BY AND BETWEEN:
VIRTUAL TECHNOLOGIES AND SOLUTIONS, SA, Joint-Stock Company duly incorporated under the OHADA Uniform Act relating to general commercial law, which headquarter is located in Ouagadougou, Burkina Faso, rue de la fraternité (east side of pissy market), 01 BP 1629 Ouagadougou 01, Phone number: 51 06 06 06/ 65 65 64 65, email: firstname.lastname@example.org, represented by its technical director, Mister OUEDRAOGO Abdoul Karim, duly authorized for the purpose hereof;
Hereinafter referred to as “the Distributor”;
On the one hand, the Internet customer, Hereinafter referred to as “the Subscriber”,
On the other hand.
VIRTUAL TECHNOLOGIES AND SOLUTIONS, SA and the Subscriber. are referred to herein individually as “the Party” and collectively as “the Parties”.
This agreement shall be governed by the following general conditions:
VIRTUAL TECHNOLOGIES AND SOLUTIONS, SA shall provide the Subscriber with access to the INTERNET network through its network and computer equipment, as well as the related services.
Article 1: PURPOSE
These general conditions shall govern the subscription which gives access to the connectivity server. The access provision consists of the interconnection of the Subscriber’s IT equipment with the worldwide Internet network via a modem and the cable network operated by the Distributor. The content of the services offered to the Subscriber is indicated in the attached table.
Article 2: PRICE
The amount of the subscription is due in accordance with the rates indicated in the attached table.
Article 3: DURATION
The subscription shall start when the Internet socket is installed and active at the Subscriber’s end and when the Subscriber is in possession of the recognition elements provided by the Distributor and which will be requested by the server before each connection.
The subscription is valid for a monthly period which comes into force starting from the effective date of activation. It is automatically renewed on a monthly basis.
Article 4: CONNECTION
4.1. The Internet socket
The installation of the Internet socket shall be carried out exclusively by the Distributor in return to the prices indicated in the attached table. The connection to the cable network and / or the installation of the Internet socket shall be carried out in the presence of the client or any other person duly authorized for this purpose.
4.2 Internet connection
During activation, the Distributor shall give the Subscriber recognition elements which will be requested by the server before each connection. The connection is made by the Subscriber after entering these recognition elements. The recognition elements are personal and the Distributor shall not be held responsible in the event of fraudulent use of this information. The Subscriber is required out of self-interest to keep his / her information confidential.
Article 5: MODIFICATIONS
The Distributor undertakes to inform the client, one month in advance, of any modification to the content of the services provided, their duration and their price. At the end of the thirty-day period (30) following the information, the absence of any written objection from the client implies his / her acceptance of the new conditions. In the event these modifications are accepted by the Subscriber, the new provisions shall apply on the date of the effective change. In the event of non-acceptance of these modifications, the Subscriber will have the option of terminating his / her subscription. He / She must proceed to this termination in writing, during the month preceding the date of the effective change.
Article 6: SUPPORT – MAINTENANCE
The Subscriber is required to immediately notify the Distributor of any breakdown in the installation operation in order to allow the Distributor to resolve the breakdown. Repairs and restorations relating in particular to the following operations shall not be considered as part of normal maintenance and will be invoiced at the applicable rates on the day of the event:
ü operations on installations downstream of the socket;
ü operations on equipment used in a manner that does not comply with its normal use;
ü impact, electrical damage, water damage, fires or any other event which is likely to damage the equipment;
ü operations on installations by unauthorized third parties.
The same provisions shall apply to technicians dispatching following an unjustified call.
Article 7: OWNERSHIP OF FACILITIES
The equipment installed by the Distributor as part of the provision of Internet access is made available to the Subscriber for his / her exclusive use and remains the property of the Distributor.
The Subscriber shall refrain from dismantling it or taking it away or using it in any other manner, under penalty of being billed for the reinstallation of these sockets at the applicable rate.
Article 8: LIABILITIES
8.1 The Distributor’s liabilities
ü The Distributor shall be responsible for the quality of the Internet connection from the Internet node to the network entry point, owned by the Distributor, at the Subscriber end;
ü The Distributor shall not be held responsible for breakdowns, line outages, bad configurations of equipment regarding the equipment which is not under the Distributor’s direct control, or which the Distributor’s has not supplied and in particular regarding connections of any type provided by other providers;
ü The Distributor does not guarantee the transfer rates and response times of information circulating on the Internet. Internet access shall be essentially guaranteed at all times, subject to constraints and hazards beyond the Distributor’s control, affecting the continuity and quality of the service and which cannot be reasonably overcome or avoided despite the precautions taken during the design, construction, maintenance and operation of the connection platform or network.
Scheduled service outages to carry out necessary work of any kind for maintenance or development of the offer shall be the subject of an information notification to the client and shall not entitle to any compensation. Work that can be programmed in advance (maintenance, extension, etc.) shall be carried out as much as possible outside periods of high use.
In the event of a service outage, the Distributor shall immediately take the necessary measures to ensure its return-to-service without undue delay.
