CUSTOMER AGREEMENT FOR WIRELESS INTERNET SERVICES
Updated and revised 10/01/2024
Thank you for choosing NETNOVA LINQ for your Internet needs. This document is important–please read it carefully. THIS NETNOVA LINQ CUSTOMER INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“USER”) AND NETNOVA LINQ
TECHNOLOGIES LLC (“NETNOVA”) AND SETS FORTH THE TERMS AND
CONDITIONS BY WHICH NETNOVA WILL MAKE AVAILABLE THE
SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”).
NETNOVA RESERVES THE RIGHT TO CHANGE OR MODIFY THIS
AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED
AGREEMENT ON NETNOVA’s WEBSITE AT LEAST 30 DAYS IN
ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. NETNOVA
MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF
CHANGES ON NETNOVA’s WEBSITE; NOTIFYING USER BY EMAIL;
AND/OR NOTIFYING USER ON USER’S MONTHLY BILLING
STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION
POSTED ONLINE IN THE ‘POLICIES’ (https://www.netnovalinq.com/policies and-conditions-of-service) AREA OF NETNOVA WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect once USER’S order for Services has been accepted by NETNOVA and USER accepts Services from NETNOVA. This Agreement shall continue until USER’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by NETNOVA and used in conjunction with the Services, such as Consumer Premises Equipment; Multimedia Terminal Adapter; or any other Internet Protocol (“IP”) connection device (collectively, a “Device” or the “Equipment”).
1.SERVICES
Internet Access – Subject to the Service characteristics contained herein,
NETNOVA shall provide Internet connections between the NETNOVA provided
wireless Equipment and NETNOVA’s Internet backbone. Internet connections are provided as “up-to” the speeds advertised within the Service plan purchased by USER reflecting performance under ideal conditions. NETNOVA reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance and will do its best to inform USER of any such interruptions ahead of time. NETNOVA shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.
- ACCEPTABLE USE
As a condition of use of the Service, USER warrants to NETNOVA that USER
will use the Service in accordance with the Broadband Internet Acceptable Use Policy of NETNOVA as it may be updated from time to time and which is available at https://www.netnovalinq.com/policies-and-conditions-of-service.
The transfer of technology across national boundaries, including electronic
transmission thereof, is regulated by the Government of Republic of Ghana. USER agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through NETNOVA Services without first obtaining any required export license or governmental approval. USER agrees it will not directly or indirectly export or re-export such technology to any country.
NETNOVA will cooperate fully with relevant legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless NETNOVA, its agents and representatives, from any and all claims, costs, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by NETNOVA, or any other party, arising out of USER’s breach of either this lawful use provision or NETNOVA’s LINQ Internet Acceptable Use Policy. - COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE,
FIRMWARE OR SOFTWARE
The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on NETNOVA Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of NETNOVA’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of NETNOVA. Nothing in this Agreement grants USER the right or license to use any NETNOVA marks. USER has not been granted any license to use the firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in any Devices or Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. USER expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that NETNOVA will not provide any passwords, codes or other information or assistance that would enable USER to use such Device or Equipment for any other
purpose. NETNOVA reserves the right to prohibit the use of any interface
equipment that NETNOVA has not provided to the USER. USER hereby
represents and warrants that USER possesses all required rights, including software and/or firmware licenses, to use any interface equipment that NETNOVA has not provided to USER. In addition, USER shall indemnify and hold NETNOVA harmless against any and all liability arising out of USER’s use of such interface equipment with the Service. USER shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
USER shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from NETNOVA. NETNOVA reserves the right to terminate USER’s Service if NETNOVA believes, in NETNOVA’s sole and absolute discretion, that USER has tampered with any Device. In the event of such termination, USER will remain responsible for any termination fees as provided for in this Agreement. USER shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. - SECURITY
USER can best control the risks associated with security, and therefore USER is solely responsible for maintaining and upholding the account security of USER’s Service. NETNOVA will not be responsible for any disruption of Service, corrupted files or viruses which affect the USER of the Service. It is USER’s responsibility to safeguard USER’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of USER’s failure to properly secure USER’s network and devices may result in the immediate termination of USER’s Service. USER is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account. - SERVICE CHARACTERISTICS
Service Availability – The Service is subject to availability as it is contingent on available NETNOVA facilities and unique signal path conditions between such facilities and the USER premises. Due to the nature of the Service technology, NETNOVA reserves the right to deem the Service unavailable to the USER up to, including, and after the installation. NETNOVA assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in USER’s geographical area, for any reason, even where such unavailability occurs after installation of the Service. Service Plans – NETNOVA offers a range of Service plans with different speeds. Service plans are subject to availability and may include other promotional terms and conditions (“Service Term”). A Service Term shall begin on the date that the Service has been installed and activated by NETNOVA. If USER signs up for a Service plan that includes special or promotional offers, such offers may only be in effect for the initial Service Term of the plan. If USER changes or upgrades their
Service plan, any special or other promotions may be subject to discontinuance or removal.
Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. NETNOVA Services are provided as “up-to” speeds and NETNOVA does not guarantee the maximum Service performance (i.e., throughput speeds) levels. NETNOVA will make every reasonable effort to ensure that a USER receives the speeds under the Service plan the USER signed up for throughout most of a USER’s daily use and reflecting performance under ideal conditions. NETNOVA is not responsible for speeds from points anywhere else on the Internet and USER understands that content that USER may access through the Service may be subject to “caching” or several other factors and conditions that are beyond NETNOVA’s control.
Network Management – USER understands, acknowledges, and agrees that NETNOVA may use various tools and techniques in order to efficiently and reasonably manage its networks as provided in NETNOVA’s Open Internet Statement which may be updated from time to time and is available at https://www.netnovalinq.com/policies-and-conditions-of-service. Consistent with its Open Internet Statement, NETNOVA may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on NETNOVA’s servers.
IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed and may be modified as required by NETNOVA. - EQUIPMENT
NETNOVA Equipment – NETNOVA will provide USER the authorized wireless
Equipment for use with the NETNOVA Service. Only NETNOVA Consumer
Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service. NETNOVA will own the CPE installed at the USER location and will monitor and upgrade said CPE as NETNOVA determines to be necessary and appropriate.
USER Equipment – It is USER’s responsibility to ensure that USER’s computer system meets the current minimum system requirements stated by NETNOVA as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, USER’s computer equipment may cease to be adequate to access the Service. In such event, USER’s sole remedy will be to upgrade computer equipment or terminate this Agreement. - CANCELLATION / TERMINATION / CHANGE IN AND
AVAILABILITY OF SERVICE
If USER wishes to cancel the Service before Service has been activated, the USER is required to notify NETNOVA of USER’s intent to cancel prior to activation by emailing NETNOVA customer service at netnova_sunyani@outlook.com. USER shall pay the activation fee prior to the scheduling of a Service installation with an NETNOVA technician. If USER chooses to cancel the Service after the activation fee has been paid or after Service has been activated, then USER will not receive any refunds associated with that activation fee or other fees for Services rendered by NETNOVA. If USER elects to cancel service after an NETNOVA technician
arrives at the USER’s premises to initiate installation, then USER will not receive any refunds associated with the activation fee or any installation and processing fees. However, in the event that NETNOVA is unable to provide any Services to USER after USER has paid the activation fee and any associated processing fees, then NETNOVA will fully refund the activation fee and any associated processing fees to the USER.
USER may terminate the Service at any time upon notice to NETNOVA.
Termination is effective on the date USER contacts NETNOVA to cancel the
Service or as of a future date designated by USER or NETNOVA, provided
NETNOVA can support such future date. HOWEVER, PAID CHARGES AND
PROPERLY ASSESSED INVOICES ARE NOT SUBJECT TO REFUND OR
ADJUSTMENT SUCH THAT IF USER CANCELS SERVICE BEFORE THE
END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS
OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER
THE TERMINATION DATE. IF USER CANCELS SERVICES BEFORE THE
END OF A BILLING CYCLE, USER REMAINS RESPONSIBLE FOR
PAYMENT OF UNPAID INVOICES FOR THE ENTIRETY OF THAT
BILLING CYCLE. NOTHWITHSTANDING THE FOREGOING, NETNOVA
RETAINS THE RIGHT TO ISSUE REFUNDS IN PARTICULAR AND
UNIQUE CIRCUMSTANCES UNDER NETNOVA’S SOLE REVIEW AND
DISCRETION.
If USER changes or upgrades the Service plan, any applicable prior Service Term will be terminated and USER will have a new Service Term as applicable to the new Service plan. Upon a change or upgrade to a Service plan, any special or other promotions applied to USER’s account may be subject to discontinuance or removal if such promotion is no longer available. Termination of the Service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for Services rendered prior to termination and any termination, processing and administration fees incurred as a result of such termination. NETNOVA accounts must be paid in full before a cancellation will be considered complete.
