Vodafone Broadband Terms and Conditions

Conditions for Service

The Subscriber shall subscribe to The Provider’s Telephone Line.

1. Definitions

1.1 "The Provider" means the Vodafone Ghana Limited, its subsidiaries, successors or assigns who supply Internet access services.

1.2 "The Service" shall mean the provision of the facility by the Provider to allow the subscriber access to the Internet and provision of on-line services.

1.3 "The Subscriber" shall mean the legal entity or person who enters into this agreement with the Provider.

1.4 "Access" means connection access to the world-wide computer network known as the Internet through the Provider.

1.5 "Fee" means that amount in respect of providing Access as specified in the Particulars.

1.6 "Spam" means unsolicited and/or unwelcome advertising material or information, usually sent via e-mail or newsgroup.

1.7 “Credit Period” shall mean the Time Period for which access to the Service has been paid by The Subscriber.

Subscriber's Undertaking.

2.0 Illegal use of Service.

2.1 The Subscriber shall not use the Service for any illegal activity. This includes but 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, especially with Provider’s domain @4u.com.gh. The Subscriber is cognizant of the fact that the consequences of illegal usage could result in the Provider’s domain being blacklisted.

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

2.3 The Subscriber shall indemnify the Provider against any actions brought against it in respect of the Subscriber'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 the Provider may incur in any such action.

3.0 Confidentiality.

3.1 The Subscriber shall maintain the confidentiality of passwords and other access codes to the Service, and take reasonable precautions to avoid the disclosure of these and other confidential information relating to the Service.

3.2 The Subscriber shall not transfer their right to use the Service to any other person without obtaining The Provider’s written consent subject to any conditions The Provider may require.

3.3 The Subscriber shall not in anyway resell or redistribute the Service to any other person unless it is so disclosed at the time of application and Subscriber obtains the written consent of The Provider.

3.4 The Subscriber is solely responsible for the activities of any persons whom the Subscriber allows, by any act or omission, whether negligent or otherwise, to access the Subscriber's account.
3.5 The Subscriber undertakes and agrees that The Provider does not and cannot monitor or control the content and information accessed via the Internet and that The Provider shall not be held responsible in any way for content or information accessed via the Internet.

4.0 Disclaimer

4.1 The Provider disclaims any and all liability for the contents of material that the Subscriber may find inappropriate, offensive, inflammatory or adult in nature.

4.2 The Service Provider shall not be liable for any damage caused to the Broadband modems or other equipment on the Subscriber’s premises as a result of any power fluctuations or outages or as a result of vandalism or theft or other unforeseen events. The Subscriber has a duty to secure adequate protection for all devices on his/her premises. Equipment that is damaged as a result of the Subscriber’s failure to take precautionary measures may be replaced by the Provider but at the Subscriber’s cost.

5.0 Instability of Service

5.1 The Service may be unavailable at times either due to scheduled maintenance upgrades, operational reliability or due to factors beyond the Provider's control.

5.2 The Provider makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability of the Service. Nor shall it be held responsible for any loss or inconvenience suffered by the Subscriber due to lack of availability of the Service.

5.3 The Provider will use its best endeavors to provide at least twenty four (24) hours notice of any disruption to the Service. The Subscriber acknowledges that it may not be possible for the Provider to give any notice at all under some circumstances.

5.4 The Provider maintains professional / technical support between the hours of 6:00am and 10:00pm daily.

6.0 Charges and Payment.

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

6.2 The Subscriber shall make payments by cash, cheque or any other payment method deemed acceptable by the Provider.

6.3 If the Subscriber fails to make payment to The Provider within five (5) days after the expiration of the Credit Period then The Provider may immediately and without notice withdraw access to the Service.

6.4 The Provider reserves the right to vary the Charges and conditions associated with the Service from time to time. The Provider shall give the Subscriber one month notice of any such variation.

6.5 Credit Balance on the Subscriber’s account may be used to offset any outstanding bills on his/her Telephone Bill.

6.6 Any Subscriber who terminates the Service within six (6) months of subscription shall pay a penalty of the Cedi equivalent of One Hundred United States Dollars ($100).

6.7 If Access is terminated under this Agreement for any reason whatsoever except for reason of breach by The Provider of any of its obligations herein, the remainder of the Fee in respect of the Term shall become due and payable by the Subscriber to the Provider within seven days of the date of termination.

7.0 Suspension and Termination.

7.1 The Subscriber may issue written notice of their intention to terminate or suspend usage of the Service. Termination or suspension shall take effect from
midnight on the last day of the Credit Period. Suspension occurs when a subscriber formally notifies The Provider in writing that he/she is suspending usage of the Service for a period not exceeding two (2) months. A suspension period shall not attract any fees. Where suspension exceeds 2 months, however, the Service shall be deemed to be terminated. A Subscriber may terminate the Service by giving one (1) month prior written notice of the intended date of termination to The Provider.

