequential, exemplary, special, incidental or punitive damages, or for any lost profits of any kind or nature whatsoever, even if foreseeable, arising out of or resulting from any Service failure or any other breach hereunder, even if FLEXICONNECT has been advised, knew or should have known of the possibility of such damages.
12.2 Notwithstanding anything to the contrary in the Agreement, FLEXICONNECT’s maximum aggregate liability for all claims made by Customer in relation to the Service shall not exceed the Charges paid under the applicable Service application form in the previous six (6) months, however such claim may arise including, without limitation, negligent error or omission, breach of contract, tort, misrepresentation (excluding fraudulent misrepresentation) or breach of statutory duty.
12.3 The Customer understands and agrees that FLEXICONNECT shall have no liability for failure to deliver or perform the Service that arise from acts or omissions of any third party, including but not limited to suppliers or third party telecommunications providers or for any failures or faults of their equipment.
12.4 FLEXICONNECT will use all reasonable endeavours to provide a prompt and continuing Service. FLEXICONNECT will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or Service interruptions caused by events of Force Majeure or by errors or omissions of the Customer.
13. Governing Law and Jurisdiction
The Agreement is governed by the laws of the Ghana and Customer submits to the jurisdiction of the courts of Ghana.
14. Changes
FLEXICONNECT reserves the right to modify these General Terms at any time, provided it gives the Customer reasonable prior notice of such changes via either the Customer’s FLEXICONNECT E-Mail Account (or any e-mail address the Customer provides) or by posting the changes online at the theFlexiConnect.com
15. Privacy
Customer is aware of how and why FLEXICONNECT uses his personal data, and understands and agrees with FLEXICONNECT’s policies and practices in this regard, in particular FLEXICONNECT Privacy Policy.
16. Execution
The Customer agrees to be bound by the Agreement by appending his signature on the Service application form