USER authorizes NETNOVA and its agents to access USER’S premises to remove NETNOVA’S Equipment after termination of Service. Alternatively, and at NETNOVA’s sole discretion, NETNOVA may choose to leave its Equipment in place. USER bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is received by the USER until the time (if any) when it is returned to NETNOVA in accordance with this Agreement. - TERMINATION AND SUSPENSION BY NETNOVA
Inappropriate use or abuse of the Services by USER, as determined in the sole discretion of NETNOVA, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of NETNOVA Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.
NETNOVA may terminate USER’s account immediately if it determines, in its
sole discretion, that USER has violated any of the provisions of this Agreement, including but not limited to NETNOVA’s LINQ Internet Acceptable Use Policy. NETNOVA reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason. Further, NETNOVA may terminate USER’s Service for any reason by providing
written notice to USER at least thirty (30) days prior to the termination date.
If USER’s Service is terminated by NETNOVA for any reason, USER will remain fully liable and responsible to pay any fees that are still owed to NETNOVA pursuant to this Agreement and for all costs NETNOVA incurs to collect such amounts, including, without limitation, collection costs, interest (as specified below) and attorney’s fees. - FEES, PAYMENT, AND BILLING
USER acknowledges and accepts that NETNOVA engages in forward billing
(i.e., an invoice for fees and services to be rendered in December is issued in November).
Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. NETNOVA will invoice fees for Services and any Equipment in advance. USER agrees to pay all taxes arising under this Agreement.
Additional Fees – All NETNOVA Services are subject to additional fees,
including, but not limited to insufficient funds fees, late fees, and reconnect fees as set forth in the Additional Fees and Payment Terms Disclosure Statement as it may be updated from time to time and which is available in Appendix A of this Agreement.
Payment Assurance — If during our Service relationship NETNOVA questions USER’s willingness or ability to pay your bills in a timely way, NETNOVA might require additional measures to ensure payment (like requiring prior payments or additional security). If USER refuses to follow these required measures, NETNOVA may terminate USER’s Service and assess any applicable termination charge.
Payment Method and Timing – Accounts may be paid by Bank Deposit or
MOBILE MONEY(MOMO).
Late Fees and Service Interruption/Disconnect – NETNOVA shall charge USER late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other applicable fees. Additionally, NETNOVA may interrupt or disconnect USER’s Services for non-payment and USER shall be subject to a Reconnect Fee to resume Service. The late terms and associated charges are determined by the date payment is received by NETNOVA.
Late terms and associated fees for each stage of the delinquency process are as set forth in the Additional Fees and Payment Terms in Appendix A. The Additional Fees and Payment Terms also set forth the appropriate intervals when USER’s account will be interrupted or disconnected. At such time that NETNOVA determines that Equipment is to be retrieved from USER, NETNOVA will call USER to inform USER that Equipment will be removed and retrieved. In all cases, if USER wants to resume or reconnect Services, USER’s account must be brought current and USER shall be subject to a reconnect fee. Delinquent Accounts: Should USER’s account become delinquent after 30 days, USER may be responsible for collection fees, attorney’s fees, court costs and/or interest of 1.5% per month/18% per annum.
Billing Disputes and Errors – Subject to applicable law, USER may dispute any invoiced charge by contacting NETNOVA within sixty (30) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable sixty (30) days after the date of the invoice on which they appear and USER shall waive the right to dispute any charge after such period. NETNOVA’s obligation with respect to any billing errors resulting in USER’s overpayment for Service is limited to granting invoice credits equal to the exact amounts erroneously billed, subject to the above limitation.
Fee Changes – USER acknowledges and agrees that NETNOVA has the right to change its Service fees, additional fees, or add new fees at any time, including but not limited to pass-through regulatory fees and taxes beyond NETNOVA’s control, upon notice to the USER.
USER Charges – USER acknowledges that USER may incur USER-initiated
charges while using the Services. For example, charges may be incurred as a result of USER accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. USER agrees that all such charges, including all applicable fees and taxes, shall be paid by USER and are not the responsibility of NETNOVA. - INSTALLATION AND ACCESS TO USER’S PREMISES NETNOVA will provide installation Services at the USER premises at an agreed upon price. As part of the installation process, modifications to the inside wiring in
USER’s premises may be required, and USER hereby consents to and authorizes any such modifications. USER authorizes NETNOVA, and its employees, agents, contractors, and authorized representatives to enter USER’s premises in order to install, maintain, inspect, repair, and remove the Equipment and/or Services. In addition, NETNOVA may be required to install equipment on the roof or other outside surfaces of USER’s premises. NETNOVA shall not be liable for any exterior or interior damage due to such installations, including, but not limited to, water intrusion.
