AirtelTigo Customer Connection Agreement Form Terms and Conditions
AirtelTigo Customer Connection Agreement Form Terms and Conditions
The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the terms of this agreement nor any clause hereof. Unless a contrary intention clearly appears –
any one gender includes the other two genders;
the singular include the plural and the vice versa ; and
natural persons include created entities (corporate or incorporated) and the state and vice versa
the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely-
“the/this agreement” means the agreement contained in this document together with all schedules and addenda to this agreement from time to time;
”call charge” means the charge for each call, data transfer and/or short test message registered and recorded on the system as having emanated from the equipment/SIM card, calculated at the cost per unit of time utilized by the subscriber, as set out in the schedule of charges;
“charges” means connection charges, monthly access charges, call charges and all other charges payable for the provision of the network services, SIM cards and any other services howsoever described by AirtelTigo to the subscriber as detailed in the schedule of charges published by AirtelTigo from time to time.
“charges limit” means the maximum amount of charges which the Subscriber may incur in any month as set out in the customer agreement form, or as varied by AirtelTigo from time to time in accordance with the provisions of the clause 4.8;
“commencement date” mean the date of activation of the SIM card(s) on the system;
“Connection charge” means the charge levied by AirtelTigo on the subscriber in consideration for activating the subscriber’s SIM card.
“Initial period” means the initial period set out in the contract form or, in relation to any additional SIM cards delivered to the subscriber after the commencement date, the initial period in respect thereof. Unless otherwise specified in this agreement, the initial period is a period of 24 (twenty four) months calculated from the commencement date;
“monthly access charge” means the monthly charge payable by the Subscriber to AirtelTigo in respect of each SIM card so as to provide the subscriber access to the services;
“AirtelTigo” means Airtel Ghana Limited, a company registered under the laws of the Republic of Ghana.
“parties” means collectively AirtelTigo and the Subscriber, and “party” shall mean either one of them as the context requires;
“Regulatory Authority” means, the National Communications Authority or any other body appointed in its stead to regulate the activities of the Ghanaian Telecommunications industries” 1.2.12. “schedule of charges” means the standard list of charges, as published by AirtelTigo from time to time, detailing the then current charges by the current Subscriber to AirtelTigo;
“SIM card(s)” means the subscriber identification module(s) supplied by AirtelTigo to the Subscriber in terms this agreement which when activated by AirtelTigo and used in conjunction with the equipment, permits the subscriber to the use of the services;
“the Subscriber” means the postpaid Subscriber whose particulars are set out in the customer agreement form set out overleaf, or attached hereto and which forms part of this agreement.
“the services” mean the provision of mobile telecommunication services in terms of this agreement by means of connection of the equipment and the SIM card(s) to the system, utilizing technology that enables the Subscriber to make and receive calls, transfer and receive data and send and receive short message service text messages together with such additional and ancillary services as may be made available by AirtelTigo to the subscriber from time to time;
“system” means the public digital cellular mobile telecommunication systems operated by the global network operator(s) through which the services are made by AirtelTigo to the Subscriber;
“upgrade” means the extension or renewal of the prior initial period of 24(twenty four) months from the date of expiry of the prior initial period or upgrade commencement date, which ever date is later;
“business day” means the hours between 8:00 am and 5 pm on any weekday which is not a public holiday in the Republic of Ghana;
expressions defined in this agreement shall bear the same meanings in schedules or annexures to this agreement which do not themselves contain their own definitions;
Where an expression has been defined and such definition contains a provision conferring or imposing obligations on any party, effect shall be given to that provision as if it were substantive provision contained in the body of this agreement.
The agreement shall commence on the commencement date, and unless terminated in accordance with any other provision of this agreement, shall endure for the initial period and thereafter indefinitely until terminated by the either party upon giving one (1) month notice, or:
By AirtelTigo upon failure of the Subscriber to make payments for airtime used as stated in the Subscriber bill (30) days after the receipt thereof;
Subject to any written notice by AirtelTigo to the contrary, each additional SIM card (if any) delivered to the Subscriber after the commencement date shall be subject to the provision of this agreement, save that in respect of each such SIM card, this agreement and the initial period shall commence on the date of delivery of such SIM card (“the deemed commencement date”) and, subject to any other lawful termination of this agreement shall remain binding on the parties in respect of such SIM card until termination by either party in terms of clause
after the expiry of the initial period as calculated from the deemed commencement date.