The Distributor shall be responsible for the software tools made available to its clients when signing the Agreement and which are necessary for the connection and the exchange of data between the Subscriber’s site and the Distributor’s IT platform. However, the Distributor shall not be held responsible for any accidental or willful damage caused to the Subscriber by third parties as a result of or through their connection to the Internet.
8.2 The Subscriber’s liabilities
ü The Subscriber must declare that his / her electrical installations are compliant, meet the standards and are earthed before any installation of the Distributor’s equipment for the provision of Internet access. Otherwise, in the event of damage or alteration of the equipment, the Subscriber shall automatically be responsible for repair or reinstallation costs;
ü The Subscriber shall be fully responsible for the equipment provided by the Distributor. He / She must protect the Distributor’s equipment against deterioration, alteration and damage. He / She must not authorize anyone to carry out work or to manipulate in any way possible this equipment except for the representative of the Distributor. Otherwise, the Subscriber shall reimburse the Distributor for the full cost of repairing or replacing any equipment lost, stolen, damaged, mortgaged, sold, rented, reassigned, unreturned when due or transferred in whole or in part;
ü The Subscriber shall be responsible for the information that he / she transmits, as a broadcasting or a written publication, on the Distributor’s network, even if he / she is not the creator;
ü The Subscriber shall be responsible for his / her own IT security. The subscription and the elements of recognition, provided by the Distributor, are personal and should not, under any circumstances, be transferred to a third party under penalty of immediate termination in accordance with the provisions of article 10 hereof. It is expressly agreed that the Subscriber who transfers his / her Agreement in violation of the above prohibition remains liable for the payment of the price of the subscription and all consumption linked to the subscribed supply bundle;
ü The Subscriber undertakes not to redistribute, in whole or in part, the bandwidth providing him / her with Internet access. In addition, the Subscriber undertakes not to use the provided service and equipment to operate an Internet service provider business;
ü The harmful consequences of the client’s faults or negligence as well as those of the people or objects under his / her custody shall also remain under his / her, without involving the responsibility of the Distributor.
Article 9: MISCELLANEOUS PROVISIONS
The Subscriber shall be formally prohibited, under penalty of termination of his subscription and without prejudice to all damages and prosecution, to introduce any kind of disturbance into the network. In this event, the Subscriber shall be held responsible for these disturbances both with regards to the Distributor and to third parties.
In particular, the Subscriber shall be prohibited from making any modification to the connection between his / her point of connection to the Distributor’s cable network and the Internet socket without the Distributor’s prior authorization.
The Subscriber shall also be prohibited, under penalty of termination of his / her subscription and without prejudice to any damages and prosecution, to introduce disturbances of any kind into the network or to make any modification to the equipment made available to him without the Distributor’s prior authorization.
Article 10: TERMINATION
10.1 Normal termination by the Subscriber
The Subscriber may terminate his / her subscription at any time, provided he / she informs his / her Distributor thereof.
10.2 Early termination by the Subscriber
If the Subscriber, before the end of the use of his / her subscription fees, decides to terminate his / her subscription, the remaining costs to be used shall not be payable.
10.3 Termination by the Distributor
Any breach by the Subscriber of the conditions of this Agreement shall justify the immediate termination of the subscription without prejudice to any damages.
In the event of non-payment of consumer credit for ninety (90) days and failing regularization within the deadline set by a formal notice sent by the Distributor, the subscription shall be immediately terminated and the equipment (Client Premise Equipment) such as the antenna shall be automatically taken back from the Distributor.
In all cases, the sums owed by the client on the date of termination remain due by the client. In the event of non-payment, the related costs as well as those necessary for their recovery shall also be the responsibility of the client.
10.4 Automatic termination in the event of technical impossibility of connection
In some cases, the Internet provision may be technically impossible. In such an event, this Agreement will automatically cease to apply. The Distributor will inform the Subscriber thereof by mail or telephone and will subsequently notify him of any change in the network or in the technical conditions which would allow connection to be considered again. All payments made by the Subscriber to the Distributor under this Agreement and corresponding to the period during which he / she could not benefit from the service will then be reimbursed to him / her, without him / her being able to claim any form of compensation due to the inability to provide the service.
ARTICLE 11: APPLICABLE LEGISLATION
The Parties agree to subject this Agreement to the applicable legal and regulatory provisions of BURKINA FASO.
ARTICLE 12: DISPUTES
Any disagreement, difficulty or dispute relating to the execution or interpretation of this Agreement shall be amicably settled. In the absence of any amicable agreement, the disagreement, difficulty or dispute shall be governed by the applicable legal and regulatory provisions of BURKINA FASO.
ARTICLE 13: ADDRESS FOR SERVICE
The Parties declare that their address for service shall be the address of their headquarters or domicile for the application of this Agreement.
ARTICLE 14: FINAL PROVISIONS
For any specification which does not appear in this Agreement, the Parties shall refer to the applicable legal and regulatory provisions of Burkina Faso.
The Parties declare that they acknowledge having read the legal, regulatory and conventional telecom provisions and accept their application within the framework of this Agreement.