Ahotor Promotion

Scope

These Terms and Conditions govern the use of all services offered and operated by Ghana Telecommunications Company Limited (trading as Vodafone Ghana) herein referred to as ‘Vodafone’. Subscriber hereby undertakes to provide all information as required by Vodafone before activation of Service and at any time if so requested, by Applicable Law(s) during the tenure of this Contract.

Definitions

Applicable Law means law, regulation, binding code of practice, rule or requirement of any relevant government or governmental agency, professional or regulatory authority, each as relevant to (i) Vodafone Cash in the provision of the Vodafone Cash Services and/or

(ii) the Client in the receipt of the Vodafone Cash Services or

(iii) either Vodafone Cash or the Client, in the carrying out of its business

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

Force Majeure means anything outside the reasonable control of Vodafone, including but not limited to pandemic, any decision of the NCA or any department of state, an act of war or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance (excluding industrial action by employees of Vodafone or its subcontractors), currency restriction, embargo, or a failure of a public utility or telecommunications carrier.

Installation Charges means fees payable by Subscriber to Vodafone for installation of the Service(s)

NCA means the National Communications Authority for electronic communications or telecommunications services in Ghana.

Network access means the Vodafone telecommunications network which provides the Service(s).

Registration Form means a structured form containing required registration details and acceptance of these terms and conditions by the Subscriber.

Retail shops means a place of business used as a physical point of contact for the sale of Vodafone products and services.

Services means telecommunications service provided by Vodafone including fixed line, SIM Card for mobile, Broadband and any other Services as Vodafone shall provide.Subscriber means a third party that is subscribed to the Service(s) provided by Vodafone Ghana.

Subscriber Equipment means SIM card, Mobile Desk phone (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 Vodafone.

User Guide means a technical or other communication/reference document describing the Vodafone Service, application and use.

Performance of Vodafone Network access

Vodafone shall subject to these terms and conditions, provision, operate, establish and maintain the Network connections and shall use all reasonable endeavours to make the Service available to the Subscriber.

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.

Vodafone 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.

Vodafone shall allot telephone numbers to Subscribers for their exclusive, non-transferable use from the number blocks assigned to it by the NCA.

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 Vodafone.

Vodafone may change Subscribers’ telephone numbers for operational or technical reasons or where required by the authorities, without any liability and without paying compensation.

Vodafone 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. Vodafone shall however use its best commercial endeavours to minimize the consequences of any adverse effects that any failure in performance shall have on its obligations to Subscribers under this Contract and shall return performance to normal as soon as reasonably possible.

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.

Billing and terms of payment

Vodafone shall issue invoices/bills based on the record of consumption of the Subscriber where necessary.

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.

Subscriber may lodge written objection to the invoice within the prescribed period of payment and before the expiry of same.

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.

If the objections relate solely to part of the amount on the invoice, Vodafone may request that Subscribers pay the undisputed part of the invoice by the due date.

Where Subscribers have neither paid the amount indicated on the invoice nor raised objections to same in writing by the due date, Vodafone 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.

The Subscriber shall bear any cost incurred by Vodafone as a result of late payment. Vodafone reserves the right to resort to any legal means to recover the unpaid bills.

Vodafone 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.

Prices

The current price lists of Vodafone shall apply, except where the prices are specified in this Contract or where the Subscriber is notified immediately before a specific Service is used.

By taking up the Services offered, Subscriber accepts to pay the current prices. If Vodafone reduce its prices, it may simultaneously vary any discount granted prior to the price reduction.

Vodafone reserves the right to revise the fees, tariffs, costs, rates and charges from time to time and such revisions may be advertised by Vodafone in newspapers or in leaflets distributed with invoices or through tariff manuals to be issued on demand.

The revised fees, tariffs, charges, rates, costs shall apply from the date it was advertised or notified.

Set-off

The Subscriber shall not be entitled to offset sums due to Vodafone against any sums due to them in other transactions with Vodafone.

Suspension and Disconnection

Vodafone 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 Vodafone (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 Vodafone network.

Such activities may include (but are not limited to) using the Service to knowingly or unknowingly aid money laundering and the financing of terrorism, make calls to or from any Mobile Gateway, ‘SIM box’, VoIP bypass or similar or related devices.

Vodafone reserves the right to fully defend its position and take such further action as it considers necessary for this purpose.

If there is evidence or if it comes to the notice of Vodafone that the facility provided herein is being used unlawfully, Vodafone may either notify the Subscriber concerned in writing to use the facility in conformity with the provisions of this Contract, or immediately terminate without notice the use of the facility. Vodafone shall not be held liable for the disruption of Service or any related damages in such instances.