Provision of Services
AirtelTigo undertakes to provide the services to the Subscriber upon the terms and conditions set out in this agreement. The services will include the delivery of one or more SIM cards (as specified in the customer agreement form or in subsequent addenda, schedules or purchase orders) to the Subscriber and the connection of the SIM card(s).
If you connect to AirtelTigo Mobile Broadband service(Data Service) and/ AirtelTigo Mobile Money service(Mobile Financial Service) you will be bound by our Data Service Terms & Conditions and/ AirtelTigo Mobile Money service Terms & Conditions respectively published on the website.
Whilst AirtelTigo will take all the reasonable steps to ensure that the services are provided in accordance with this agreement, AirtelTigo cannot and does not guarantee or undertake the provision of the services will be provided at all times and accordingly, AirtelTigo will not be liable for any direct or indirect loss damage of any nature whatsoever or howsoever arising that may be sustained by the Subscriber as a result of any faults or interruptions in the provision of the services.
AirtelTigo shall be entitled from time to time to issue in writing such reasonable instructions as it may deem to be necessary in respect of the use of the service or to be in the interest of safety, quality of service or of other Subscribers and the Subscriber shall be bound by all such reasonable written instruction which shall be deemed to form part of this agreement.
The services are to be provided on the basis that the Subscriber:
Will not utilize the services, or allow others to do so, for any improper, immoral, or unlawful purpose;
Will only use the SIM card(s) in accordance with the manufacturer’s instructions and for the purpose and in the manner for which they are intended;
Will comply with all relevant legislation and regulation and all instructions issued by any governmental authority or by the global network operator(s), regarding the use of the SIM card(s); and
will not act or omit, or allow others to do so, in any way likely to damage, disrupt or interfere with the system or to injure or damage any person or property or to cause the quality of the services to be impaired or interrupted in any manner whatsoever.
You can use your SIM card/number to access international roaming services in other countries where there is connectivity. Roaming involves telecommunication services provided by other network operators outside Ghana. Roaming Services may include but not limited to voice, SMS, and GPRS/3G. The terms and conditions on which you may use roaming services will depend on the Network Operators in the country you are visiting. The terms and conditions of those other Network Operators will apply in addition to AirtelTigo’s which can be found on the website. Promotional offers to AirtelTigo subscribers will not apply to you while you are roaming. A list of the countries in which you can use prepaid number for roaming services can be found on our website.
Subscriber will have to apply to AirtelTigo for prior authorization to use international roaming services in all countries where AirtelTigo has roaming service coverage. Your request for roaming services will be subject to meeting our credit criteria. An application fee may apply and we may also ask you to pay a noninterest bearing deposit. If your application for roaming service is accepted by AirtelTigo, all charges incurred while roaming will be deducted from your deposit and/or from your account, at the sole discretion of AirtelTigo.
AirtelTigo charges will apply to all roaming services rendered by the network you are connected to while you are out of Ghana. Use of roaming Service is dependent upon the roaming carrier’s support of applicable network technology and functionality. Certain capabilities of the Service may vary or be unavailable in certain countries and with particular carriers while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. We will not be responsible for the way in which any external network operator provides or fails to provide any roaming service (including disconnection, lack of coverage or the performance of that carrier’s network). Billing for international roaming usage may be delayed up to three months due to delay in reporting between carriers. You are responsible for paying your roaming charges whenever the bill is rendered. Your phone account will be debited with all international roaming charges incurred while using roaming service.
AirtelTigo One Network: Enjoy a borderless roaming service on Airtel Operations across the world with our AirtelTigo One Network service. With AirtelTigo One Network, you are treated as a “virtual” local customer when you travel to any country where Airtel subsidiary operates in, which means, you get to use your AirtelTigo SIM card in your host country and pay the same local rate for all calls, flat rate for SMS and GPRS. You also receive first 100mins of calls for free in all Airtel African countries and India except Burkina Faso and Niger. Free call you receive is valid for 30 days in accumulation. Calls received after free 100mins will be charged. Our services are subject to the Fair Use Policy, as amended from time to time, which can be found on our website.
