Introduction and Scope of Agreement
- The Service we (TOFF supply to you (our Customer) is the ability to have simultaneous telephone calls with other Participants via the telephone network.
- The Service will be subject to available capacity and we do not guarantee that the number of connections required by you will always be available at any given time.
- In providing the Service, we promise to use the reasonable skill and care of a competent Service provider.
- The Service is available 24 hours a day 7 Days per week. Except:
- in the event of scheduled planned maintenance, in which case the Service may not be available and this will be communicated to all post paid customers
- in the event of unplanned or emergency maintenance, we may, if the need arises have to carry-out work that may affect the Service, in this event calls may be truncated or may not connect, if we have to interrupt the Service, we will make every effort to restore it within a reasonable time; or
- in the event of circumstances beyond our reasonable control.
Maintenance schedules and Service status reports will be provided upon request to post paid customers. Occasionally we may have to:
- change the code or phone number of the service or the technical specification of the Service for operational reasons; or
- give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers and you agree to observe them; but before doing so, we will give you as much notice as we can.
- We cannot guarantee that the Service will never be faulty, but we will make every effort to correct reported faults as soon as we reasonably can.
- You have no right to sell or to agree to transfer the PIN Code provided to you for use with the Service on a post paid contract and you must not try to do so. This applies to Post paid customers only. This may not necessarily apply to pre paid customers
- Purchase of the PIN on a scratch cards means you do not get your money back should you report a fault of unavailability of the service. In a case where it is proven that a PIN or set of PINs purchased were unable to access the service,The customer agrees that TOFF is not obliged to refund the value of the PINs as a form of compensation. We will treat these cases on a case by case basis.
- Nobody must advertise any phone number or PIN Code for the Service without our consent, and you must make sure that this does not happen. We will take severe actions
- You must access the Service using the phone numbers issued to you on the scratch card or on the post paid platform.
Charges for the Service
- We charge a fee to access the service if you are a post or pre paid customer. We do not charge you directly for the call per minute use of the Service.
- Each user of the Service, including you, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the Service that you use.
- All Users will be invoiced the Call Charges on their standard telephone bill issued by their telephone network operator at the prevailing Call Charge rate for calls to the dial-in number.
- You may want to check with your telephone network operator to confirm the Call Charge rate for the landline dial-in number applicable to the Service that you use.
- There are no cancellations or booking charges for pre paid and post paid customers.
- For pre paid users we charge an access charge
- You and the Participants must use tone-dialling telephones to dial-in to the Service.
- You are responsible for the security and proper use of the PIN Code once you have received it from us.
- When you register for our pre paid Service, you must provide a current valid email address. This email address will be used by us to communicate Service messages and for marketing purposes. Your information will not be used by any company other than TOFF. To be removed from the mailing list your PIN must be removed from the system and you will no longer be able to use the Service.
- If you or your Participants use a mobile telephone to access the Service, we may send occasional SMS messages, you can opt out of these messages by contacting us at the address or telephone number shown in Paragraph 14.
Misuse of the Service
Nobody must use the Service:
- to make offensive, indecent, menacing, nuisance or hoax calls; or
- fraudulently or in connection with a criminal offence; and you must take all reasonable precautions to ensure that this does not happen.
We will terminate your use of the service by barring your number from the service if a claim is made against us because the Service is misused and you did not take all reasonable precautions to prevent that misuse, or did not notify us of that misuse at the first reasonable opportunity, you must reimburse us in respect of any sums we are obliged to pay and any other reasonable costs that we have incurred.
Voice Calls may be recorded and the recording used for the sole purpose of investigating abuse of the system.
Limitation of Liability
We do not recommend use of the Service where the risk of non connection or loss of connection carries a material risk. Accordingly you may only use the Service if you accept that all such risk is yours and you should insure accordingly.
To the extent allowed by law we disclaim all liability for the use of the Service, in particular:
- any liability we have of any sort (including any liability because of our negligence) is limited to the costs of the call charges incurred for the call in question.
- we have no liability for any unauthorised use or misuse of the Service by you or anyone else.
- we have no liability either to you or any other Participant of your conference call for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
- matters beyond our reasonable control – if we cannot do what we have promised in this Contract because of something beyond our reasonable control, including but are not limited to; lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority, or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. If any such events continue for more than three months, we can terminate this Contract by giving you notice.
- we are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication Services or for faults in or failures of their networks and equipment.
Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.
Termination or Suspension of PIN Code
We can suspend the PIN Code:
- immediately, if you materially breach this Contract and/or we believe that the Service is being used in a way forbidden by Paragraph 10a. This applies even if you do not know that the calls are being made, or the Service is being used in such a way. We will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action;
- upon reasonable notice if you breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.
If we suspend the PIN code, it will not be restored until you satisfy us that you will only use the Service in accordance with this Contract.
- We can change the conditions of this Contract at any time. We will give you as much notice as reasonably possible of any change to these conditions.
- You cannot transfer or try to transfer this Contract or any part of it to anyone else.
- You may cancel the contract at any time by writing to us at the address in Paragraph 14a, but such cancellation will be ineffective to the extent you continue to use the Service.
- If you do not use the Service for at least 6 months we reserve the right to remove the PIN allocated to you from the system.
How to give us notice
Any notice under this contract must be sent by by e-mail as follows:
- to us at TOFF Management Nigeria Limited, 1A Olaniyan Street, Anthony Village, Lagos, Nigeria or any other address we give you.
- to us via email sent to email@example.com.
- to you at either the postal or e-mail address you gave us during the Registration Process.
Third Party Rights
- A person who is not a party to this Contract, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- This contract is governed by the law of Nigeria. Disputes arising here shall be exclusively subject to the jurisdiction of the courts of Nigeria.