If USER is not the owner of the premises, upon request, USER will supply
NETNOVA with the owner’s name and address and written consent or other
evidence that USER is authorized to grant access to the premises on the owner’s behalf or NETNOVA may request permission from the owner to install the Services on the premises. This Agreement is contingent upon NETNOVA’s obtaining a right of entry onto the premises and NETNOVA shall not have any liability if access or right of entry to the premises is denied or limited for any reason. USER will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the NETNOVA installer. For such changes as NETNOVA may determine, NETNOVA may relocate the Equipment for USER within the premises at USER’s request. - PRIVACY
NETNOVA takes USER’s personally identifiable information and privacy
seriously and has established a Privacy Policy which governs its collection, use, disclosure, management, and security related to USER’s personal information. The NETNOVA Privacy Policy may be updated from time to time and is available at https://www.netnovalinq.com/policies-and-conditions-of-service. By using the Service USER acknowledges that USER accepts the practices and policies outlined in NETNOVA’s Privacy Policy. USER’s continued use of the Service after notice of any changes to the Privacy Policy have been provided will indicate USER’s acceptance of such changes. - USER OBLIGATIONS
USER shall be solely responsible for independent backup of any data files residing on NETNOVA computers or networks. NETNOVA reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.
USER shall notify NETNOVA immediately, in writing or by calling NETNOVA
customer support line, if any Device is stolen or if USER becomes aware at any time that USER’s Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When USER calls or writes, USER must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of USER’s Service and additional charges.
Until such time as NETNOVA receives notice of the theft, fraudulent use or
unauthorized use, USER will be liable for all use of the Service using a Device stolen from USER and any and all stolen, fraudulent, or unauthorized use of the Service.
USER will be liable for any and all liability that may arise out of the content
transmitted by USER or to any person, whether authorized or unauthorized, using USER’s Service or Device. USER shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. NETNOVA reserves the right to terminate or suspend USER’s Services and remove any content from the Service, if NETNOVA determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with NETNOVA’s ability to provide Services to USER or others. NETNOVA action or inaction under this Section will not constitute any review or approval of USER’s use or content.
USER has been advised and acknowledges that the Internet may contain
information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases NETNOVA from and agrees to indemnify NETNOVA, its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement. - USER COMPLAINT RESOLUTION
NETNOVA is working to provide the best service possible and welcomes USER’s ideas on how NETNOVA can improve the quality of our service. USER can communicate USER’s views to NETNOVA by email:
netnova_sunyani@outlook.com. - WARRANTY AND USER’S ASSUMPTION OF RISK
USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY
EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY NETNOVA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NETNOVA DOES NOT WARRANT (i) THE
UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT MEET USER’s REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY NETNOVA OR NETNOVA AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
LIMITED WARRANTY – NETNOVA WARRANTS THAT IT WILL USE
REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS
AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE
MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN.
ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE
BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’s ACTUAL
DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX
(6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. NETNOVA WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. NETNOVA DOES NOT WARRANT, HOWEVER, THAT USER’s USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. NETNOVA’s ENTIRE LIABILITY AND USER’s EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT NETNOVA’s SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY NETNOVA. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR
PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF
USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED.
OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, NETNOVA MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’s REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. - LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
NETNOVA OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NETNOVA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL
NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
ADDITIONALLY, NETNOVA WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR ANY HARM TO BUSINESS, LOSS OF DAMAGE TO GOODWILL OR PROFITS, SAVINGS OR REVENUE, OR SIMILAR DAMAGES TO BUSINESS WHATSOVER; (v) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (vi) FOR ANY DAMAGES OR LOSS
DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK
OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vii) FOR CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (viii) FOR ANY MATTER BEYOND NETNOVA’S REASONABLE CONTROL.
