Terms and Conditions
PRE-PAY CUSTOMER TERMS AND CONDITIONS
In these Terms, unless the context otherwise requires, the following definitions
“Access Devices” means all and any devices prescribed by Busy as the medium through which the Services are provided to the end customer, including handsets, smartphones, tablets, USB dongles, mobile routers (Mi-Fis), indoor CPE and outdoor CPE etc.
“Advertisement(s)” means any illustrative, text, image, video or other marketing or promotional material sent or made available to you about Busy products and services and/or third party products and/or services.
“Equipment” includes all applicable Access Devices and the SIM Card which allows access to our Network.
“DN” means the Mobile Subscriber Integrated Services for Digital Network number issued to you, which is your Busy mobile data number.
“Network” means the mobile communications network operated by us and covering those geographic areas as stipulated by us from time to time.
“Pre-paid” means a method of payment where you pay for services in advance of actual usage, usually on a real time basis.
“Prepaid Subscriber Form” means the prepaid subscriber form to which these Terms are attached.
“Re-charge” means the process of crediting your Busy account using our recharge voucher or by any other means approved by us so as to access our Services.
“Services” means our Pre-paid services, including without limitation basic data acess and any other services offered via our Network that we agree to make available to you from time to time.
“SIM Card” means the subscriber identity module card issued to you by us through which you can access our Services.
“Starter Pack” means the packaged SIM Card sold to you by us together with the PIN (Personal Identification Number) and PUK (Pin Unblocking Key), and/or any additional products and information that may be included from time to time.
“Tariffs” means our charges for use of the Services, as varied by us from time to time and published in the Tariff Guide.
“Tariff Guide” means the list of applicable prices and charges published by us from time to time, which can be accessed by you on our website (www.busy.com.gh).
“Terms” means these terms and conditions, as amended from time to time in accordance with the provisions set forth herein.
“Third Party” means any person other than Busy providing services on the Network.
“Third Party Services” means any services provided on the Network by any party or person other than Busy.
“Busy”, “we” or “us” means BusyInternet Limited and its successors and or permitted assigns, trading as at the date of these Terms as ‘Busy’.
“You” means the customer identified on the Prepaid Subscriber Form.
1. Commencement and Implementation
1.1 By signing the Prepaid Subscriber Form, you agree that these Terms constitute a binding and legally enforceable agreement between you and Busy. These Terms are attached to, and form an intrinsic part of, the Prepaid Subscriber
1.2 These Terms shall take effect immediately upon you signing the Prepaid Subscriber Form.
2. Skill and Care
2.1 Busy shall use its reasonable endeavours to supply you with the Servicesaccording to the standard of skill and care expected of a competent telecommunications operator in Ghana.
2.2 You acknowledge that due to the nature of the relevant technology, it is impossible to provide fault-free Services as these will be affected by factors outside the control of Busy.
2.3 Where relevant, Busy shall use reasonable endeavours to provide you with access to networks outside Ghana. However, because these networks are not controlled by Busy, Busy shall not be responsible for their performance or functionality. Any access to overseas networks will depend on the arrangements between us and the overseas operators. Please contact us if you require further details regarding overseas access.
3. The Services
3.1 We may change or withdraw the Services (or part thereof) at any time, with or without notice and without any liability to you. Where possible we will give reasonable notice of these changes. You will still be able to use any credit that you have accumulated, prior to the withdrawal of all of the Services in their entirety.
3.2 Access to all or any part of the Services may be subject to the payment of additional charges on such terms and conditions as we may determine.
3.3 You may use the Services to access the internet, but we accept no responsibility for any content or services you may access.
3.4 Please note that the confidentiality of communications via the Network is not guaranteed. You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by persons, entities or organizations other than the intended recipient. We cannot accept any liability for any loss, injury or damage whatsoever, whether direct or consequential or otherwise, arising out of any such compromise of confidentiality.
3.5 Access to data services may be controlled from time to time by limiting the volume or speed or duration of downloads to facilitate fair access to the Services by all customers.
