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Terms & Conditions - BlackBerry

1. Introduction

a) These Terms and Conditions shall be deemed an integral part of the subscription agreement concluded with the Subscriber(s).

b) The Effective Date of these Terms and Conditions shall be the date of the Subscriber’s acceptance of the application form for the BlackBerry Enterprise Solution TM.

2. Scope

a) airtel carries on the business of GSM telecommunication and related services wishes to roll out the BlackBerry Enterprise Solution Services in accordance with this Agreement to its Subscriber(s).

b ) The standard BlackBerry Enterprise SolutionTM offering consists of: A BlackBerry Handheld Device; BlackBerry Software; Supplied hardware Accessories for the BlackBerry Handheld; Access to the BlackBerry Net work Infrastructure to the extent required to send and receive data as permitted by the BlackBerry Software described herein Subscription to the monthly BlackBerry Enterprise SolutionTM offer

3. Charges

a) airtel shall provide the services to its Subscriber at the rates in the application attached here to

b) airtel shall render monthly accounts to the Subscriber (s) for the charges for BlackBerry Enterprise SolutinTM and services.

c) Accounts for BlackBerry Enterprise SolutionTM and services and other supplementary services must be paid to airtel within fourteen days of the date of account or by the second day of the month following the date on which the bill was served, whichever is later.

d) The bill served shall be final and conclusive evidence for the amounts due from the Subscriber.

e) If a Subscriber fails to pay his/her account within the period specified above, airtel may temporarily suspend service to the Subscriber, without prejudice to airtel's right to recover any amount which may be due at the time of suspension or which may accrue during the time of suspension.

f) The rates stated in the application form is subject to change that airtel may from time to time make

4. Fault reporting

Responsibility for the reporting of the faulty operation of the equipment rests with the Subscriber. Except for non-airtel equipment, the Subscriber shall not attempt to repair or modify the equipment, nor permit a third party to do so.

5. Liabilites and Responsibilities

a) Limitations of airtel's liability: airtel shall not be responsible / liable to the Subscriber in damages or otherwise for any action related to BlackBerry such as delay in providing or restoring BlackBerry Enterprise SolutionTM and services, or for the loss or damage occasioned by the total or partial interruption or disconnection of service. No abatement shall be made from the rental by reason of whatever cause unless the service was totally unserviceable for a continuous period of not less than three (3) calendar months.

However, airtel shall, under no circumstances, be liable for any loss of profit or income or for any other indirect or consequential loss or damage.

b) Subscribers' liability for equipment: Subscribers are responsible / liable for the cost of any BlackBerry Enterprise SolutionTM, equipment and services made from or other use of the Equipment whether with or without their knowledge or permission and areliable for the loss or damage to airtel’s Equipment. The Subscribers shall pay to airtel on demand, the amount ofdamage, beyond fair wear and tear, to the equipment. airtel shall not be bound to repair the Equipment until these two requisites are fully satisfied by the Subscriber.

c) Subscribers' liability for damage caused by attachments: The Subscriber shall be liable for any loss ordamage to the airtel network resulting from the use of BlackBerry Enterprise SolutionTM, equipment and Services, which are non type approved by airtel without prejudice to the right of airtel to initiate legal action against such Subscriber. This statement shall not be interpreted to indicate airtel acceptance of the use of non type approved products / equipment.

d) Special Subscriber's Responsibilities

The Subscriber shall:

Comply with all notices or instructions given by airtel from time to time in respect of the use of the Service;

Comply with the rules of any network to which the Subscriber has access through the Service;

Conform to Internet etiquette that is required by the electronic forums including airtel’s Conditions of Use;

Be solely responsible for all information retrieved, stored and transmitted by the Subscriber through the use of the Service;

Abide and adhere to the terms and condition of this Agreement;

Not use the Service in any manner, which in the opinion of airtel may adversely affect the use of the Service by other Subscribers or efficiency or security as a whole.

6. Overloaded e-mail account

airtel may limit the e-mail account (or otherwise) used in the BlackBerry Enterprise SolutionTM, equipment and Services and Subscribers shall rent additional account when their service is overloaded.

7. Duration of hire and renewal of BlackBerry

a) BlackBerry Enterprise SolutionTM may be for a period/s as per the following:

Unless otherwise determined by airtel, the minimum period of for BlackBerry Enterprise SolutionTM, and Services commencing from the date of provision shall be Twelve (12) months

Notwithstanding the reasons for premature disconnection or termination of the service, the subscriber shall always remain liable for such rental and/or other airtel charges as if he has utilized the full minimum period of hire.

8. Period of notice for removal or disconnection

Subscribers are requested to give at least thirty days notice of their requirements in the above connection in writing for all BlackBerry Enterprise SolutionTM, and Services.

9. Responsibility for death or injury

airtel shall not be responsible for any death and/or injury to any person howsoever arising from the operation of the BlackBerry Enterprise SolutionTM, equipment and Services and the Subscriber shall indemnify airtel against all claims made by or on behalf of any person howsoever arising from any such death and/or injury or loss and/or damage to property.

10. Transfer of service from one Subscriber to another

BlackBerry Enterprise SolutionTM and Services are provided by airtel for the sole use of the Subscriber. The Subscriber may not transfer BlackBerry Enterprise SolutionTM, equipment and Services or use of such service whether temporarily or permanently to any third party.

