ONLINE Internet Access General Terms and Conditions
Customer is requested to pay a deposit as security on the Internet agreement, subscription and security deposit to secure on equipment. This deposit is refundable if the Customer fulfills its obligation under this general terms and conditions.
Customer shall pay their monthly charges by the due date as detailed on the invoice. Excess data charges (where applicable) shall be paid the following month. Checks shall be made payable to Cogetel Limited. Payments made are not refundable.
ONLINE reserves the right to lock, or suspend internet access if payment is not made before the due date as detailed on the invoice. If Customer is having difficulties making payment, Customer is requested to contact our Customer Care team via 023 727272 / 081 727272. General terms and conditions remain enforceable for locked and suspended accounts.
Overdue payments and bad debts
In the event that the Customer has no willing to negotiate with ONLINE about the overdue payment and bad debts, 7 (seven) days after the account has been locked or suspended, ONLINE reserves the right to terminate that account unilaterally.
ONLINE is responsible for the installation of WiMAX, fiber optic, and ADSL up to the ONLINE’s equipment (modem or CPE equipment). The connection will be tested at this point. It is the Customer’s responsibility to configure computers and network equipment beyond the CPE demarcation point. After signing this Agreement, ONLINE reserves the right to terminate the Agreement if the delay of the installation made by Customer is more than 3 (three) months starting from the date of signature “Delay Period”. All payments made, including without limitation to deposit and prepayment of monthly fee, shall not be refunded; and Customer shall be responsible for any cost related to the installation which may incur prior to the termination.
Purchased equipment carries a 12-month warranty, but Customer shall follow the care instructions of equipment. Rental or loan modems or equipment will be replaced on failure. In case of lost or damaged, Customer shall be responsible for the full cost (DSL modem costs 88.00USD, WiMax modem costs 200.00USD, Fiber Optic modem costs 129.00USD and other equipment). After termination of the Agreement, the equipment shall be returned to ONLINE. Customer shall be advised to keep ONLINE indoor equipment in an air-conditioned, dust and moisture free environment with a suitable voltage regulator or UPS for protection and safety of the equipment.
Scope of Service and liability
Since ONLINE provides its services to Customer in accordance with these General Terms and Conditions, ONLINE will be responsible for all types of issues regarding to ONLINE’s equipment under warranty, the connection link, and CPE. ONLINE will also provide professional consultation to Customer for any issues which may be required by the current needs or caused by local network issues arising out of the above issues. ONLINE shall be liable only with limitation of the CPE demarcation point for actual damage arising out of service outage or interruption.
Term and termination of Agreement
The Agreement has its effect for 12 (twelve) months commencing from the date of service installation “Effective Period”. The Agreement shall automatically prolong for another period of 12 (twelve) months, unless Customer gives ONLINE a written notice of termination at least 30 (thirty) days prior to the end of the Agreement. 8.1) In the event that Customer terminates the Agreement after the Effective Period, Customer is obligated to give a written notice to ONLINE at least 30 (thirty) days prior to the termination date; otherwise, Customer shall be charged one monthly fee starting from the last day of Internet usage detected by the system or from the date of notification by Customer to ONLINE whichever is earlier. In this case, Customer shall pay all due bill(s); and the deposit shall be returned. 8.2) In the event that Customer terminates the Agreement within the Effective Period, Customer shall pay for: (1) the due bill(s); (2) breach of agreement charge by service type (ADSL $40, WiMAX $40, Fiber Optic $100); and (3) one extra monthly fee.
It is the Customer’s responsibility to ensure that their connection, username and password are secure. In particular, Customer is advised to protect any WiFi networks with a strong password. ONLINE is not liable for any unauthorized access to Customer data or internet connection.
Customer shall not re-sell internet or email services. Customer shall not use ONLINE services for spamming, hacking or other malicious/illegal activities. ONLINE reserves the right to disclose those activities to the competent authorities if necessary.
The Customer agrees to indemnify and defend ONLINE from any and all damages, costs, charges, claims, liabilities and expenses directly or indirectly, arising out of or in connection with all claims including without limitation to intellectual property infringement made against ONLINE by third parties as a result of Customer’s use of the services or its user.
Insolvency or bankruptcy of the Customer
In case ONLINE has any doubt about the insolvency or bankruptcy of the Customer, ONLINE shall have the right to suspend fulfillment of its obligation until the Customer has provided security within one week to ONLINE’s satisfaction for all obligations of the Customer ensuing from the Agreement.
In case ONLINE cannot properly perform its obligation, in whole or in part, whether temporarily or permanently, based on the Agreement as a result of force majeure or circumstances which are at ONLINE’s risk, ONLINE is entitled to terminate the Agreement with the Customer without any compensation being due by ONLINE.
These General Terms and Conditions represent ONLINE’s standard terms and conditions of Internet Access Agreement. If there is any conflict between these General Terms and Conditions and another documents such as quotation or Service Level Agreement (SLA)etc., those mentioned documents shall be effective. If any other negotiation is not made, this agreement shall be fully executed. The person(s) signing on behalf of the parties to this Agreement warrant that they have legal authority to execute the Agreement.