Terms and Conditions for Tizeti Network Limited’s Wifi.com.ng Shared Internet Service
Please read the Terms and Conditions provided below carefully. These terms set forth the legally binding terms and conditions for the use of Tizeti’s Broadband Services (the Services) and these terms shall govern your use of the Services for the period which you are subscribed to use the Services. Kindly note that these terms may change from time to time and shall apply in respect of all the Services.
In these Terms, unless the context otherwise provides, the following words shall have the following meanings:
“Agreement” means this Terms and Conditions as read, understood and signed by the Customer, applicable from time to time;
“Channel Partner” means a company that partners with Tizeti to sell the Services;
“Customer” means any person or organization who has agreed to utilize any of Tizeti’s Services
pursuant to these Terms and Conditions;
“Government Authority” means any national, supranational, regional or local government or governmental, legislative, administrative, fiscal, judicial or government-owned body, department, commission, authority, tribunal, agency or other entity exercising executive, legislative, judicial, regulatory or administrative powers or functions of or pertaining to government or any subdivision thereof, including any duly authorized law enforcement agencies; and
“Services” means the provision of internet to its Customer and includes all service packages, service plans, schemes and offers introduced by Tizeti from time to time.
2. OUR SERVICE SCOPE
- 2.1. Tizeti shall provide Broadband Access Services to the Customer for the period which the Customer has subscribed to the use of the Services.
- 2.2. Tizeti reserves the right to withdraw, amend, modify or delete account related codes, IDs, email ID, user id, or passwords/s allocated/assigned/shared by Tizeti to the Customer, at any time without assigning any reason thereof.
- 2.3. The Services remain exclusive property of TIZETI, and the Customer is authorized to use, only during the sustenance of this Agreement. The right to use all Services, Application or features or Access parameters including but not limited to email ID, user ID, password etc. as set out under the services, will cease to exist on the day your Agreement expires with Tizeti.
- 2.4. Tizeti reserves the right to withdraw, amend, modify or delete Services/s, Service packages, Service plans, Schemes, Offers, at any time without assigning any reasons thereof, provided that notice of such action shall be given to the User at a reasonable time thereafter.
- 2.5. Tizeti shall not be liable for any loss, cost or damage arising from transactions the Customer enters into with third parties using the Services (such transactions shall include and are not limited to buying or renting goods or services from such third parties or ordering goods from other organizations using our internet services).
- 2.6. Neither Tizeti nor the Channel Partners warrants that the Services will be uninterrupted or
error free or that any information, software or other material accessible on the Service is
free of viruses, worms, Trojan horses or other harmful components.
- 2.7. Neither Tizeti nor the Channel Partner shall be responsible for installation of hardware or software needed for the Service package and the Customer shall ensure that competent persons have satisfactorily done the same. Without prejudice to the foregoing Tizeti or the
Channel Partner will render customer advisory service sans recourse.
- 2.8. Tizeti or its Channel partners shall not be responsible for compatibility problem(s) of hardware/software at the customer premises. Customer herewith expressly acknowledges and agrees that installation of applications at its hardware shall be carried out by a competent person and Tizeti shall not be liable for any loss or damage to Customer’s hardware (PC/Computer/Server) during the course of such installation of sustenance of this
- 2.9. Tizeti accepts no responsibility whatsoever for the content of any material from other
websites, organizations, which may be accessed through the Services.
- 2.10. Tizetireservestherighttoblockaccesstoanysuchinformationwhichisnotpermissibleas per the law of the Federal Republic of Nigeria and/or as directed by the authorized
honorable representative offices of Federal Government of Nigeria.
- 2.11. Ourdaycommenceson00:00:00amandendsinanother23:59:59pmandinternetexpires
00:00:00 of the expiration day.
- 2.12. The devices belong to the company and will be withdrawn from customer if customer’s
account is expired for 90 days.
- 2.13. Upon damage of the device, the customer takes full responsibility. Prices for replacement
of devices are subject to market forces.
- 2.14. However, the safety of the devices is the customer’s responsibility. Hence, Customer is
advised to take full responsibility and its safety precaution in safe-guarding the device.
- 2.15. Unless within the reasonable confines of any applicable law, no member of our staff shall
be held hostage.
- 2.16. The relocation of a fixed CPE is subject to cost and must be within coverage area.