7.2 If the Subscriber chooses not to make use of the Service for the duration of the Credit Period and fails to inform The Provider in writing, the Subscriber shall not be entitled to any credit or refund for any unused period.

7.3 The Provider reserves the right to terminate the Service to a Subscriber by giving one month's written notice to the Subscriber or after the Credit Period has expired.

7.4 The Provider reserves the right to terminate the Access without notice if, in the opinion of the Provider the Subscriber misuses or abuses the Service or has breached its obligation herein.

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

7.6 The Provider may, without notice, deny or restrict Access to the Service at any time should the Subscriber fail to make full payment of any outstanding Charges in respect of Telephone (Voice) Calls.

7.7 Installation Fee is not refundable. The initial ADSL modems and customer premise equipment (CPE) cost will be lumped up in the installation fee as revised from time to time.
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7.8 A Subscriber who wants his/her terminated service re-activated shall pay a re-establishment/re-installation fee equivalent to fifty percent (50%) of the existing installation fee. The Provider shall not charge any fees for reconnection of suspended Service.

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

8.0 Execution

8.1 The Terms and Conditions of Service are deemed to have been executed and agreed upon the Subscriber's use of the Service.

9.0 Settlement of Disputes

9.1 Any disputes arising from or in connection with this agreement shall be settled amicably between the parties herein.

9.2 If it is not so resolved the dispute shall be settled in accordance with the provisions of the National Communications Regulations 2003 (LI 1719). The cost of the mediation, if any, shall be equally shared by the Parties.

10.0 Force Majeure

10.1 Neither the Provider nor the Subscriber shall be liable for any failure to perform any of its obligations under these Terms & Conditions arising from circumstances outside its reasonable control including (without limitation) Acts of God, states of war (declared or undeclared), weather conditions, fire, flood, strikes, Lock-outs, Government actions, accidents and so on. If such circumstances continue for more than fourteen (14) days, either party may terminate all or any part of this contract by five (5) days written notice.

11.0 Waiver

11.1 Waiver by either the Provider or Subscriber of a breach or default by the other party shall not be regarded as a waiver of any subsequent breach or default nor shall any delay in exercising a party's rights operate as a waiver.

12.0 Notice

12.1 All notices to, and other written communication between the Provider and Subscriber shall be deemed received:

12.1.1 When personally delivered by messenger, or by mail, or by facsimile with transmission and electronic confirmation of receipt; or

12.1.2 Seven (7) days after being sent by courier service or registered or certified mail, return receipt requested; or

12.1.3 When actually received, if given in any other manner. All such notice and other communications shall be sent to the addresses of the parties set forth below, or to such other places as they may by notice specify from time to time.

FOR THE PROVIDER:
The Head Vodafone Broadband
Ghana Telecommunications Company Limited
Telecom House, PMB 221
Accra-North
Tel: +233 021 200200
Fax: +233 021 221002

FOR THE SUBSCRIBER:
To the address indicated on the Subscriber’s Application Form.

13.1 Applicable Law

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ghana.

14. Amendment

14.1 The Provider reserves the right to amend these Terms and Conditions.

15. Warranty

15.1. Vodafone Ghana warrants that it shall, for a period of three months after the initial installation replace at its own discretion the ADSL modems and 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.

15.2 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.

VODAFONE GHANA REWARDS PROMOTION

TERMS AND CONDITIONS

The following terms and conditions (‘Terms’) apply to this Promotion (the ‘Promotion’) giving you the chance to win a variety of prizes. The Promotion is run by Ghana Telecommunications Company Limited, trading as Vodafone Ghana (“Vodafone”), and shall commence at 00:00 on 20th July 2009, and shall close at 23:59 on 31st October 2009.

By entering this Promotion, you the participant, (‘Participant’) will be deemed to have understood these Terms, to have agreed to be bound by them and accept that participation in the Promotion is subject to these Terms.

1  Eligibility Criteria and Participation

To participate in the Promotion you must fulfil the eligibility criteria set out in these Terms.

1.1 You must be at least 18 years old at the date you enter the Promotion.

1.2 Participants enter the Promotion by registering with Vodafone and subsequently purchasing airtime top-up vouchers in accordance with section 2 below.

1.3 Any attempt at entry that is not in accordance with these Terms will be void. Vodafone reserves the right to reject any entry that it considers, in its sole and absolute discretion, to be incomplete, inaccurate or corrupted. All decisions of Vodafone pertaining to the Promotion and these Terms are final.

1.4 Vodafone’s decision on matters relating to submitted entries is final and it will not enter into any correspondence relating to these matters.