3.6 We may offer Third Party Services on the Network from time to time. It shall be your responsibility to read and understand the terms of such Third Party services prior to usage thereof. We shall not be liable in any manner whatsoever for any loss or damage that may be suffered by you with respect to such Third Party Services. You hereby agree to indemnify us against any costs, damages and expenses whatsoever that may arise from such usage.
3.7 We may send to you advertising messages in respect of services or products of other third parties from time to time and, where possible, we will give you an opportunity to opt out of such messages.
3.8 For your own protection, you must keep confidential all personal identification or security numbers used with the Services. The numbers/codes which we allow you to use with the Service remain our property at all times.
3.9 Note that the identity of your DN will be sent through the Network so as to be identified by the recipient of your communication. Your DN will always be transmitted if calling any emergency assistance number.
4. Service Use
4.1 The Services are not for general commercial use, re-sale, rent or lease and any such use thereof is prohibited absolutely. You must comply with any instructions that we may give you from time to time about the use of the Services.
4.2 You shall not misuse the Services, including but not limited to: (i) dishonestly obtaining the Services; (ii) possessing or supplying equipment that may be used to obtain such Services dishonestly or fraudulently; (iii) using the Services to send or spread information, using messages or emails or any other medium, that are abusive, fraudulent, criminal, obscene, threatening, a nuisance,or which are otherwise contrary to applicable laws or regulation, or (iv) selling all or any part of the Services to any other person.
4.3 Busy strictly prohibits the use of its Services to generate spam or other forms of abuse either for business or any other purpose. Such forms of abuse include, but are not limited to: threats and/or harassment, privacy issues, redistribution of services (ftp, www, etc.), copyright and trademark issues, hacking, port scanning, spreading virus, denial of service attacks, password cracking and unauthorized access, credit card fraud, publication and transmission of pornography, product/service fraud, financial solicitation, make money fast chain letters, general fraud
or theft, other illegal activities etc.
4.4 If you violate any of the above Terms, we reserve the right to disconnect the Services(s) and suspend or terminate the account permanently and in our sole discretion without prejudice to any other action under the laws of Ghana or any other jurisdiction.
4.5 You are solely responsible for any transmitted material and or communication which is classified as illegal, defamatory, misleading or which breaches any person(s) right(s) and you shall keep us indemnified for any claims and expenses made against us in respect thereof.
4.6 Use of the Services is subject to the following fair usage policy (“FUP”):
(a) We reserve the right to monitor and control Service usage and/or types of traffic transmitted on the Network. We may limit access bandwidth and Network resources in our endeavour to provide best possible broadband Internet experience to all our customers.
(b) FUP is applicable to all Tariffs in force now or in the future, as offered by us, unless specifically withdrawn, excluded or modified at our sole discretion.
(c) Despite the above, if you are found intentionally violating FUP, for example by continuing your Services with unreasonable levels of use without migrating to another Service package, we reserve the right to migrate you to a relevant Service package, suspend or terminate your account immediately, without prior notice and without prejudice to any other rights available under these Terms.
5. The Equipment
5.1 The SIM Card (and the software within it) shall at all times remain our property and is licenced to you together with the DN subject to these Terms and for use with the Services only. In the event of damage to, loss or theft of the SIM Card, you are obliged to inform us immediately of such damage thereto or loss or theft thereof. We will then disable such damaged, lost or stolen SIM Card as soon as practicable; a replacement or repair fee may be applicable (you will be responsible for all usage charges up to the time of informing us of the damage, loss or theft). We may change your SIM Card or require that you return it to us if the Services are suspended or discontinued in accordance with these Terms.
5.2 If you have purchased any Equipment from us which is found to be faulty or defective, you will need to immediately return the Equipment and the original receipt for the purchase to us (at the point of sale), within seven (7) days of purchase. We will only be responsible for the replacement of the Equipment in the case of manufacturer defects.
