1. FOS is a bundled triple-play broadband service comprising of high speed Internet connection, television and telephone services. When you subscribe to FOS we agree to provide you with the following services:
a. High-speed fibre broadband service. Your speed which is not dedicated will depend on the FOS plan you have selected and refer to the maximum download speed.
b. Telephone line to make and receive calls to the public switched telephone network.
c. Access to television services.
d. Helpdesk services.
e. Installation of network equipment required to enable you use the service.
2. The equipment we agree to give you shall be our FOS optical network terminal (ONT) which may or may not include a Wifi router. In some instances we shall also provide an analog telephone handset.
3. We guarantee that any equipment that we send you in line with paragraph 2 will work to the relevant specification for the minimum warranty period of 180 days and will be free from faulty design, manufacture or materials. If at any time during the minimum period you find that the equipment is not working properly you may return it to us and we will replace, or at our option, repair it. We will not be responsible for any defects arising from fair wear and tear, accidental or willful damage, misuse or failure to follow our instructions. Any equipment faults outside of the warranty period may incur charges.
4. The services and equipment we provide to you under these terms must not be resold or used for commercial purposes.
Service Duration and Minimum Period
5. The minimum service duration or period of service for FOS is 30 days or utilisation of data allowance whichever comes first. The service will begin and the minimum period starts on the day we successfully install the ONT or on the day we activate the service whichever is later.
Scheduling Appointment and Installation
6. We will agree a date with you for delivery and installation of any equipment, but all dates are estimates and we cannot guarantee we will meet them.
7. If we need to change the installation date, we will try to contact you a minimum of two working days before the scheduled date. If you need to change or cancel any appointment date, you must tell us at least two working days prior to the scheduled appointment.
8. During installation there must be a responsible adult present in your home. Where this person is not you, it must be someone authorised by you to make decisions regarding the location and installation of equipment
9. As part of the installation, the engineer will be responsible for connecting your computer to the ONT and will demonstrate a working Internet connection to you, providing your computer meets the minimum requirements. You will be responsible for reconnecting any other online equipment you may have, such as additional computers, tablets, or games consoles.
14 day money-back guarantee
You have the right to request for your money back within the first 14 days of activating your service if we are unable to resolve any issues regarding the delivery of the service.
10. ipNX’s service ends at the ONT we have supplied to you and activating the service. If something goes wrong anywhere from the ONT to the Customer's PC, laptop, etc (including anywhere on the local area network that makes the service unusable) it is the Customer's responsibility to resolve it. However, upon request ipNX may charge additional fees to provide support services to customers beyond the service demarcation point.
Quality of service
11. We aim to provide a continuous, high-quality service but we do not guarantee either the quality of the service or that the service will be available at all times. From time to time faults in the service may occur and maintenance on the network may be required which causes disruption. We will repair these faults as soon as we can and perform network maintenance when the network is least busy.
12. If you use the service in any way that we consider is likely to be detrimental to the provision of the service or which may adversely affect other customer's enjoyment of the service we reserve the right to terminate your service immediately.
Paying for services
13. You agree to pay all charges for the equipment and the service, including any taxes and charges for late payment, whether you use the service or someone else does. The method of payment will be cheque or as we otherwise agree with you.
14. Unless we agree otherwise, we will normally bill you upfront (i.e. in advance) for any rental charges for the service. We will bill you later for any other usage charges after the event which the charges relate to. If possible, charges will appear on your next bill, but sometimes there may be a delay.
15. We will send any bills to your email address unless you tell us otherwise. We will send your first bill shortly after we have provided the service to you for the first time. After that, we will send bills regularly. However, we may sometimes send you a bill at a different time, for example if the amount of money you owe us is considerably higher than expected.
16. You agree to pay the charges as soon as you receive your bill. You may also need to pay a deposit or a payment upfront before you can receive the service or goods. If you think that the charges on your bill are incorrect and wish to dispute those charges, you must tell us straight away. You must pay any charges that are not disputed. We will not suspend or end a service while we investigate any dispute.
17. You are obliged to make the necessary payments as at when due. We will endeavour to provide all necessary payment information regarding your account. If we do not receive payment by 12 midnight on the last day of your existing subscription, we shall suspend the service. We may also charge you by way of compensation to us for any direct debit or cheque payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT.
18. You will be charged if we need to visit you for repairs and faults that are as a result of misuse, damages or defects on your part.
Providing the Service (access/permits)
19. You agree to follow any reasonable instructions that we may give you relating to use of the service, compliance with regulatory laws and to allow us access to your premises if required.
a. For individual use, mandatory registration requirements are:
i. One passport photograph
ii. A valid means of identification
iii. A utility bill (proof of address)
iv. Duly completed contract registration form
b. For business use, mandatory registration requirements are:
i. One passport photograph of the contact person
ii. A letter from the organization introducing the above person as their contact
iii. A valid means of identification for the contact person
iv. A Utility bill (proof of address)
v. Certificate of incorporation/registration documents for enterprises
vi. Duly completed contract registration form
20. You also agree to get any permission needed from your Landlord or someone else if we have to pass our fibre optic cables through their land or put our equipment on their premises.
21. You agree to look after your customer premises equipment. If you do not do so and the equipment is damaged, you may have to pay for it to be repaired or replaced.
Using the service
22. You must not sell, resell, lease, rent or use for any commercial purpose whatsoever unless we have given you permission to do so. If we find that you are using the service for commercial purposes we reserve the right to limit or terminate the service immediately.