- 2.17. Upon no coverage, Customer will not be refunded on setup if customer has already been
installed and confirmed the internet is working or refund of subscription.
- 2.18. Customer’s card will be charged within 7 days if our device has not been retrieved. The Customer is required to ensure that the registered card can be charged as the need arises,
failing which legal action may be taken.
- 2.19. Customer account cannot be suspended or put on hold once payment is made.
- 2.20. TherewillbemultipleSSIDonyourdevicefortestanddevelopment.Ifforanyreasonyou
do not want this, there will be a charge to this.
- 2.21. Tizetihastherighttoapplystrictrestrictionstoanysitedependingonthedemandonthe
- 2.22. Tizeti reserves the right to upgrade the Network/ capacity so as to provide desired speed of Services to the Customer, without prior information either to the Customer or the Channel partner. However the customer understands and agrees that Tizeti services may be affected by factors including but not limited to type of equipment being used by you, the internet site/server being visited, network availability, the number of users accessing the internet network in an area/Location; strength of the signal and equipment distance from the nearest antenna and ecological conditions which shall impact operation at desired speed at all times.
- 2.23. The customer understands further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Customer’s access to such materials will be at his own risk. Tizeti or the Channel partners have no control over the same and accepts no responsibility whatsoever or such materials.
- 2.24. Tizeti observes a zero-tolerance policy regarding the delivery of Spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, the Customer will not send, cause to be sent or facilitate, Spam using the Service. Accounts that send Spam or that we believe may be facilitating Spam may be suspended and terminated and Tizeti will work with the proper authorities in the event of a prosecution.
- 2.25. TizetioritsChannelpartnerreservestherighttoreleasedetailsofcustomertoanysecurity agents, as required by law, in a case the account was used to commit fraud
- 2.26. Tizeti or its Channel partner will not be held responsible if the service is used for impersonation.
- 2.27. Tizeti requires the customer to provide information on the customer’s profile at the time of sign up.
- 3.1. Tizeti may provide Customer’s information, in response to request from Government Authority or other website administrators, to detect and prevent security incidents, crime and prosecute offenders. In line with the relevant laws of the Federal Republic of Nigeria, Tizeti may also provide information to protect national security.
- CUSTOMER’S OBLIGATIONS
You may not use the Services in a way that risks degradation of services levels to other customers, third parties and put our system at risk. If we believe that you are using our Services in any of these ways, as mentioned, we are entitled to reduce, suspend and/or terminate any or all of our Services without giving you prior notice.
- FORCE MAJEURE
Tizeti is not liable for failure to perform its obligation if such failure arises as a result of a Force Majeure which includes (but is not limited to) acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless
of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or industrial disputes or interruption or failure of electricity or telecommunications service; actions of regulator or local or national governments or other authorities.
- SUSPENSION OF SERVICES
Tizeti may suspend any or all of Services immediately without notice if: payments made to Tizeti have not been realized for any reason due to Customer’s fault; Tizeti has to do so by law or in line with an Agreement; Tizeti has reason to believe that the Customer has provided Tizeti with false, inaccurate or misleading information either for the purpose of obtaining our Services and/or Access Devices; Tizeti believes that the Customer or another person at the Customer’s office or home has committed, or may be committing, any act which contravenes the terms of the Services Agreement by using the Services; or Tizeti needs to carry out any maintenance, repairs or improvements to any part of its services or its systems, provided that reasonable notice may be given for this purpose.
While every effort is made by Tizeti to provide highest quality of Service, the Customer acknowledges that Tizeti network is interconnected with high speed internet links provided by other service providers/ entities that are responsible to maintain these links as reliable as possible. Tizeti does not own any responsibility in case of interruptions in the inter-connect network beyond its reasonable control. Tizeti shall not be responsible whatsoever for any interruption caused by the quality of these links, defect in connectivity or any inconvenience, damages or any other liability whatsoever wither from the Customer or anyone else in this regard.
- AMENDMENT OF TERMS AND CONDITIONS
Tizeti may at any time improve, modify, amend or alter the terms and conditions of the Services if there is any charge or amendment to any law or regulation which applies to Tizeti or the Services; Tizeti decides that the Services should be altered for reasons of quality of service or otherwise for the benefit of its customers or, in Tizeti’s reasonable option, it is necessary to do so; for security, technical or operational reasons; in all other events, where Tizeti reasonably determines that any modification to its system or change in its trading, operating or business practice or policy is necessary to maintain or improve the Services.
