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 service and at any time during the tenure of this agreement.

2. Definitions

Services means telecommunications service provided by Telecel including fixed line, SIM Card for mobile, Broadband and any other service as Telecel shall provide.

Installation Charges means fees payable by subscriber to Telecel for installation of service.

Subscriber means client named overleaf.

Subscriber Equipment means SIM card, Mobile Deskphone (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.

Fees /Charges means costs, rates, charges, installation charges levied from time to time by Telecel in accordance with the schedule of tariffs and in the form published from time to time.

User Guide means a document describing the Telecel service, application and use.

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.

NCA means National Communications Authority.

Network access means the Telecel network which provides the Services.

3. Performance of Telecel Network access
4. Telecel shall subject to these terms and conditions, establish and maintain the connections and shall endeavour to make the service available to the subscriber.
5. 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.
6. 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.
7. Telecel shall allot telephone numbers to customers for their exclusive, non-transferable use from the number blocks assigned to it by the NCA.
8. 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.
9. Telecel may change Subscribers’ telephone numbers for operational or technical reasons or where required by the authorities, without any liability and without paying compensation.
10. Duration and Term

This contract shall commence on the date of signing of the form overleaf by the Subscriber and subject to the provisions of the contract and shall continue thereafter until terminated by either party by giving not less than 30 days notice in writing to the other party hereto.

5. Billing and terms of payment
6. Telecel shall issue invoices/bills based on the record of consumption of the subscriber where necessary.
7. Notwithstanding objections that may be raised by Subscribers, the invoice amount must be paid by the due date specified on the invoice or within the prescribed payment period.
8. Subscriber may lodge written objection to the invoice within the prescribed period of payment and before the expiry of same.
9. On expiry of the said period, the Subscriber is deemed to have accepted the invoice, and no objection raised after the said period shall be entertained.
10. If the objections relate solely to part of the amount on the invoice, Telecel may request that Subscribers pay the undisputed part of the invoice by the due date.
11. Where Subscribers have neither paid the amount indicated on the invoice nor raised objections to same in writing by the due date, Telecel reserves the right to discontinue the service it provides under all contracts concluded with the customers after issuing reminders without success (e.g. by blocking all access to the fixed network), take other measures to prevent loss or damage and terminate the contract without notice and without paying compensation.
12. The Subscriber shall bear any cost incurred by Telecel as a result of late payment. Telecel reserves the right to resort to any legal means to recover the unpaid bills.
13. Telecel may demand payment in advance or payment of a deposit for access to the service, where in its opinion circumstances indicate a violation of payment procedure specified or difficulty in collecting due bills.
14. Prices
15. The current price lists of Telecel shall apply, except where the prices are specified in this Contract or where the Subscriber is notified immediately before a specific service is used.
16. By taking up the services offered, Subscriber accepts to pay the current prices. If Telecel reduce its prices, it may simultaneously vary any discount granted prior to the price reduction.
17. 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 in newspapers or in leaflets distributed with invoices or through tariff manuals to be issued on demand.
18. The revised fees, tariffs, charges, rates, costs shall apply from the date it was advertised or notified.
19. 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.

8. Suspension and disconnection
9. 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.
10. 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.
11. Telecel reserves the right to fully defend its position and take such further action as it considers necessary for this purpose.
12. If there is evidence or if it comes to the notice of Telecel that the facility provided herein is being used unlawfully, Telecel may either notify the Subscriber concerned in writing to use the facility in conformity with the provisions of this Contract, or terminate the use of the facility without any liability
13. Telecel may take the same action as above if it suspects that a Subscriber is, or is likely to breach the provisions of this Contract, or has provided inaccurate or incomplete information when concluding this Contract. Subscriber shall still be liable to pay any sum of money due to Telecel under this Contract.

9.Recovery of Service

1.A subscriber is required to notify Telecel in writing if they wish to vacate the service for any given period.

2.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.

3.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.

4. A 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.
5. 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.

10.Termination

1. Either party may terminate this Contract at any time and for whatever cause by giving the other party thirty days notice in writing of its intention to so terminate.
2. Termination of this Contract does not absolve any Subscriber from paying his/her accrued bills or any other obligation that may have accrued prior to the termination.
3. However, in case of termination of a fixed line Contract 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.
4. On termination, the Subscriber shall pay to Telecel all costs including legal fees reasonably incurred by Telecel in enforcing its rights under this Contract including the recovery of monies.
5. Upon variation of the services, prices or terms of this Contract, the Subscriber may terminate this Contract in accordance with clause 14(13).

