1. FOS which means Fibre Optic Service is a high speed connection to the Internet. When you subscribe to FOS we agree to provide you with the following services:
- High-speed fibre broadband service. Your speed will depend on the FOS plan you have selected and refer to the maximum download speed.
- Telephone line
- Helpdesk services.
- 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.
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. We do not warrant the content, availability, accuracy or other aspect of any information including, without limitation, all data, files and other information or content in any form or of any type, accessible or made available to or by the you or affiliates through the use of the Services.
13. In the event of the interruption, failure or breakdown in the Services, or of the loss or damage to your programs or data, we make no warranty that either will be restored. You assume full responsibility for backing up your files. You shall also be responsible for encrypting any sensitive data which you intend to carry over the network.
14. 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.
15. We guarantee that any equipment that we sell or deploy to you will work to the relevant specification for the minimum period of 90 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 provided that:
- The equipment is used, operated and maintained in a normal and proper manner.
- The equipment is not operated beyond its rated capacity.
- The equipment is not involved in any accident and is not altered in anyway.
16. We will not be responsible for any defects arising from fair wear and tear, accidental or wilful damage, misuse or failure to follow our instructions.
Providing the Service (access/permits)
23. You agree to follow any 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
24. 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.
25. 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
26. 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.
27. 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.
28. We take the types of misuse described in paragraph 26 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.
29. 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.
30. 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.
31. The telephone number provided will be retrieved after a period of 6 months of nonpayment of subscription and may not be available upon request for reactivation.
32. 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.
33. 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.
35. 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.
Limitation of Liability
36. IpNX's liability to you, if any, shall not exceed the total Fees for the Service(s) in question during the month in which the event giving rise to the liability occurred. IpNX's liability to you, if any, shall be limited to direct damages. In no event shall IpNX be liable for lost profits, loss of data, economic loss, or any other indirect, incidental, consequential, special, exemplary or punitive damages of any kind (even if we have been advised of the possibility of such damages), arising out of or in any way connected with your chosen communications services. These limitations apply to all causes of action, including breach of contract and tort (including negligence).
37. Under no circumstances will IpNX or its successors and assigns, be liable to you for any incidental, special or consequential damages, expenses, costs, liability, loss or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law or any other cause of action or legal theory. You agrees, acknowledge and confirm that IpNX's liability arising out of or in connection with the provision of the Services, and the your exclusive remedy, shall be limited to the Fee paid by the you and that this limitation is fair and reasonable in the commercial circumstances of this chosen communications services and that IpNX would not have agreed to provide this service but for your agreement to limit IpNX's liability in the manner, and the extent, provided for herein.
38. For greater certainty, you agree that IpNX and its successors and assigns shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with the provision of the Services, even if IpNX has been advised of the possibility of such loss.
39. ipNX is not liable for protection of privacy of electronic mail or other information transferred through the Services or any other network provider you may utilize.
40. ipNX assumes no liability arising from the use of the Services furnished by IpNX in combination with services, products or equipment provided by you or any third parties.
41. You shall have sole responsibility for the preparation of your programs and data. ipNX, its directors, employees, sponsors and agents shall not be responsible for any fault or error in your programs or any programs accessed through the Services or the Internet
42. You shall indemnify and save ipNX, its successors and assigns, and their directors, officers, employees and agents harmless from and against all loss, liability or damages of any type and expense, including reasonable legal fees and disbursements, arising from any and all claims by any third party, including end users and distributors (collectively, the "Third Party"), in connection with the use of the Services (and related equipment) by you or any Third Party or in connection with the your failure to comply with its obligations under this Terms and Conditions, whether the failure is attributable to the you or to some other person using the your account with or without your permission.
43. You shall indemnify IpNX, its successors and assigns and their directors, officers, employees and agents, against any claim by a Third Party for alleged infringement of any copyright, trademark or any other intellectual property rights which arises as a result of the storage or processing of any of your programs or data on or through the Services or the Internet.
44. The indemnities contained herein shall survive termination of this service for the maximum amount of time permitted by law.
Changing these terms and conditions
45. 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
46. 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.
47. For changes we need to make to meet legal and regulatory requirements, we may not be able to meet that timescale stated in Paragraph 45. We will let you know about these changes as soon as we can.
Our rights when we provide the service
48. 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.
49. 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.
50. 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
51. You may choose 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.
52. 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.
ipNX may suspend the services by giving 3 days’ notice for any of the following reasons:
- To comply with any law, regulation, court, Nigerian Communications Commission (NCC) order or other governmental or regulatory request or order requiring immediate action,
- To prevent interference with, damage to, or degradation of Company’s network
- The Service is used in a manner that violates the acceptable use policy (AUP) or any applicable law or regulation, or otherwise exposes ipNX to legal liability, whether this use is by you or any other entity or person using the service and whether or not this use is authorized or consented to by you.
- Where the period of suspension exceeds 10 days, either Party is at liberty to terminate the service with 24 hours’ notice.
- In the event of Termination under paragraphs 50 and 51, you shall remain liable for all outstanding Fees.
Things you need to know about our Broadband services
53. Fair Usage Policy: All plans are provided in line with our fair-usage policy as set out at https://www.ipnxnigeria.net/pages/fair_usage_policy
54. 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.
55. We may also take action to manage the network's performance during periods where there is a high demand.
56. 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.
57. 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 53 and 55 above. If you upgrade or downgrade your service plan, the charge in the ipNX price terms will apply.
58. If you change service, we have the right to move you to a different billing method.
Our responsibility to you
59. 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.
60. If we do not do as stated in Paragraph 58, 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.
61. 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.
62. 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
63. ipNX shall not be liable to you for any breach where the breach was caused by Act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, licensing authority or other competent authority, compliance with any statutory obligation, industrial disputes of any kind (whether or not involving ipNX’s employees), fire, explosion, epidemics/pandemics, flood, weather of exceptional severity, acts or omissions of persons for whom ipNX is not responsible (including in particular other telecommunication service providers) or any other cause whether similar or dissimilar outside ipNX’s reasonable control; and which make it impossible for ipNX to provide you with your chosen communications services.
64. ipNX shall within 48 hours notify you in writing of the force majeure event, the reasons for the delay, the likely duration and the steps being taken to remedy it.
65. The period of Service may be extended for a period equal to the length of non-performance occasioned by the Force Majeure.
66. ipNX is unable to perform or accept the performance of work, wholly or partly, due to Force Majeure for a period exceeding seven (7) days, provided that where there is such occurrence and the services to be performed cannot therefore be completed then ipNX shall refund to you a fair share or proportion of the charges hereby reserved and paid in advance to ipNX according to the nature and extent of non-performance. In such an event you or ipNX shall be at liberty to terminate the service.
67. 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 https://www.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
68. 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.
69. 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.