By its signature to the customer agreement form, the Subscriber acknowledges that it is aware of and has agreed to be bound by all the terms of this agreement and to effect payments of the charges relating to the packages/tariff plan selected by the Subscriber in the customer agreement form, which charges shall be payable to AirtelTigo as follows:
The connection charges shall be paid on the commencement date and/or the deemed commencement date referred to in clause 2, as the case may be;
Monthly access charges shall be paid within 30 (Thirty) days after the date of AirtelTigo’s invoice in respect thereof;
The call charges and all other charges shall be paid, within 30 (Thirty) days after the date of AirtelTigo’s invoice in respect thereof. The timing, format and details of invoices shall be at the sole discretion of AirtelTigo.
All charges, unless otherwise stated in the schedule of charges, are exclusive of value added tax, which shall be borne and paid for by the Subscriber together with the monthly access charges.
The monthly access charge is a charge for permitting the Subscriber continued access to the services and the Subscriber will be liable each and every month irrespective of the use made of the SIM card(s).
Any call registered and recorded on the system as having emanated from the SIM card(s) shall, until the contrary is proved be deemed to have been made by or by means of the SIM card(s).
For the purpose of calculating call charges payable by the Subscriber, the duration of each call as recorded and registered on the application metering system used by AirtelTigo shall be final and binding on the Subscriber.
AirtelTigo may, at any time by written notice require the Subscriber to furnish such security as AirtelTigo may deem appropriate for the payment of charges. Any failure by the Subscriber to furnish such security to AirtelTigo within 30 (Thirty) days after the date of such notice shall constitute a material breach of this agreement by the Subscriber.
AirtelTigo shall be entitled, in this sole and absolute discretion and may by means of written notice to the Subscriber or publication, increase the charge from time to time.
AirtelTigo shall be entitled, in its sole and absolute discretion to determine the charges limited applicable to the Subscriber and/or to vary the charges limit from time to time. AirtelTigo shall further be entitled, if the charges for which the Subscriber is liable to AirtelTigo exceed the charges limit , to suspend the services in whole or in part, without detracting from its other rights in terms of this agreement, and demand settlement in full of all charges payable by the Subscriber to AirtelTigo at such time. AirtelTigo shall not be liable to the Subscriber for any loss or damage of any nature whatsoever, including loss of profit or any other special damage or indirect or consequential losses or damage which the Subscriber or any other person may suffer as a result of the suspension of the services in terms of this clause.
The Subscriber will be bound by the terms and conditions relating to the carry-over and expiry of inclusive minutes incorporated in tariff packages. In the event that the Subscriber forfeits such inclusive minutes through expiry, AirtelTigo will not be liable to the Subscriber in any form or manner whatsoever
AirtelTigo reserves the right to include and activate call limits in respect of any Subscriber and/or SIM card(s) in accordance to AirtelTigo’s credit vetting policies and/or the Subscriber’s credit profile. AirtelTigo will make all reasonable endeavours to notify the Subscriber of such call limit and may review such call limit from time to time in AirtelTigo’s sole discretion.
The Subscriber may elect to have a maximum call limit in respect to the Subscriber’s monthly airtime charges loaded on the subscriber’s account.
Upon authorization, AirtelTigo will attempt to monitor the stipulated monthly call limit and is deemed to be authorized to suspend the services to the Subscriber when such limit is reached.
AirtelTigo cannot and does not guarantee the call limit service and, notwithstanding the fact that the Subscriber has paid for the service, the Subscriber will continue to be liable for all charges incurred in respect of the services.
Where a customer fails and / or refuses to make payments to AirtelTigo for the said services: the customer and the said debt will be referred to a 3rd party collection agency appointed by AirtelTigo to collect the debt on its behalf using all resources available to them. AirtelTigo may suspend the Services until the outstanding debt has been satisfied.
By signing this agreement, the customer agrees that AirtelTigo reserves the right to submit customer details to any Credit Bureau to confirm the customer’s credit worthiness and eligibility to be provided with the said services.
Delivery of Invoices and Payments
All invoices shall be sent to Subscribers via email addresses provided by the Subscribers.
AirtelTigo may at the request of the Subscriber and at AirtelTigo’s discretion send a hard copy of a Subscriber invoice to the Subscriber at a reliable physical address provided by the Subscriber in the contract form.
All charges shall be paid, 30 (Thirty) days after the date of AirtelTigo’s invoice in respect thereof.
All payments to AirtelTigo by the Subscriber can be made as follows, by:
Cash payment at any AirtelTigo shop (where applicable); or
Monthly Direct Debit instrument issued by AirtelTigo to the Bank account provided by the Subscriber; or
Cash payments across the counter at any of the Banks approved for Contract payment, as may be published by AirtelTigo from time to time; or
By other payment method as shall be approved by AirtelTigo from time to time.