1.5 Vodafone respects the intellectual property rights of others and ask Participants to do the same. The Promotion and all materials, characters, logos or other images, and in particular the Terms are protected by copyrights or other intellectual property rights. No information may be reproduced in any format without prior written consent from Vodafone.

1.6 By entering the Promotion, you are deemed to accept and agree to be bound by the Terms. Vodafone reserves the right to amend, vary and/or update these Terms. Further, Vodafone reserves the right to refuse to accept or disqualify any Participant who, in its sole opinion, fails to comply with these Terms and/or whose actions or conduct contravenes the spirit of the Promotion.

1.7 The following people are excluded from participating in the Promotion: (i) employees of Vodafone, (ii) employees of any of Vodafone’s partners and authorised agencies (including the employees of advertising agencies) instructed or engaged by Vodafone in respect of the Promotion, and (iii) individuals who provide goods or services to Vodafone that relate specifically to the Promotion. The immediate relatives (being mother, father, son, daughter, wife, husband, sister, brother, grand parent or grand child) of any of the above excluded people are also excluded from participating in the Promotion.

2 Promotion Mechanics

2.1 To enter the Promotion, Participants must;

2.1.1 call Vodafone short code 1111 to register (at a cost of 4 pesewa) from a Vodafone prepaid mobile or prepaid landline; and

2.1.2 top up the Vodafone prepaid SIM or Vodafone prepaid landline with a minimum of GH¢ 1 or more of airtime.

2.2 Once registered, Participants will be granted a single new entry for each GH¢ 1 or more of Vodafone airtime that they purchase. The following top up vouchers are eligible in this Promotion and the corresponding number of entries to the Promotion are as follows:

 2.3 Top ups of less than GH¢ 1 or top ups made by electronic transfer or peer-to-peer transfer are not eligible for entry to this Promotion.

2.4 Participants may enter the Promotion as many times as they wish providing they comply with these Terms at all times. Regardless of the number of entries, each Participant shall only be eligible to win a maximum of three (3) Prizes per Draw.

2.5 Valid entries will be entered into a series of random computerised draws (each being a “Grand Draw”) as shown in the table below:

2.6 In addition to the Grand Draws, 3 additional draws (“Additional Draws”) will be made during the Promotion.

2.7 All entries must be received before the relevant Closing Date in respect of each Grand Draw.
Entries made before 00:00 on 20th July 2008 or after the relevant Closing Date shall be void. Entries received before each Grand Draw and before each Additional Draw shall not be eligible for the subsequent Grand Draw or Additional Draw, however, all entries will be valid for Grand Draw 3.

2.8 In each Grand Draw and Additional Draw, the phone number of registered Participants will be selected by computer at random to be the winner of each Prize (“a Winner”). The phone numbers of additional registered Participants (“Substitute Winners”) shall also be selected in the same manner in case it is not possible to contact a Winner or if the Winner is unable or unwilling to accept a Prize (pursuant to clause 3.5). Substitute Winners shall have no right to a Prize except as referred to in Clause 3.5 below.

3 Prize and Winner

3.1 The prizes (“Prizes”) to be won in the Promotion are as follows:

3.2 Vodafone reserves the right to make additional Prizes available during the Promotion and any such additional prizes shall form part of the Promotion, and be subject to these Terms, in the same manner as the other Prizes.

3.3 It is anticipated that the Prizes available to be won in each draw will be as follows:
 

 3.4 Vodafone reserves the right to vary the number of Prizes distributed in each draw and the table shown in clause 3.2 shall be considered indicative only.

3.5 Vodafone will determine the Winners by 23:59 on each Grand Draw Day and day of each Additional Draw in accordance with Clause 2.

3.6 Winners will be contacted by Vodafone on the number registered in their entry within 48 hours of each Grand Draw and Additional Draw. Each Winner will be given a unique code to use in claiming their Prize (“Claim Code”).

3.7 Vodafone is not responsible for any communication errors or other factors which interfere with or prevent an offer of a Prize being properly made, sent, received, acknowledged or accepted. Vodafone will call each Winner three (3) times. However, if a Winner does not answer Vodafone’s call, or if the Winner’s phone is switched off, engaged, diverted to voicemail, or if the Winner is otherwise unreachable, the Winner will no longer be eligible for a Prize and a Substitute Winner shall be selected to win the relevant Prize instead. Prizes shall be awarded to Substitute Winners in the order in which the Substitute Winners were drawn.