11.Assignment

Telecel shall be entitled to procure third parties at any time to meet its contractual obligations.

12.Maintenance of the Service

1.Telecel shall undertake routine maintenance of its entire network. Telecel shall accept fault reports on its hotline.

2. It 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, the cause of which lies outside its network, the cost incurred shall be charged to the Subscriber.

13.Use of the Service

1.Telecel reserves the right to issue instructions regarding use of the service as it may from time to time consider necessary to maintain the integrity, quality and safety of the service for all subscribers and such instruction shall be binding upon the Subscriber and be deemed to form an integral part of this contract.

2.The Subscriber is personally responsible for all use of the service made from 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

ii eavesdropping, intercepting or learning the contents of any message on the network:

iii persistent calls that may cause annoyance, inconvenience or needless anxiety to any person; or

iv any improper, immoral or unlawful purpose;

1. Telecel has the right to treat the use of the service in contravention of this paragraph as a ground for the suspension of the service or termination of the Contract.
2. Subscribers shall at their expense install and maintain their equipment or system between the subscriber drop and the socket. 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.

14.Liability

1. Telecel shall under no circumstances accept liability for consequential loss, lost profit and loss of data. Neither shall it accept damage caused by any use of its services which is illegal or in breach of this Contract.
2. 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 down loads.
3. 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 access.

15.General

1. The Subscriber must notify Telecel immediately of any change of details as submitted on the registration form.
2. The Subscriber agrees that information submitted, including personal details and transactions will be recorded and kept for record keeping purposes for a period of 6 years from date of disclosure.
3. 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 statistical or research purposes.

3.Any dispute arising out of or in connection with this Contract shall be settled amicably, failing which the parties shall submit to the Commercial Courts of Ghana.

4.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 service.

5. Information contained in Telecel promotional material advertisement and publicity campaigns are for information purposes only and shall not form part of this Contract. The Subscriber acknowledges that he/she has not relied on or been induced by any such material in executing this Contract into which the Subscriber has entered after having read the Contract.
6. Should any of the provisions of this Contract become void for any reason, the validity of the remaining provisions shall not be affected thereby unless the commercial intent of this Contract is thereby frustrated.
7. No warranty, condition, undertaking or term (whether implied or express) as to the nature or quality of the service is part of this Contract unless expressly accepted in writing by Telecel through a duly authorised representative.
8. This Contract including the information overleaf constitutes the whole agreement between Telecel and the Subscriber. All orders accepted by Telecel and all services provided by Telecel are subject to these conditions.
9. Any failure or delay by Telecel to exercise any option or right or remedy under this Contract shall not operate as a waiver, continuing or in the future.
10. If the service is requested in the name of a limited liability company, the duly authorised company secretary or a duly authorised director shall sign this Contract on behalf of the company.
11. Subsribers shall under no condition temper/remove the SIM card from the MDP. Any such attempt will block the SIM and the subscriber shall be surcharge with the cost of restoring service.
12. In case of re-subscription irrespective of the reason for cancellation of the previous contract, the Subscriber shall not necessarily get back his former service number.
13. Telecel reserves the right to vary its services, prices and terms of this Contract at any time. Telecel shall notify Subscribers of any change in a suitable manner. Where a minimum duration has been agreed upon in the Contract documents, Subscribers shall have the right to terminate this Contract pre-maturely with no financial consequences on the date on which a price increase becomes effective. If the Contract is not terminated, the price increase shall be deemed to have been accepted by the Subscriber.
14. 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. In this case, Subscribers shall not be entitled to terminate the Contract prematurely.
15. 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 @Askvodafonegh
16. Warranty -SUBSCRIBER EQUIPMENT
17. Telecel warrants that it shall, for a period of three months after the purchase replace at its own discretion the subscriber equipment provided to the subscriber after which the subscriber shall be expected to pay for the subscriber equipment at a cost which may be revised from time to time.
18. This warranty does not apply where the subscriber equipment is destroyed by power surge, vandalized, misplaced or stolen.
19. Jurisdiction
20. This Contract shall be governed by and construed in accordance with the laws of the Republic of Ghana.
21. Force Majeure
22. 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 virus attack.