Should any payments not be made on due date, AirtelTigo shall be entitled, without detracting from its other rights in terms of this agreement, to charge the Subscriber 30% per annum on such arrear payments from due date of such payments to date of actual payments thereof.
The SIM Card
Notwithstanding the delivery of the SIM card(s), telephone numbers, codes and other identification numbers allocated to the Subscriber and each SIM card delivered to the Subscriber, including the software incorporated in each card and all intellectual property rights in and to software, shall pass to the Subscriber who shall have no proprietary interest therein. Accordingly, each SIM card shall be returned to AirtelTigo on termination of this agreement for any reason whatsoever. All risk in and liability in respect of each SIM card shall pass to the Subscriber on delivery on such SIM card to the Subscriber.
The Subscriber shall not dispose of or otherwise transfer any SIM card to any third party without the prior written consent of AirtelTigo, which consent, if granted, shall be subject to such terms and conditions as AirtelTigo may deem fit. Until such time as AirtelTigo grants its written consent, the Subscriber shall remain liable for and shall continue to pay all the charges payable in terms of this agreement, including all charges incurred in respect of or through the use of such SIM card.
If any SIM card is lost, stolen or damaged, the Subscriber shall immediately notify AirtelTigo thereof in writing, and the Subscriber shall not remain liable to AirtelTigo for all charges incurred in respect of nor through the use of such SIM card until AirtelTigo suspend the procurement of such SIM card’s access to the service. In addition, the Subscriber shall remain liable for and shall continue to pay all the charges payable in terms of this agreement as and when they become due, including all charges in respect of the SIM card that is lost, stolen or damaged if until such SIM card is replaced and the charges applicable for a replacement SIM card to be issued at the then applicable charge for the replacement of SIM card has been paid by the Subscriber. AirtelTigo will, as soon as is reasonably possible, replace any SIM card that is lost, stolen or damaged at the then applicable charge for the replacement of the SIM cards.
Save as otherwise provided by legislation to the contrary, telephone numbers allocated to the Subscriber shall not become the property of the Subscriber and the Subscriber shall not modify or permit the modification of any such numbers or codes without prior written consent of AirtelTigo.
Save as otherwise provided by legislation to the contrary, AirtelTigo shall be entitled to withdraw or change any telephone number, code or other identification number allocated to the Subscriber in the terms of this agreement.
Where there is an incentive scheme or position, a postpaid Subscriber with a minimum 24 month of the postpaid package may be entitled to a mobile phone which in conjunction with the existing SIM card permits the Subscriber to access the service.
All risk in and to the equipment referred to in 7.1 shall pass the Subscriber upon delivery thereof to the Subscriber and the Subscriber shall be obligated to maintain the equipment provided to it in terms of 7.1 in good working order and condition and will not modify or permit the modification of the equipment without the prior written consent of AirtelTigo.
In the event that the mobile telephone referred to in 7.1 or any other item of the equipment used in conjunction with the SIM card(s) is lost, stolen or damaged beyond repair or is disposed of to a third party, the Subscriber will notify AirtelTigo thereof in the writing, and the Subscriber shall remain liable to AirtelTigo for all charges incurred in respect of or through the use of such mobile telephone and/or the SIM card(s) in conjunction with such mobile telephone until AirtelTigo procures the suspension of the service in respect of such mobile telephone and/or SIM card(s). The Subscriber shall remain liable for and shall continue to pay all the charges payable in the terms of this agreement during the currency of this agreement as and when they become due, including all charges in respect to the SIM card(s) used in conjunction with such equipment that has been stolen or damaged beyond repair or disposed of to a third party.
The Subscriber accepts and acknowledges that AirtelTigo is not the mobile telephone manufacturer and all equipment supplied to the Subscriber will be subject to the relevant manufacturer’s standard warranty terms and conditions.
Limitation of Liability and Indemnity
AirtelTigo shall not be liable to the Subscriber in any circumstances whatsoever for any loss, injury or damage of any nature whatsoever or however arising and whatever in contract or in tort and delict, including loss of profit and any other special damages, indirect or consequential loss or damages which the Subscriber or any other person may sustain, whether as a result of any breach of this agreement by AirtelTigo or its respective employees, or whether caused directly or indirectly by the SIM card or the use thereof, and the Subscriber hereby indemnifies AirtelTigo and holds it harmless against any such claims by any other person.