Any dispute that may arise from the interpretation or application of these terms and conditions, shall where required, be adjudicated by a competent Court sitting in Lagos and the governing law shall be the Laws of the Federal Republic of Nigeria.
TERMS AND CONDITIONS FOR VOIP
- Upon expiration, cancellation or termination of the Services, customers shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or portals assigned to End User by Tizeti
- Tizeti shall not be liable for Jitters, interference, quality of service & connections provided by third party.
- End User shall not modify the Equipment in any way without the express written permission of Tizeti. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment.
- Tizeti reserves the right to take reasonable steps to prevent improper or excessive usage of its unlimited voice service including but not limited to throttling of voice calls
WIFICALL TERMS AND CONDITION OF USE
This Agreement (the “Agreement”) is a legal agreement between you (an entity or person) (“You”) and Wificall Nigeria., a service under Tizeti Networks Limited, that governs Your limited, non-exclusive, terminable right to use of the Wificall.ng website and related services (“Site”), the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”). By clicking on the “Accept” button, or otherwise using the Service, You agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Wificall may amend this Agreement from time-to-time and reasonable notice shall be given to You upon such amendment. All amended terms automatically take effect on the sooner of the day You use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice. The Site and service provided by the Site is available only to individuals who are not less than 13 years old.
- Services Offered by Wificall
Wificall provides users the ability to make or receive voice calls, by using a phone number provided by Wificall. These services can be accessed via internet or a mobile device. The Wificall Services are not a replacement for any phone lines, whether wired, wireless or Internet based but an alternative service with added advantages. Although these calls use your third-party mobile data or wireless network, they will appear on Your Wificall contact’s phone as coming from the Wificall number.
- Limited License:
You are granted a limited, revocable, non-exclusive, non-transferable license to use the Software to access Services for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree not to resell the Software. You may not modify, reverse engineer, decompile or disassemble the Software. You may not copy, adapt, alter, modify, translate, or create derivative works of the Software without written authorization of Wificall. You may not use the Software for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Software. You may not circumvent or disable any technological features or measures in the Software for protection of intellectual property rights. Any such forbidden use shall immediately terminate Your license to the Software.
- Spam Policy:
Wificall observes a zero tolerance policy regarding the delivery of Spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, You will not send, cause to be sent or facilitate, Spam using the Service. Accounts that send Spam or that we believe may be facilitating Spam may be suspended and terminated, we may participate in the prosecution of Spammers.
- Prior Express Written Consent; Opt-out Mechanism
(a) You will not send, cause to be sent or facilitate the sending of any mobile communications using the Service if the intended recipient has not given You prior express written consent, even if You had a previous business relationship with the intended recipient. Under no circumstances will You send Spam or any other message where You obtained the consent of the recipient as a condition to a purchase. (b) For purposes of the Agreement, “Prior express written consent” means a written agreement, signed by the intended recipient, that authorizes You to deliver marketing messages using an automatic telephone dialling system or prerecorded message to the specific number authorized in the agreement. The agreement must include a clear and conspicuous disclosure that the intended recipient may receive a call or mobile communication from You and must also state that there is no requirement to provide consent as a condition of making any purchase. (c) You will include an automated interactive (voice or keypress) opt-out mechanism, announced or displayed at the beginning of the message and remaining available for activation during the entire message, that will allow customers or potential customers to opt-out of receiving additional calls from You immediately. You will automatically add the customer’s or potential customer’s number to Your do-not-call list and immediately disconnect the call when the opt-out mechanism is activated.
- Use of Wificall
- To violate any law, regulation or other published policy;
- To violate any agreement, rules or policies that govern the use of your mobile device;
- To transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole
- To transmit sexually explicit, pornographic, obscene, or other content which in our
sole discretion we find objectionable;
- To sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or
transfer any Wificall account;
- To stalk, harass, or harm another individual; or
- To impersonate another, misrepresent or falsely identify yourself.
- To violate any applicable third party policies or requirements that Wificall has communicated to you. in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
- To engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems such as those by classified advertising websites.
Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
6. Pricing, Charges, Billing and Usage
Wificall will never charge you to use its Services, unless you sign up for a paid plan, which requires you to affirmatively select a plan and pay by entering your debit card information. You authorize Wificall to charge and/or place a hold on your debit/credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the debit/credit card to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of this Agreement is authorization to the issuer of the debit card to pay all such amounts. You authorize Wificall and/or any other company who bills products or services, or acts as billing agent for Wificall to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your debit/credit card until such amounts are paid in full. You authorize Wificall and/or any other company who bills products or services, or acts as billing agent for Wificall to bill you on a recurring monthly basis on the monthly anniversary of your initial registration for a paid Wificall plan. You will provide Wificall with updated debit card information upon Wificall’s request and any time the information you previously provided is no longer valid. Wificall is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your debit/credit card. For paid plans, usage and monthly fees will be charged directly to the debit/credit card you provide to us as specified in our pricing plans found at www.wificall.ng. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of your billing cycle. You agree to pay for all Wificall Services. If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services. You also remain responsible for paying your monthly Service fee if your Service is suspended for non payment. In the event you fail to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs. Wificall may, at its discretion, refund a monthly or yearly payment if You: (i) mistakenly let Your account continue into a new monthly or yearly billing period,
(ii) request that the account be refunded within 15 days of billing for the new period, and (iii) do not use Your account during that period.
- Portability and Reclaiming Numbers
If your Wificall account remains inactive for ninety (90) days or more, we have the right to deactivate your account and reclaim the Wificall Phone Number that was assigned to you when you signed up to use the Wificall Service.
- Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of Wificall, except as otherwise stated. Unless otherwise specified, this Service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
You may not modify, copy, distribute, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, except for the purposes expressly provided herein, without Wificall’s prior written approval.
All trademarks, trade names, service marks and logos are proprietary to Wificall. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Wificall, is strictly prohibited.
- Content License
You grant Wificall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights that you have as the copyright owner in any content or feedback that you provided to us.
The materials on Wificall’s web site are provided “as is”. Wificall makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, intellectual property or other violation of rights. Since the Wificall Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure.
In no event shall Wificall or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if Wificall or a Wificall
authorized representative has been notified orally or in writing of the possibility of such damage.
- Your Responsibility to Protect Data and Password
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying Wificall of any unauthorized use of your account, or breach of your account information or password. Wificall will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines for your failure to safeguard username and password information and/or promptly notify Wificall about unauthorized use of your account or breach of your account information or password.
- Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
You will indemnify and hold Wificall, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your violation of any law, or the rights of a third party.
- Contacting Users
By using Wificall, you agree that we may contact you via voice call, text message or other electronic medium. In the event that any information you have provided to Wificall changes, including but not limited to, your phone number, e-mail or address, you agree to promptly update your information.
You hereby acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
1. What information does the Application obtain and how is it used? User Provided Information The Application obtains the information you provide when you download and register the Application.
Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
2. When you register with us and use the Application, you generally provide (a) your name, email address, age, username, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) debit/credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.
- We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
- Automatically Collected Information
• In addition, the Application may collect certain information automatically, including,
but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
5. Does the Application collect precise real-time location information of the device?
• This Application collects information about the location of your mobile device. 6. Do third parties see and/or have access to information obtained by the Application?
• Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
- We may disclose User Provided and Automatically Collected Information: as required by law, such as to comply with a subpoena or similar legal process.
- What are my opt-out rights?
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement. If Wificall is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information. You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
9. Data Retention Policy, Managing Your Information
• We will retain User Provided data for as long as you use the Application and for a
reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
• We do not use the Application to knowingly solicit data from or market to children
under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
• We are concerned about safeguarding the confidentiality of your information. We
provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, your password is hashed and encrypted before storage and we cannot decrypt the password, the database holding all our user data is secured and redundancy is provided to prevent data loss or corruption. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
13. Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)
• Information that customers disclose in a public space, including on any bulletin board, chat room or any site Wificall may host for you, is available to anyone else who visits that space. The brand cannot safeguard any information you disclose there.
14. Your Consent
• By using the application and in accordance with the Nigeria Data Protection
16. Contact us
• If you have any questions regarding privacy while using the Application, or have
questions about our practices, please contact us via email at Hello@wificall.ng.
Our consumer code of practice can be found here https://www.tizeti.com/consumer-code/