23. You must not use the service or allow the service to be used:
a. In any way which breaks any law or the conditions of any licence or rights of others or, if you have a service from us that gives you Internet access, our acceptable use policy which we may amend from time to time (you can find this at www.ipnxnigeria.net) will apply;
b. To make offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety;
c. To send, knowingly receive, upload, download, or use any material which is offensive, abusive, defamatory obscene or menacing; or
d. In any way which we reasonably think will, or is likely to, affect how we provide the service to you or any of our customers.
24. We take the types of misuse described in paragraph 23 very seriously, and you agree to take all reasonable steps to conform. If we reasonably believe you have misused the service, we may take immediate action to suspend the service or end your agreement with us without telling you first, even if you were not aware that your service was misused.
25. You agree that any content, software or other copyright material we supply to you is for your own private use, and that you must not copy, change or publish the material or supply it to any other person or use it for any business purpose.
26. If we provide you with a phone number, you agree that you do not own the phone number and that you will not transfer it to anyone else.
27. The telephone number provided will be retrieved after a period of 6 months of non payment of subscription and may not be available upon request for reactivation.
28. You agree to only connect our equipment to our network. If you want to connect third-party equipment to our network, you must get our permission.
29. You accept that you are using the Internet at your own risk. You are responsible for making sure any equipment you use to access the service is protected against viruses.
31. You are responsible for properly using any user IDs, personal identification numbers (PINs) and passwords needed for the service, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to anyone.
Changing these terms and conditions
32. Sometimes, we will need to change the charges and the terms and conditions of the service. We will publish details of all changes online at www.ipnxnigeria.net
33. We will let you know about a price increase or a change to the terms and conditions that we believe is likely to cause you material disadvantage at least one month before it happens. We will let you know about other price changes and changes to the terms and conditions with your next available bill or an alternative method, if these are simpler and better.
34. For changes we need to make to meet legal and regulatory requirements, we may not be able to meet that timescale stated in Paragraph 33. We will let you know about these changes as soon as we can.
Our rights when we provide the service
35. We may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services. We also record all calls to emergency services.
36. Occasionally, we may have to:
a. Interrupt the service. If we do so, we will restore it as quickly as we can;
b. Change your area code or phone number, or access numbers; or
c. Make minor changes to certain technical specifications, this may include: limits for transferring information which are associated with the service and the technology we use to provide the service to you.
37. Our service is not available in all parts of Nigeria or in every city in Nigeria and may be restricted to certain areas within those cities where service is available.
Ending the Agreement
38. You may chose to cancel your order at any time giving at least 3 days notice before the installation date if you have a change of mind about the service. You will not be able to cancel the service after signing-off the installation as satisfactory and the total cost of the service will be non-refundable.
39. If you are using any services, applications or features which are free of charge, these will end on the day your agreement with us ends.
Things you need to know about our Broadband services
40. Fair Usage Policy: All plans are provided in line with our fair-usage policy as set out at http://ipnxnigeria.net/pages/fair_usage_policy
41. Data Allowance: FOS service has a monthly usage allowance. If you go over your data allowance, your service will be suspended. If this happens consistently, we will advise you on plans that are better suited to your data usage. If we upgrade you to another plan, a new start period and service charge will apply.
42. We may also take action to manage the network's performance during periods where there is a high demand.
43. If you are to move home within our coverage area, you will be required to inform us of such at least five working days before you do so as to transfer your service to the new location. Installation charges will apply for all service relocation jobs. If we are not able to provide the service at your new address, and your subscription is still running, we will not refund any part of the unused subscription.
44. You can only change your service plan at the end of any 30 day subscription. If you change your service plan, a new minimum period will apply unless you are moving home or we have changed your service under paragraph 41 and 43 above. If you upgrade or downgrade your service plan, the charge in the ipNX price terms will apply.
45. If you change service, we have the right to move you to a different billing method.
Our responsibility to you
46. If you suffer a continuous total loss of the service at any time after we have provided it, we will endeavour to restore service within 48 hours (excluding public holidays) after you have reported the fault to us. We will treat a fault reported after 9pm on a weekday, or anytime at weekends or on a public holiday, as if you reported the fault at 8am on the next weekday after the day you reported the fault to us
47. If we do not do as stated in Paragraph 46, we will provide a refund for each day we are late in repairing the service. It is equal to the daily charge of your rental for each day that applies. The daily charge is twelve times the monthly rental charge (including VAT) divided by 365. You will not be entitled to a rental refund if the fault relates to hardware failure, malfunction, configuration errors, or is due to equipment you have bought from other suppliers and connected to our network.
48. Unfortunately, we cannot guarantee that the service or the equipment we provide will never be faulty. We have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted as a result of your using or your inability to use the service. We will not be liable to you for any losses that you may suffer if you have used the service or equipment we provide for business purposes.
49. You will need to contact us to claim a refund. We will take the amount we owe you off your next bill.
Matters beyond our reasonable control – Force Majeure
50. Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with your chosen communications services.
51. From time to time you may need to contact us to sort out a problem that you are having with us. Our Consumer Code of Practice sets out how you can contact us and the process for dealing with any complaint or dispute you may have. You can see a copy of the code online at http://ipnxnigeria.net/pages/consumer_code_of_practice. Alternatively, you can ask us to send a copy of the code to you. We will try our best to work through any complaint or dispute that you may have with us. However, if we cannot do this, you may refer the matter to the Consumer Affairs Department of the Nigerian Communications Commission and get an independent view. Details of how and when to refer a dispute, are set out in our Consumer Code of Practice.
Other Important Information
52. You accept that the agreement for the service is personal to you and agree not to transfer it to anyone else, or to try to do so without the consent of ipNX.
53. When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number. If you need to contact us, please contact, ‘The Manager Customer Care’ using the address on your last bill or any other postal address, e-mail address or phone number we have given to you for that purpose.