Any known or unknown risk attached to the use of the SIM card the connection thereof to the system, shall be deemed to have passed to the Subscriber on the commencement date, and the Subscriber hereby indemnifies AirtelTigo and holds it harmless against any claim by any other person relating to the use of the equipment and/or the connection thereof to the system.
Suspension of Services
AirtelTigo may at any time suspend the service, in whole or in part, without notice to the Subscriber and without incurring any liability whatsoever-
Should AirtelTigo be unable to provide the services, in whole or in part, whether due to force majeure or otherwise through no fault of its own; or
Should an agreement in terms of which AirtelTigo derives its rights to provide the services, be suspended, cancelled or terminated; or
Should such suspension of the service be necessary in order to facilitate any repairs, modification, maintenance, improvement or remedial works in respect to the system; or
Should the Subscriber fail to comply with this agreement; or
Should the Subscriber use equipment that infringes or is alleged to infringe the intellectual property right of any third party.
Should the service be suspended pursuant to 9.1.1 or 9.1.2, AirtelTigo shall use its reasonable endeavours to provide an alternative service to the Subscriber, whether through an alternative global network operator or otherwise, all in AirtelTigo’s discretion. Should AirtelTigo fail to provide an alternative service within 30(Thirty) days after commencement of suspension, either party shall be entitled by written notice to the other, to terminate this agreement with immediate effect. In such event, the Subscriber shall remain accrued up to date of such termination, which charges shall be payable on demand to AirtelTigo.
Should the services be suspended by reason of default of the Subscriber, the Subscriber shall be liable to AirtelTigo for its then applicable connection charges, payable on cessation of the suspension.
Should the Subscriber breach any of the terms of this agreement and fail to remedy such breach within 10(Ten) days after dispatch of written notice calling upon it to do so, or should any information furnished by the Subscriber in the customer agreement form not to be true and correct, or should the Subscriber be provisionally or finally liquidated or declared insolvent or die, or attempt to compromise with any of its creditors, or allow any judgment against it to remain unsatisfied for a period of 14(fourteen) days after the date of such judgment, or should the equipment be attached under any legal process issued against the Subscriber if purchased or leased from AirtelTigo or should the agreement be terminated by AirtelTigo, AirtelTigo shall be entitled, but not obliged and without detracting from any other right that it may have in law or in terms of this agreement:
To suspend the service, in whole or in part, and to disconnect the equipment; and/or
To terminate this agreement and recover from the Subscriber as liquidated damages, the agreement of the monthly access charges for unexpired portion (if any) of the initial period plus all amounts payable under any agreement between AirtelTigo and the global network operator(s) in respect of the agreement ; or
To claim specific performance of the Subscriber’s entire obligation in terms of this agreement; or
Without prejudice to the generality of 10.1 it is agreed that should the Subscriber for whatever reason and either with or without the consent AirtelTigo attempt to terminate this agreement at any time before the expiry of the initial period, then AirtelTigo shall in its entire absolute discretion and without prejudice to any other right be entitled forthwith to claim immediate settlement of all outstanding amounts due and payable in respect to this agreement and any amount payable under any agreement between AirtelTigo and global network operator(s) in respect of this agreement. AirtelTigo shall further be entitled to suspend the connection of the equipment to the system and to give notice to any Credit or information Bureau/s to list the Subscriber as a defaulter.
A certificate signed by any manager of AirtelTigo (whose appointment and authority shall not be necessary to prove) as the existence of any fact, in particular without limiting the generality of the foregoing, to the amount of any indebtedness of AirtelTigo in terms of and pursuant to this agreement, shall constitute a prima facie proof of such fact for any purpose of obtaining provisional sentence default judgment or summary or their equivalent in any court of competent jurisdiction.
The Subscriber acknowledges and agrees that:-
It has not relied on any representations or undertakings by AirtelTigo;
In entering into the agreement it has made its own judgment and has not relied on any views expressed by AirtelTigo;
It has consulted with its own legal and tax adviser to the extent that it deems necessary; and 12.4 It is entering into this agreement with a full understanding of the terms, condition and risks thereof and it is capable of and willing to assume those risks
We aim to resolve all problems and complaints quickly and effectively. If you have any concerns please visit an AirtelTigo store or call us on 100. If you are not satisfied with our response, a supervisor or manager will review your concern and the way it was handled. If we are unable to resolve the matter to your satisfaction you can contact the National Communications Authority which is an office of last resort for complaints about telephone and internet services, they will only get involved in a complaint after you have tried to resolve it with us.