5.3 You are responsible for anyone who uses your Equipment.
5.4 You are responsible for the legal compliance and security of the Equipment used to access the Services. You are also advised to read and understand any manufacturer’s instructions for use of the Equipment. Subject to applicable laws, we will not accept liability for any malfunction of the Equipment, injury, loss of
data or damage to the Equipment.
5.5 The intellectual property rights in the SIM Card and all services (including the software) (“IPR”) belongs to us or our suppliers to you, under licence, by us for proper use with the Services only. We may change the IPR at any time without prior notice to you. You may not copy or change or reverse engineer any IPR. If the Equipment is disconnected from the Service or if we change the IPR you must either destroy the SIM Card or return it to us, as we may request and at our discretion.
6.1 You must ensure that you have sufficient credit so as to access the Services, as we shall not be liable to you in any manner in the event that you are denied access to the Services due to insufficient credit with us.
6.2 We will add credit to your account when we accept the Re-charge. You pay for the Services by Re-charging your account with us by using a re-charge voucher. We will not repay any Re-charge amount you credit to your Busy
account or pay you any interest on any credit you have with us. Each time you use the Services (or someone else uses them using your Equipment), it reduces the credit on your account. Except in the case of an obvious mistake, our records show how much you have Re-charged your account and how much you have used the Services
6.3 The Tariff Guide is available to you only as a guideline and is not a legally binding document. The Tariffs are subject to change without prior notice. Unless otherwise provided therein, published Tariff Guides include Value Added Tax (if and where applicable) but may also be subject to other applicable levies and taxes at the prevailing rates, as amended from time to time.
6.4 You may migrate between Tariffs subject to our conditions, which may be varied upon notification from time to time.
6.5 We do not provide itemized billing statements or call data information other than as available on the Busy Web Self Care portal (busy.com.gh/MyBusy).
6.6 You will be responsible for all applicable charges for using the Equipment whether those services were used by you or someone else without your authority or knowledge.
7. Suspension and Disconnection of the Services
7.1 We may suspend (bar) restrict or terminate the provision of Services (in whole or in part) without any liability whatsoever (although, where possible, we will endeavour to inform you that such action is or may be taken) under the following circumstances:-
(a) If we are aware or have reason to believe that your Equipment or SIM Card is being used in an unauthorized, unlawful or fraudulent manner or in any manner that is not permitted under these Terms (or has been so used previously).
(b) If you do not Recharge your account for a period of ninety (90) days after the last Recharge, your account status will be changed from “Active” to “Expired” until the account is Recharged. If there is no activity on the account for a further thirty (30) days, the account will become “Inactive”. “Activity” for the purposes of this provision, includes Recharge of the account or the receipt of incoming calls. Accounts that remain inactive for fifty (50) days may, in our sole discretion, be suspended and disconnected.
(c) If you do not comply with any of the conditions relating to any part of the Services (including these Terms).
(d) If we believe you are sending data which is classified in our sole opinion as being illegal, a nuisance, abusive, a hoax, menacing or indecent (including any messages relayed to our customer service operator).
(e) Without prejudice to any other remedy we may have, if we are aware or have reason to believe that you have Recharged (or have attempted to Recharge) your account by using any fraudulent or illegal means, including but not limited to paying or attempting to pay using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us. We also bar the Equipment from accessing the service and/or bar the DN so that is no longer available for use or Recharge with any electronic facility.
(f) If you notify us that your Equipment has been lost or stolen.
(g) If you do anything (or allow anything to be done) with your Equipment which we think may damage or affect the operation or security of the Network or Services.
(h) If we are required to do so by any law or regulation.
(i) For reasons beyond our control.
7.2 Where the continued use of our Services has expired for any of the above reasons, any credit balance in your account will be frozen. Such credit will become available only when account is returned to active state by Recharging the account or by the resolution of the event that resulted in account suspension.
