Internet Solutions Nigeria LimitedTerms and Conditions.
TERMS AND CONDITIONS OF SERVICE FOR ISN
1- Internet Solutions Nigeria Limited (“ISN”) Terms and Conditions of Service policy (the “Policy”) defines the accepted practices
relating to the use of ISN Limited services (the “Service”) by customers of ISN (the “Customers”).
By using the Service, Customers acknowledge that they and their users are responsible for compliance with the Policy. This Policy applies to all aspects of the Service provided by ISN. Customers are responsible for violations of this Policy by any User. The Service is therefore provided based on the provisions of this Policy.
2- The “equipment” shall mean all radios, antenna, bases, poles, switches and other accessories necessary to establish the Service.
The Customer’s Responsibilities
1- The customer shall:
- a. Provide any technical information related to matters for which the Customer is responsible which is required by the Company in order to provide the service and comply with any applicable operational requirements or procedures.
- b. Obtain a written approval from the landlord consenting to the installation of equipments, where the customer is a lessee on the premises
- c. Not to use or permit the use of services provided hereunder by ISN for any illegal or criminal use. Customer shall comply with all existing laws and government regulations with respect to use of service and with ISN’s acceptable use Policy.
- d. Ensure that reasonable environmental conditions for the effective operation of the Terrestrial Links that are maintained at the Customer’s premises are not damaged, tampered with or removed by any person.
- e. Not knowingly do or omit to do any act, which will cause ISN to be in breach of any of its obligations pursuant to any subcontract between ISN and any third party for the supply or maintenance of the Terrestrial Links.
- f. The Customer shall pay the amounts as and when due. If any sum payable by the Customer is not received by ISN in cleared funds within Thirty (30) days of the date on which payment should have been made, upon notification to CUSTOMER, interest shall be charged on such sum at 2% above the base rate of ISN’s bankers on such date. Interest shall accrue on a daily basis and shall be compounded monthly.
- g. All sums payable under these terms and conditions shall be paid in full without set-off, counterclaim or other deduction unless as mutually agreed by both Parties.
- h. All sums due under these terms and conditions shall be paid in full without set-off, counterclaim or other deduction unless as mutually agreed by both Parties.
- i. Any sum falling due on a day which is not a Business Day shall be payable on the immediately following Business Day.
2- The Customer shall be responsible for providing the following facilities and gadgets to ISN for it’s use in providing the Service: Rack and rack space for the installation of the radio indoor unit, Air- conditioned room for equipment installed by ISN and Customer shall ensure the equipment provided by ISN is supported by appropriate and stabilized power, lightening protection device, and electrical grounding for its facilities and ensure periodic survey and maintenance of the grounding.
3. The following Special Conditions shall apply to the Parties in providing the Service. Customer shall provide free access to the sites for ISN’s nominated engineers and technicians. In the event of damage to ISN equipment due to inappropriate or un stabilized power, power surge, lightening or grounding effects, Customer shall be solely liable to take responsibility for any such disruption of service or damage to ISN’s equipment occasioned by lack of or inefficient grounding. ISN shall provide all safety equipment and tool required to carry out any work associated with providing the service.
4. The Customer shall not, without the written express permission of ISN Limited, resell or make available to any third party services as they might receive from ISN Limited. Only the registered user is authorized to use the service.
ISN will provide the service in accordance with a standard 98% uptime except if a
separate Service Level Agreement is signed. During the Term of Service
occasional interruptions of the Service may be required for the repair,
maintenance, testing or improvement of ISN’s systems and apparatus and similar
matters. To the extent practicable and technically feasible, the Customer shall be
given notice of any such interruption. ISN shall use its reasonable endeavours, so
far as it is able to influence events, to minimize disruption of the Service.
ISN’s obligation under these terms and conditions is to provide the Service to the Customer and its liability for any failure to do so is limited exclusively to granting credits or refunds to the Customer as expressly provided in these terms and conditions. The foregoing undertaking is in the lieu of all other warranties, expressed or implied, including but not limited to, any implied warranties of merchantability and fitness for a particular purpose.
In no circumstances shall either party be liable to the other in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings arising in relation to the Service or for any indirect or consequential loss whatever.
Termination of Service
The Customer shall have the right to terminate the Service giving advance notice
from the next billing date of 30 days notice in the case of a single Dwelling
Client/user and 60 days termination notice in the case of a Multi-Unit Dwelling or
ISN may terminate the service and is released from all obligations pursuant to these terms and conditions with respect to the Service forthwith by notice to the Customer if: (i) the Customer fails to pay any sums due to ISN in relation to the Service and fails to remedy the breach within five working days after receiving notice specifying the breach and requiring it to be remedied: (ii) the Customer uses the Service in any way contrary to any regulations that may be applicable; (iii) The Customer ceases to carry on business; (iv) the Customer goes into liquidation whether voluntary or compulsory (except voluntary liquidation for the purpose of reconstruction or amalgamation); (v) an administrative order is made in relation to the Customer; or (vii) the Customer enters into any scheme of compromise or arrangement with its creditors.
Each provision of this clause is to be construed as a separate limitation. In the
event of any one or more of the provisions of this Policy being found to be
unenforceable by any court of competent jurisdiction the remaining provisions of
the Policy shall, to the fullest extent permitted by the law, continue to be binding
on the parties.
The Customer acknowledges that ISN may contract with one or more third parties for the provision of the terrestrial circuits comprised in the Terrestrial Links.
These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the parties agree to submit to the exclusive jurisdiction of the Nigerian Courts.
ISN Limited shall be released from the performance of its obligations under this Policy to the extent, and for as long as the performance of the Policy is impeded by reason of force majeure, which expression for the purpose of this clause means, but not limited to, any circumstances which are beyond the control of ISN Limited including embargoes, national emergencies, insurrection, civil war, riots, strikes, labors disputes, fire, floods or other catastrophes, acts of God, And the act or failure or defect in the performance of the obligation of any governmental authority or organization. ISN shall notify the customer at its earliest convenience after an event of the nature described in this clause above shall have occurred.