- Upon acceptance and approval of my Service Agreement ("Agreement"), CallTel Communications Ltd. (herein called 'CALLTEL') agrees to provide the services I have selected, and I agree to use those services, in accordance with the terms and conditions of this Service Agreement
- CALLTEL will issue me a dedicated telephone number for forwarding purposes. I understand that the number is not to be used for advertising or to be published without the prior written consent of CALLTEL. If I require additional lines (and CALLTEL consents to it) a further monthly membership fee for each additional line shall be required. All telephone numbers provided by CALLTEL remain the property of CALLTEL upon any termination of my services
- I understand that I must provide the active e-mail, fax, or other telecommunications service that will be used to deliver my messages to me.
- Delivery of mails and messages shall be made between 8:30am and 6:00pm on weekdays (excluding national holidays).
- I will not sell, transfer or otherwise make available the service to any third parties without the prior written approval of CALLTEL. Service is provided for use only by me and my authorized agents. The service is propriety to and the property of CALLTEL and the title thereto remains in CALLTEL. All applicable rights in copyrights, trademarks, and trade secrets in the service are owned by CALLTEL
BILLING AND PAYMENT
- 'Base' fees are billed one month in advance. 'Usage' fees are billed in arrears.
- Accounts are billed monthly with statements sent to the customer on or just after the 1st of each month. I am responsible for payment of all charges for any services performed on my behalf by CALLTEL. Payments are due within ten (10) days and shall be paid into CALLTEL's designated bank account(s) on or before the due date.
- If my bill is not paid before the due date, my service may be restricted or terminated. A reactivation fee of N3,000 will be charged upon service resumption. For checks returned for insufficient funds/declined, your account will be charged a N5,000 fee and check payment will no longer be accepted
TERM AND TERMINATION
- This Agreement shall be in effect for a minimum term of ninety (90) days and will remain in force on a month-to-month basis thereafter until terminated by either party upon thirty (30) days' written notice. CALLTEL reserves the right to increase any of its rates or charges at any time upon thirty (30) days' notice. If I fail to pay any bill within ten (10) days of its due date, CALLTEL may restrict or terminate my service. I must give CALLTEL written notice of cancellation
- I will not use the services for any unlawful purpose and only use the services in accordance with the terms and conditions of this Agreement. I understand that CALLTEL may immediately restrict or disconnect my service without notice for any violation thereof. Past due accounts are subject to a 20% per month service charge on outstanding delinquent balance or N5,000 whichever is greater.
- I will send CALLTEL a written notice of any dispute on my bill within thirty (30) days after the statement date, or such statement shall be deemed to be correct and payable in full. I will provide detailed information regarding any dispute, and I agree to cooperate with CALLTEL in an investigation of disputed matters. If CALLTEL initiates legal proceedings to collect any amount due hereunder and CALLTEL substantially prevails in such proceedings, then I will pay CALLTEL's costs and reasonable attorneys' fees in such proceedings and any appeals
LIMITED WARRANTIES, REMEDIES AND DAMAGES
- CALLTEL does not warrant that it will have sufficient resources to handle unexpected increases for transmission errors, corruption of data, or the security of information carried over telecommunication services. Subject to the foregoing limitations, CALLTEL will use commercially reasonable efforts to provide the services, and if CALLTEL fails to do so, my sole remedy will be, at CALLTEL's sole discretion, either: (1) the correction of the failure to provide the services, or (2) a refund of the monthly recurring charges I paid to CALLTEL for such services during the period of time that the services were affected. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, CALLTEL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED HEREUNDER. CALLTEL SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY HEREUNDER WILL BE LIMITED TO DIRECT DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. CALLTEL'S ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS I PAID TO CALLTEL FOR SUCH SERVICE DURING THE TWELVE (12) MONTHS PRECEDING SUCH FAILURE TO PROVIDE THE SERVICE. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT
AUTHORIZATION & BACKGROUND CHECK
- All service requests are subject to the approval of CALLTEL. I hereby authorize CALLTEL to investigate my credibility and hereby grant CALLTEL permission to disclose to any other interested party/parties CALLTEL's payment/credit experience with my account(s). CALLTEL reserves the right to request a security deposit to ensure prompt payment. I understand that my responsibility of payment for all charges survives any termination of this Agreement
- This Agreement and all claims relating to the relationship between the parties will be governed by, enforced, and interpreted under the laws of the Federal Republic of Nigeria without regard to its choice of law principles. In the event of legal action to interpret or enforce this Agreement, I agree that the venue will be in the appropriate state or federal court which has jurisdiction over actions brought in Lagos State, Nigeria. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. The terms and conditions of this Agreement may be amended or waived only by a written instrument signed by the parties. The terms of the Dispute Resolution; Limited Warranties, Remedies, and Damages; Authorization and Background Check; and Miscellaneous sections will survive any termination of service.