All processes and notices arising out of or in connection with this agreement, its breaches or termination may validly be served upon or delivered to the parties as per this clause:
As regards AirtelTigo at; Airtel Ghana Limited (trading as “AirtelTigo”), Millicom Place, Barnes Road, PMB-TUC, Accra.
The Subscriber: at its physical address and telefax number set out in the customer agreement form;
Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but shall be competent to give notice by telefax
Either party may by written notice to the other party change the address, provided that the change shall become effective vis-à-vis that addressee on the 10th business day after receipt of the notice by the addressee.
Any notice to a party-
Delivery by the hand to a responsible person during ordinary business hours at the physical address shall be deemed to have been received on the day of delivery: or
Sent by telefax to its chosen number stipulated in clause 14.1, shall be deemed to have been received on the date of transmission (unless the contrary is proved)
Notwithstanding anything contrary herein contained a written notice or communication actually received shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.
The Subscriber shall not be entitled to cede, assign or delegate any of its rights or obligation in terms of this agreement without the prior written consent of AirtelTigo. AirtelTigo may assign all its rights and obligations under Agreement.
Whole Agreement, No Amendment
No extension of the time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill of the exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against any party in respect of its rights in this agreement, nor shall it operate so as to preclude such party thereafter from exercising its right strictly in accordance with this agreement.
To the extent permissible by law no party shall be bound by any term, representation, warranty, promise or the like not recorded herein, whether or not it induced the contract.
This agreement together with all contract forms, addenda and schedules assigned by the parties constitute the entire agreement between the parties.
Save as may be otherwise expressly provided in this agreement, no alteration, variation or consensual cancellation of this agreement and no addition to this agreement shall be of the force of effect unless reduced to writing and assigned by parties or duly authorized representatives of the parties
No failure, delay, relaxation or indulgence on the part of AirtelTigo in exercising any power or right conferred upon it in terms of this agreement shall operate as a waiver or such power or right, nor such failure, delay, relaxation or indulgence be deemed to be a novation of any of the terms and conditions of this agreement. The acceptance by AirtelTigo of any payment by the Subscriber after the termination of this contract shall not be deemed to be a waiver of AirtelTigo’s right or be deemed to constitute novation of this agreement.
The Subscriber shall on demand pay all expenses incurred by AirtelTigo either on behalf of the Subscriber or as a result of the Subscriber’s failure to comply with any provision of this agreement, including tracing and all legal costs calculated on the scale as between attorney and own client.
Should the Subscriber request any additional service as set out in the consumer agreement form or in any schedules or addenda to this agreement then AirtelTigo shall be authorized to arrange the necessary additional services and recover from the Subscriber such charges from time to time in respect of the additional services subscribed by the Subscriber.
The Subscriber will be responsible to request for and ensure that it understands and acknowledges all terms and conditions of such additional service prior to accepting such insurance and additional services. AirtelTigo accepts, in good faith, that the Subscriber requesting such insurance or additional service is aware of and accepts all applicable terms and conditions and costs.
The Subscriber shall not be entitled during the initial period to vary the Contract Services subscribed to in this agreement to a Contract Service plan which is less expensive than that selected by it in the customer connection form, unless approved in writing by AirtelTigo and upon payment of the applicable migration fees to AirtelTigo.
Deposits and charges
In consideration for the provision of the Network Service, SIM cards and any other services supplied by AirtelTigo to it, the Subscriber must effect payment to AirtelTigo of the applicable deposits and charges as and when due, whether or not the Network Services have been or are actually being utilized by the Subscriber.
On commencement, the Subscriber’s line will be activated with the airtime paid for and there after the Subscriber shall make Monthly Deposit payments according to the level of purchase for airtime usage.
Any amount of minimum Monthly Deposit not utilized in any one month shall be carried over into the following month(s), but apart from the first month of subscription, the balance carried over in any month shall not reduce the required monthly deposit to be made by the Subscriber except where otherwise stated.
Where the Subscriber elects to pay in advance for several months, he must advise AirtelTigo in writing of this intention to do this. This advance payment would then be netted off subsequently for the advised months.
Where the Subscriber has utilized all of his or her Monthly Deposits before the next monthly payment is due, the Subscriber may make an additional payment during the month to continue to enjoy full services, but such top- up payments shall not affect the obligations of the Subscriber to make the next monthly deposit.