11. Variation of charges

airtel reserves the right to revise any charges, having given a minimum of three (3) days notice prior to such revision.

12. Cancellation of service order

If the Subscriber cancels his/her BlackBerry Enterprise SolutionTM, equipment and Services order after work has been started on the provision of the service, the Subscriber shall pay airtel the costs of such work. airtel may alternatively deduct these costs from any advance payment or deposit which the Subscriber may have paid towards the provision of the service or from any other entitlement which airtel must pay back to the subscriber.

13. Force majeure

airtel shall not be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind (whether or not involving airtel employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom airtel is not responsible or any other cause whether similar or dissimilar outside airtel's control.

14. Prohibited use: The Subscriber shall:-

a) Not use the BlackBerry Enterprise SolutionTM for any transfer of technology purpose in part or in full.

b) Not use the Service to carry out any criminal or unlawful purpose such as but not limited to vice, gambling or obscenity or any such activity which contravenes the law

c) Not use the Service to send or receive any message or indulge , associate with aid or abet any activity which is offensive or contrary to the moral, social, religious, cultural, racial or political values of Sierra Leone or of any anxiety to any person including a company or a corporation;

d) Not compromise any computer virus to the network and systems;

e) Not infringe any copyright or intellectual property rights;

f) Not gain unauthorized access to any computer system connected to the Internet or any information regarded as private by other person including a company or corporation;

15. Disclaimer: The Subscriber understands and acknowledges that:-

a) airtel may implement security procedures and measures based on encryption during the process of the service to the Subscriber.

b) While every care is taken by airtel in the provision of the Service, airtel shall not be responsible / liable for 1. Any loss of information or data howsoever caused whether as a result of n on-delivery, misuse, abuse or miss-delivery of information, 2. Any interruption, suspension, or termination of the Service, or 3. For the contents, accuracy or quality ofinformation available, received or transmitted through the Service.

c) airtel shall not be responsible / liable for any loss or any damage sustained due to any disclosure, inadvertent or otherwise, in any information concerning the Subscriber's account particulars or any unauthorized, fraudulent, inappropriate or illegal access or use of the BlackBerry Enterprise SolutionTM, whether or not due to airtel’s neglect.

d) The Subscriber shall be solely responsible, for ensuring that in using the Service all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times complied with.

e) The Service is provided on an "as is" basis. airtel makes no warranty of any kind, expressed or implied, including, but not limited to, warranties of accuracy and expressly disclaims all implied warranties, including, but not limited towarranties of fitness for a particular purpose.

f) airtel shall not be responsible / liable for any loss, damage, consequential or otherwise, arising out of any failure of the Service caused.

Notwithstanding the aforementioned, the extent of airtel’s liability shall be limited to correcting the failure of the Service.

16. Termination

a) airtel may terminate this Agreement for any reason, at its own discretion and at any time. airtel may take all the legal actions, if the Subscriber breaches any term, condition, undertaking or warranty under this Agreement

b) Such termination shall not prejudice the right of airtel to recover all charges, costs, and interests due and any other incidental damages incurred thereto.

b) Such termination shall not prejudice the right of airtel to recover all charges, costs, and interests due and any other incidental damages incurred thereto.

c) airtel shall not be liable to the Subscriber for any claim for damages or costs of any nature whatsoever arising out of discontinuance or termination of the Service.

17. Amendments

airtel reserves the right to change, amend or reproduce these conditions from time to time as it may think fit. Any such change, amendment or reproduction shall immediately be b
inding on the Subscriber from the date on which it is issued by airtel

18. Variation

airtel reserves the right to amend the Terms and Conditions contained herein at any time and the Subscriber shall be bound by the amended Terms and Conditions.

19. Severability

If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

20. Assignment

The Subscriber shall not assign any of his rights or obligations under these Terms and Conditions to any other person whatsoever except with prior approval of airtel. airtel may assign this Terms & Conditions or any part thereof to anybody corporate which is a parent company, subsidiary or related company of airtel and consent for the abovementioned is hereby given by the Subscriber.

21. Indulgence and waiver

a) No delay or indulgence by airtel in enforcing any term or condition of this BlackBerry Enterprise SolutionTM or granting of time by airtel to the Subscriber shall prejudice the rights or powers of airtel under these Terms and Conditions or at law.

b) Failure by airtel to exercise any part or all of its rights under the terms and conditions of these Terms and Conditions or any partial exercise shall not act as a waiver of such right nor shall any waiver by airtel of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

22. Disputes between airtel and Subscriber / applicant:

Any Dispute between airtel and Subscriber / applicant, controversy or claim arising under, out of or relating to these BlackBerry Enterprise SolutionTM Terms & Conditions and any subsequent amendments of these Terms & Conditions, including, without limitation, its

formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by an Arbitrator

23. Governing law

This Agreement shall be governed and construed in accordance with the laws of Sierra Leone.

24. Severance

Each of these Terms and Conditions shall be severally distinct from one another and if at any time any one or more of such Terms and Conditions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall on in

any way be affected or Impaired thereby.

25. Notice

airtel may give notices to the Subscriber by posting them online. Such notices, requests or other communications shall be deemed to have been given immediately after the said posting.

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