7.3 Where the continued use of our Services has been suspended or terminated for any of the above reasons, any credit balance in your account, will be forfeited. Where we have suspended or restricted access to the Services for any of the above reasons any reconnection is at our discretion, and a reconnection fee may be charged.
7.4 After the account has been disconnected, we reserve the right to deactivate and recycle the DN and make it available for sale to another customer, without further liability to you.
8.1 We may make changes to these Terms from time to time for any reason, including without limitation to introduce new terms from time to time to reflect changes to the law or to the terms of our telecommunications license. The current Terms in force at any given time will be available on our website at www.busy.com.gh.
8.2 By continuing to use the Services, or any part thereof, or Re-charging your account, you shall be deemed to have agreed to any changes, amendments, additions and/or modifications contemplated in paragraph 8.1 above. If you do
not wish to accept such changes, amendments, additional and/or modifications, you must not Recharge your account or use the Services.
9.1 Any notices in regard to any information that we wish to send to you from time to time (including but not limited to variations to these Terms, modifications or variations to the Services or Tariffs, any promotions and other information) will be made through one or more of the following media: appropriate advertisements in a Ghanaian national daily newspaper, SMS to your registered Mobile number, publication on our website, and/or by using any other suitable means PROVIDED THAT you shall be deemed to have been duly notified regardless that the same may actually come to your attention.
10. Indemnity, Liability and Exclusions
10.1 You agree to indemnify us for and against all claims, expenses, losses, liabilities and costs incurred as a result of you (a) breaching any provision of these Terms, and (b) using the Equipment or SIM Card (or anyone else using the Equipment or SIM Card).
10.2 Except for as set forth in paragraph 10.4 below, we shall not be liable to you in any manner whatsoever, including for any losses or liabilities relating to:
(a) Any change or reassignment of your DN;
(b) Our supply and provision of the Services;
(c) Any failure to provide all or any of the Services because of any event outside our control.
10.3 To the maximum extent permitted by law we hereby exclude representations and warranties of all kinds, whether express or implied.
10.4 For the avoidance of doubt, these Terms will not affect any rights that you may have under applicable laws and which we are legally unable to exclude by agreeing it with you.
11.1 Busy may transfer, assign and/or novate our agreement with you, including these Terms, and all its rights, benefits and (to the extent permitted by law) its obligations thereunder, to any other person or entity at any time in its sole discretion.
11.2 If a provision or part of a provision in these Terms is illegal, invalid or unenforceable, that provision or part provision shall be treated as having been modified to the minimum extent necessary to make it valid, legal and enforceable and to ensure it achieves the intended commercial result of the original provision. If modification is not possible, the relevant provision or part provision shall be deleted. Any modification or deletion shall not affect the validity of the rest of these Terms.
11.3 Busy shall not lose any right under these Terms if it fails to use that right or in using it.
11.4 The Prepaid Subscriber Form together with these Terms (as may be amended from time to time) represents the entire agreement between us and you relating to the subject matter and supersedes any previous agreement relating to the subject matter. You have not relied on any warranty, representation, understanding, statement or other communication whether written or otherwise other than as expressly set out herein.
12. Governing Law and Jurisdiction
12.1 The Prepaid Subscriber Form and these Terms are governed and shall be construed in accordance with the laws of Ghana. The Courts of Ghana shall have exclusive jurisdiction over the Prepaid Subscriber Form and these Terms.
- 13“Customer hereby consents to Busy collecting, collating, processing and disclosing Customer’s personal information where such actions are (a) required or reasonably desirable to enable Busy to supply the Services and issue invoices to the Customer, (b) for the purposes of analysing and reviewing customer loyalty, satisfaction and any other feedback from time to time, (c) for the purposes of analysing Customer usage of different types of Services, or (d) required by applicable law or regulation”
- Surveys will be issued with a covering email. We can include words about protection for all customers we survey prior to implementing the change in words. Could you confirm when the change can be made/has been completed, so customers surveyed, who connected prior to this date can have an inclusion regarding protection of data.