AirtelTigo may by written notice to the Subscriber, vary future charges, either in whole or in part, with the effect from the date specified in such notice.
Unless otherwise agreed to by AirtelTigo the Subscriber shall effect payment to AirtelTigo or to its collection agent.
Notwithstanding the provision of Clause 20.4 AirtelTigo may, at any time by written notice to the Subscriber, vary its invoicing and payment procedures and requirements.
The Subscriber shall be free to migrate between different levels of Contract Services upon application by completing a customer Connection Form at any AirtelTigo Sales Channel. For the duration of this contract, migration shall attract no charge whatsoever save and except for additional deposit required for the higher level and the nominal fee being the cost of new SIM card.
No party shall be liable for delay in performing or failure to perform any of the provisions of this Agreement due to any event constituting a force majeure event. For the purpose of this Agreement force majeure shall mean an event or circumstances outside the reasonable control of either party to this agreement which they could not have reasonable foreseen and guarded against and which by exercise of reasonable care and diligence they are unable to prevent including but not limited to an Act of God and natural disaster, outbreak of hostilities, riot, civil disturbance, the act of any government authority, fire, explosion, malicious damages, boycotts, strikes lockout or industrial action of any kind.
Where any of the events described in clause 21.1 above occur, the party claiming shall give written notice to the other party of the event causing the false majeure and thereupon the operation of this agreement shall be suspended until such circumstances shall have ceased forthwith. Upon the event ceasing to exist, the party relying upon it shall give written advice to the other that the event has ceased.
In the event that the force majeure continues for a period of more than 30 (Thirty) days and substantially affects the commercial intention of this Agreement, the affected party shall have the right to terminate this Agreement upon written notice of such intention to terminate.
Unless otherwise specifically stipulated in writing to the contrary, the terms and conditions herein contained shall supersede and prevail over terms and conditions in any other document(s) signed and submitted by the Subscriber.
The Subscriber shall be entitled to make an application to AirtelTigo at the expiry of any initial period for an upgrade. All upgrades are at the sole and absolute discretion of AirtelTigo.
In event that an upgrade is granted, the Subscriber shall be bound for a further 24(Twenty-four) months contract period calculated from the expiry of the prior initial period, or upgrade commencement date, whichever date is later. All upgrades are subject to AirtelTigo’s standard terms and conditions.
The Subscriber acknowledges and accepts that if he/she/it is issued with new equipment in respect of the upgrade, acceptance or use of such equipment will provide sufficient proof of the Subscriber’s intention to be bound to AirtelTigo in respect of the contract period.
Undertaking as co-principal debtor on behalf of the subscriber by signatory
If the Subscriber as identified in the application form is an entity with a juristic personality (including trusts), then the signatory hereto who signs on behalf the Subscriber (“the signatory”) warrants that he is duly authorized to enter in to this agreement and sign the debit authorization on the Subscriber’s bank account. By his/her signature, the signatory thereby binds himself/herself as co-principal debtor for the Subscriber unto and in favor of AirtelTigo for the due and punctual fulfillment of all the Subscriber’s obligations to AirtelTigo arising out of this agreement including the payment of all charges, fees and liquidated damages. The signatory as co-principal debtor hereby renounces and waives the benefits of the legal defenses of execution, division and cession of action and hereby acknowledges that he/she understand the full meaning of such defenses and the effect of such renunciation and waiver.
Subscriber agrees to AirtelTigo sharing or using his/her/its personal or service usage information to bill and collect charges, operate its services or protect other users or other operators from the fraudulent use of the service.
To maintain and improve the Services, we may record calls you make to us or we make to you. Some personal information may be shared with other Service Providers so you can make and receive calls from their network and to monitor or investigate fraud or other offences.
We may also provide your personal information to law enforcement agencies in order for them to investigate an offence in accordance with law. 25.4. You may ask to see personal information we have about you and ask us to correct any information that is not correct.
You agree that AirtelTigo, its agents or approved third parties may send to you electronic marketing messages about our special offers, products and
services unless you have advised us in writing that you do not want to receive this information. Our electronic marketing message may include an unsubscribe facility. This consent survives the termination of these Terms and Conditions and your use of the Service, and is valid until you revoke it. To revoke your consent at any time, notify us in writing to Airtel Ghana Limited (trading as “AirtelTigo”), Millicom Place, Barnes Road, PMB-TUC, Accra.