3.8 All Prizes must be collected from Vodafone’s HQ in Accra, Ghana or from Vodafone’s regional office of warehouse in Ghana within 30 days from the Winner being notified in accordance with Clause 3.3 above and between the hours of 08:00 and 17:00. Prizes shall only be given to Winners who produce:
 

3.8.1   Suitable proof of their identity (which shall be at Vodafone’s discretion and  include a valid  Passport, Driving licence, voter ID or identity card);

3.8.2    The SIM card used to enter the Promotion; and

3.8.3    the Claim Code given to them by Vodafone.
 

 3.9 The Prizes may not be sold, transferred or exchanged before being accepted by the Winner of the respective prize and no cash alternative is available. Vodafone reserves the right to substitute a Prize with one of equal or greater value.

3.10 Winners of the Educational Scholarships are required to present Vodafone with an invoice from a bona fide educational establishment in Ghana accredited with either the National Accreditation Board or recognised by the Ghana Education Service before the relevant Prize is awarded. Subject to the above, Vodafone will present the relevant educational establishment with payment for the amount shown on invoice provided up to a maximum of GH¢1,000 per year for two (2) years (total maximum prize GH¢2,000). No payment will be made to the Winner themselves.

3.11 The telephone number of the Winners will be available on written request from Ghana Telecommunications Company Limited, trading as Vodafone of Telecom House, Nsawam Road, PMB221 Accra-North, Ghana. The Winners’ telephone numbers will also be published at www.vodafone.com.gh and in the Ghanaian press within 7 days of each Draw. In addition, the Grand Draws will be televised.

4 Publicity

4.1 All Participants acknowledge that it is a condition of entry that Vodafone has the right to publicise their names or voices for any matter or promotion which is incidental to the Promotion including publicity by way of radio broadcast, local press, television or Internet. Participants agree to take part in publicity where requested to do so and agree not to request any form of payment or compensation in respect of any such publicity.

5 Liability

5.1 Vodafone shall not be liable for any damage, loss or disappointment suffered by any Participant taking part in this Promotion other than damages for death or personal injury caused by Vodafone’s negligence.

5.2 Vodafone excludes any liability caused by loss or delay or failure of entries or database failure or failure to record the Participant's details or his/her entry, or connectivity failure, as well as any liability for failure to contact the Participant.

5.3 The Winner of the Tier 1 Prize (House at Trasacco Valley) acknowledges by entering this competition that the acceptance of that Prize is subject to any statutory and contractual obligations or conditions that may be imposed by statute, government or by the developers or current owners of the property.

5.4 The Prizes are offered and will be accepted in the knowledge that each Winner may become liable to local tax contributions and any Prize awarded may have to be declared on an annual tax return as required. Any tax liability and any legal or other professional fees or disbursements will be the responsibility of the Winner.

5.5 Vodafone excludes, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with participation in this Promotion. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of participation in this Promotion, even if Vodafone has been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise.

6 General

6.1 All times shown in these Terms are GMT.

6.2 Vodafone reserves the right to amend these Terms from time to time, and/or cancel or terminate the Promotion should any cause beyond Vodafone’s control affect the administration or operation of the Promotion.

6.3 Winning telephone numbers in this Promotion may only be transferred to new SIM cards (a “SIM Swap”) once the person seeking the SIM Swap has been confirmed to be the owner of the telephone number at the time the winning entry into this Promotion was made.

6.4 A winning fixed line telephone number in this Promotion may only be transferred to a new owner (an “Ownership Swap”) once the person seeking the Ownership Swap has been confirmed to be the owner of the telephone number at the time the winning entry into this Promotion was made.

6.5 No express or implied term of these Terms is enforceable pursuant to the Contract (Rights of Third Parties) Act 1999 by any person who is not a party to it.

6.6 The Promotion is operated in the Republic of Ghana and the Promotion, these Terms shall be subject to Ghanaian law and governed by the exclusive jurisdiction of Ghanaian courts.

6.7 Systems abuse: If Vodafone finds, or suspects, that any Participant has engaged in or attempted to engage in any activity which may adversely effect either the operation of the Promotion or another person’s enjoyment of the Promotion, Vodafone may immediately remove that Participant from the Promotion, disqualify their entry and if you were eligible to receive a Prize, such Prize will be forfeit (and if already delivered to you, must be returned to Vodafone immediately). You will have no right to any recourse in these circumstances and Vodafone reserve the right to report the matter to the relevant authorities where appropriate.

6.8 Vodafone shall not accept any liability for any circumstances beyond its control or which otherwise interferes with or prevents the Winner from receiving or benefiting from a Prize.

PRIVACY NOTICE:
When submitting an entry to the Promotion, personal information may be processed by Vodafone. You agree that the personal information provided in the course of entering into the Promotion will be processed for the sole purpose of administering the Promotion and it will not be disclosed to any other third parties save for PriceWaterhouseCoopers with whom it may be shared for audit purposes.