NETNOVA WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO
PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR
ANY INTERRUPTION OR DEGRADATION OF QUALITY THAT IS CAUSED
BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN
UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER
THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE;
EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION;
FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF
GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF
TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR
FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION;
SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY
THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF
PORTS BY, USER’s ISP OR BROADBAND SERVICE PROVIDER OR OTHER
IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD
PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE
SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE
THAT IS BEYOND NETNOVA’s CONTROL, INCLUDING, WITHOUT
LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE
OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY
OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION,
EMERGENCY # DIALING) TO BE CONNECTED OR COMPLETED, OR
FORWARDED. NETNOVA’S AGGREGATE LIABILITY UNDER THIS
AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES
WITH RESPECT TO THE AFFECTED TIME PERIOD.
IN NO EVENT SHALL NETNOVA’s AGGREGATE LIABILITY UNDER OR
ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY
USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE
INCIDENT. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER
HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE
DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY
CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE
BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING
WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT. - INDEMNIFICATION
USER agrees to defend, indemnify and hold NETNOVA, its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from USER’s violation of any of the provisions of this Agreement or USER’s placement or transmission of any materials or content onto NETNOVA servers or through its network, or from any and all use of USER’s account, with or without USER’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by NETNOVA as part of NETNOVA investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to USER’s use of or inability to use NETNOVA Services, Equipment, bundled software, or Internet. - MISCELLANEOUS
Relationship – USER’s relationship with NETNOVA is that of a customer. USER is not an agent of NETNOVA, and USER has no authority to obligate NETNOVA by contract or otherwise.
Third Party Beneficiaries – No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights. - DATA CAPPING AND FAIR USAGE: Data capping is when NetNova LINQ Internet places a limit on the amount of data each user can use each month. Fair Usage policies are guidelines set by NetNova internet to ensure every user gets a fair share of the network without overloading it. This often involves putting limits on how much data you can use (but not always). The idea is to prevent users from monopolizing the network, causing slower internet speeds and unreliable connections for other people using the same Internet provider. When a user consumes too much data on a provider’s network, NETNOVA can either implement a hard data cap that stops the user from using their internet services for the rest of that billing cycle or can initiate a slowdown of the user’s services – hindering their connectivity to prioritize other users.
NO RESALE – User explicitly acknowledges that it will not resell the services
provided hereunder to third parties. Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
Transferability and Assignment – USER shall not sell, transfer or assign this
Agreement. USER’s account and right to use NETNOVA Services and system are not transferable without NETNOVA’s prior written consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use, and to be solely responsible for the protection and security of USER’s password and account information.
Proprietary Rights – NETNOVA grants USER a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with NETNOVA, whether or not they are embedded in any product. USER recognizes that the products and Services used hereunder constitute valuable trade secrets of NETNOVA and USER shall use their best efforts to protect and keep confidential any and all products and Services used by USER and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services. Jurisdiction/Venue/Choice of Law – USER agrees that exclusive jurisdiction for any claim or dispute with NETNOVA or relating in any way to USER’s account or USER’s use of the Services resides in the courts of Republic of Ghana and that this
Agreement shall be governed by Republic of Ghana law. USER expressly consents to the exercise of personal jurisdiction in the courts of Republic of Ghana located in Bono Region in connection with any such dispute. If an action at law or in equity is necessary by NETNOVA to enforce or interpret the terms of this Agreement or compel performance thereof, NETNOVA shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which NETNOVA may be entitled if NETNOVA prevails in the action in law or equity.
Amendments – NETNOVA may modify this Service Agreement from time to
time, and USER’s continued use of the Service following notice of such
modification shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any modification of this Agreement, USER must immediately stop using the Service and notify NETNOVA of USER’s desire to cancel the Service.
Information – USER hereby acknowledges that NETNOVA and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the Service (including any products and services made available on the Service).
This information may be used to provide USER with better service. NETNOVA may open and maintain a customer file for USER.
Entire Agreement – This Agreement, including the Service Quote and any and all other documents and NETNOVA policies referenced herein, constitutes the entire agreement between NETNOVA and USER pertaining to the subject matter hereof. NETNOVA’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of NETNOVA and USER, while the remainder of the Agreement will remain in full force and effect.
Appendix A (Standard Additional Fees and Payment Terms)
- Service fees and/or equipment fees will be applied in the case that the event or equipment failure was the responsibility of the customer, per the Terms and Conditions of Service applicable to the customer’s account.
- Emergency Service Fees apply to service calls outside of regular business hours, including holidays. Regular business hours are Monday through Friday between 9:00 am and 5:00 pm