ROLLOVER TERMS & CONDITIONS
“Rollover” has the meaning set forth in paragraph 2.1 of these Terms.
“Fair Usage Policy” means the Busy fair usage policy described in your standard terms and conditions relating to your plan and, in the case of customers with an unlimited plan, the terms and conditions relating to unlimited data usage.
“Network” means the mobile communications network operated by us and covering those geographic areas as stipulated by us from time to time.
“Services” means our services offered via our Network including, for the purposes of Rollover, data.
“Terms” means these terms and conditions, which supplement but do not replace any other terms and conditions associated with your use of and access to our Services.
“Busy”, “we” or “us” means BusyInternet Ghana and its successors or permitted assigns, trading as at the date of these terms as “Busy”.
“you” means the customer using Rollover.
- Rollover of Data
2.1 Data Rollover is a service provided by Busy whereby in certain circumstances you can carry forward all or any of your unused Data Allowance at the end of the validity period of your bundle to use as part of a subsequent monthly bundle of the same type (“Rollover”).
2.2 Busy reserves its right to withdraw Rollover at any time without advance notification or advertisement and without any liability in connection therewith. However, if you have already utilised Rollover for a subsequent month, Busy will honour its commitment regarding your usage of the Rollover data during that month.
3.1 Rollover is available to Busy customers only.
3.2 Rollover will apply only:
(a) to specific Busy data bundles with a thirty (30) day validity period that are advertised on our website (www.busy.com.gh) as qualifying for Rollover. Rollover may not apply to all data bundles; and
(b) When you purchase a further data bundle that also qualifies for Rollover. For the avoidance of doubt, the new data bundle purchased does not have to be the same as the originally purchased bundle, but it must be a bundle that also qualifies for rollover.
3.3 To use Rollover, you must also have completed and signed a customer subscriber form and accepted and agreed to adhere to the relevant terms and conditions (for example, our pre-pay terms and conditions or our post-pay terms and conditions).
- How to utilize Rollover
4.1 Subject to the eligibility criteria set forth in paragraph 3 above, you can utilise Rollover by
4.2 purchasing another thirty (30) day data bundle that qualifies for Rollover prior to the expiry of your existing eligible bundle. For the avoidance of doubt, you cannot utilize Rollover by purchasing bundle that does not quality for Rollover or any Unlimited data plan. Under Rollover, unused data will be carried forward for thirty (30) days after the expiry of your existing eligible bundle. If you do not use all the data that was subject to Rollover during this period, it can also be Rolled over for a further period by purchasing another qualifying data bundle (see paragraph 4.4 below).
4.3 Data bundles will be utilized in the sequence in which they have been purchased. This means that your Rollover data will be used prior to your newly purchased data allowance. Your newly purchased data allowance will be utilized once your Rollover data has been fully depleted or has expired.
4.4 If you do not use all your data allowance by the end of its validity period, it will automatically expire as follows:
(a) If such data is Rollover data, at the end of the Rollover period; or
(b) If such data is not Rollover data and you have not purchased a new subsequent monthly bundle in order to be eligible for Rollover, at the end of its validity period.
4.5 Data that has expired cannot be recovered or reallocated to you or any other customer.
- Fair Usage Policy
5.1 Your used of data, including Rollover data, is subject always to our Fair Usage Policy.
6.1 We may make changes to these Terms from time to time for any reason. The current Terms in force at any given time will be available on our website (www.busy.com.gh). By continuing to use our Services, or any part thereof, you shall be deemed to have agreed to any changes, amendments, additions and/or modifications. If you do not wish to accept these, you must stop using the Services.
6.2 These Terms are an addendum to, and do not replace in any way, the terms and conditions agreed to by you when you subscribed for our Services. We recommend that you read these Terms in conjunction with all other terms and conditions that relate to your use of the Services. All terms and conditions are located on our website (www.busy.com.gh).
6.3 These Terms are governed by and shall be construed in accordance with the laws of Ghana. The courts of Ghana shall have exclusive jurisdiction over these Terms.