Vodafone may take the same action as above if it suspects that a Subscriber has, 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 Vodafone under this Contract.

9.Recovery of Service

1.A Subscriber is required to notify Vodafone in writing if they wish to terminate the Service for any given period.

2.Vodafone reserves the right to recover a pre-paid Service that has not received payment for 6 months and over without written notice.

3.Vodafone reserves the right to recover a post-paid Service that remains unused and does not generate new charges for a period of 6 months and over without written notice.

10.Termination

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.

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.

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.

On termination, the Subscriber shall pay to Vodafone all costs including legal fees reasonably incurred by Vodafone in enforcing its rights under this Contract including the recovery of monies.

Upon variation of the Service(s), prices or terms of this Contract, the Subscriber may terminate this Contract in accordance with clause 15(13).

11.Assignment

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

12.Maintenance of the Service

1.Vodafone shall undertake routine maintenance of its entire Network. Vodafone shall accept fault reports on its hotline.

Vodafone shall repair faults which are within its control in a reasonable time using all reasonable means at its disposal during business hours. If Vodafone 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.Vodafone 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:

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;

Vodafone 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.

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.

Vodafone Cash ‘Ahotor’ Offer shall be valid for 30 consecutive days only and capped at one hundred (100) Subscriber to Subscriber transactions.

4.1 Uponsubscribing, the Subscriber shall receive two text messages, the first on the receipt of payment for the Offer and the second text 5 minutes after confirming that the Offer has been activated.

4.2 Subscribers to this Service will be charged as per the normal charges for making transfers to non-Vodafone Cash money wallets.

4.3 Ahotor Offer will not be automatically renewed. Subscribers wishing to enjoy this service will have to dial *110# and follow through the requisite steps. However, Subscribers will be sent notifications when their existing Offer is about to expire and again when it expires.

4.4 Upon request only, Subscribers who hit their daily transactional limit may upgrade their registered mobile wallet tiers by either calling 100 for further assistance or submitting the required ID to the appropriate agent/retail store.

14.Liability

Vodafone 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.

Vodafone 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. Vodafone shall not refund any fees and accepts no liability for damage resulting from down loads.

If Subscribers use their access to the Network to purchase goods or services from third parties, Vodafone shall not be liable, neither does it provide warranty for such services or goods purchased or ordered over the Network access.

15.General

The Subscriber must notify Vodafone immediately via appropriate channels of any change of details as submitted on the Registration Form.

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. Vodafone shall keep such records in line with Applicable Law.

3.Any dispute arising out of or in connection with this Contract shall be settled amicably in the first instance, 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. Vodafone may from time to time convey to Subscribers such applicable requirements and restrictions.

Information contained in Vodafone 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.

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.

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 Vodafone through a duly authorised representative.

This Contract including the information overleaf constitutes the whole agreement between Vodafone and the Subscriber. All orders accepted by Vodafone and all Services provided by Vodafone are subject to these conditions.

Any failure or delay by Vodafone to exercise any option or right or remedy under this Contract shall not operate as a waiver, continuing or in the future.

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.

Subscribers shall under no condition temper/remove the SIM card from the MDP. Any such attempt will block the SIM and the Subscriber shall be surcharged with the cost of restoring Service.

In case of re-subscription, irrespective of the reason for cancellation of the previous Contract, the Subscriber shall not necessarily be guaranteed his or her former Service number.

Vodafone reserves the right to vary its Service(s), prices and terms of this Contract at any time. Vodafone 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.

Where rates of tax and duties (in particular, Value-added tax and National Insurance Levy) are varied, Vodafone shall be entitled to adjust its tariffs accordingly. In this case, Subscribers shall not be entitled to terminate the Contract prematurely.

Reference to “writing” or “written” includes email unless otherwise expressly stated

Warranty -SUBSCRIBER EQUIPMENT

Vodafone warrants that it shall, for a period of three months after purchase replace at its own discretion the Subscriber Equipment provided to the Subscriber found to be faulty. After such replacement, the Subscriber shall be expected to pay for the Subscriber Equipment at a cost which may be revised from time to time.

This warranty does not apply where the Subscriber Equipment is destroyed by power surge, vandalized, misplaced or stolen.

The warranties in clause 16 above do not include any defects, problems or failures caused by the events of a Force Majeure.

Jurisdiction

This Contract shall be governed by and construed in accordance with the laws of the Republic of Ghana.