Terms and Conditions
This Terms and Conditions for use of ESTREAM NETWORKS LIMITED services sets out the Agreement between the Customer (“You”) and eStream Networks Limited (“hereinafter referred to as “ESTREAM” or “We” or “Us”), and which shall include all affiliates, subsidiaries, network Service Provider or partners of eStream Networks Limited.
The provision of services, and the supply of the Access Device(s), is subject to the terms and conditions set out herein (and as amended or updated by eStream Networks Limited from time to time).
1.1 “Access” shall mean the access to the Network granted by eStream Networks Limited to the Customer, by virtue of the number of days, hours, bandwidth, volume that a customer shall be entitled to use the Services as determined by Subscription Charges paid subject to these terms and conditions;
- “Access Device” shall mean any such device which has been prescribed by eStream Networks Limited as a eStream Networks Limited network compatible medium through which Services may be provided to the Subscriber, such as an indoor CPE (SIM, MIFI, mobile or fixed router, dongle, software), outdoor CPE or such other devices (as the case may be) as may be prescribed by eStream Networks Limited from time to time;
- “Activation” shall mean the enabling of the Access Devices by eStream Networks Limited so that it operates on its Network and is usable by the Subscriber for the provisions of 4G LTE Services;
- “Coverage Areas” shall mean those geographical areas where Services are accessible to eStream Networks Limited subscribers, as specified by eStream Networks Limited, and as reviewed from time to time by eStream Networks Limited;
- “CPE” shall mean Customer Premises Equipment, including the Access Devices or other equipment installed at Customer Premises by eStream Networks Limited;
- “Customer” shall mean a Subscriber, that is, the person to whom the Services shall be provided subject to these terms and conditions;
- “Network” shall mean telecommunications system and operations of eStream Networks Limited by which eStream Networks Limited WIRELESS data services are made available to subscribers;
- “Services” shall mean eStream Networks Limited Wireless Access with its designated features as will be provided and modified from time to time by eStream Networks Limited;
- “Subscription fees” means payments or any payment on account by the Subscriber in accordance with the subscriber’s service option of preference from time to time
2.NETWORK ACCESS AND SERVICES
- Unless otherwise advised by eStream Networks Limited, payment of Subscription Fees shall entitle a Subscriber access to the Network within the area designated by eStream Networks Limited from time to time as the Coverage Area.
- Access is subject to the following provisions:
2.1 Payment of the relevant subscription fees applicable to the subscriber’s DATA option of choice. The Subscription fees include VAT and other statutory charges, as shall be applicable from time to time;
2.2 Service availability within the Coverage Area at any point in time;
2.3 Compliance with all the terms and conditions of this service, and any other future modification, additions or directives as may be prescribed by eStream Networks Limited.
- eStream Networks Limited shall be entitled to immediately suspend Services and Access if it appears that the Customer’s subscription has been exhausted with respect to the duration which the subscription relates or has been forfeited for any reason, eStream Networks Limited may in its absolute discretion give advance notice of suspension or forfeiture to the Subscriber. The subscription and any amount of airtime remaining thereof on Subscriber’s account may be forfeited if the Subscriber within the period during which Access is available fails to use the Service and fails to notify eStream Networks Limited of the intention not to use the service within the said period.
- ACCESS DEVICE AND WARRANTY CONDITIONS
2.1 All risk of loss of or damage to the Access Device transfer to the Customer upon the Access Device being delivered to the Customer. Accordingly, eStream Networks Limited will have no responsibility or liability whatsoever for any loss of or damage to the Access Device and its accessories. Replacement in the event of loss or damage to Access Device or accessories is at the Customer’s cost and at a rate to be determined by eStream Networks Limited.
2.2 If the Access Device is lost, the Customer shall immediately report such loss to the Police and follow up the report to eStream Networks Limited with a copy of the Police Report relating to the loss of the Access Device.
2.3 If an Access Device fails to operate within ……(three) days from date of being sold to the Customer, eStream Networks Limited will replace such Access Device with a similar new product at no cost to the Customer, if eStream Networks Limited deems such failure to be an out-of-box failure. eStream Networks Limited provides a Six (6) Months’ warranty in respect of failures other than the failures contemplated above, which warranty will commence on the date of sale of the original Access Device to the Customer as per the eStream Networks Limited invoice and, in the event of such a failure, eStream Networks Limited shall swap the faulty device with a similar product that has been refurbished.
2.4 The warranties in clause 2.3 will not apply in the case of damage or failures caused by negligent use, wilful misuse, abuse or incorrect use of the Access Device by the Customer, if device is submitted in a fair wear and tear state, is damaged due to failure to follow instructions, device has any traces of contact with any form of liquid or corrosion, is damaged due to electrical fluctuations; is attempted to be repaired or a replacement part fitted to the device by anyone other than eStream Networks Limited; is connected or used any item other than items purchased from or certified compatible by original equipment manufacturer for use with such device; markings or labelling of the device has been altered, obscured, removed or otherwise interfered with, or acts of God or any other non-device related failures.
2.5 It is specified that the Access Device as supplied or sold by eStream Networks Limited from original equipment manufacturer is free from defects and in working condition. Customer shall check performance of the Access Device at the point of collection to ensure device is in a good working condition.
2.6 The ESTREAM NETWORKS LIMITED CPE is LTE to Ethernet converter that has WIFI as an add-on service. The range of the WI-FI Signal is 10 meters. DO NOTE THAT Customer can only gain access within the perimeter of the range of the WI-FI signal, and the WI-FI signal is distorted by walls so therefore, the thickness of the wall could make the signal fall short of its 10 meters capacity. eStream Networks Limited shall not be responsible for the distribution of internet access within the customer’s premises beyond the WI-FI signal capacity. For shared Internet service, customers may not get exact speed at peak periods. However, if a client requires increased service speed, he/she should either opt for a higher service band or request for our dedicated internet service.
- FAIR USE POLICY
4.1 ESTREAM NETWORKS LIMITED Unlimited (FUP) Data Bundles allows for access to the subscribers who have purchased such data bundles within the validity period of the purchased data bundles. We want our customers to enjoy surfing the internet and our Fair Use Policy is there to make sure our customers have the best experience possible. There might be some customers who use so much data that it might adversely affect the network quality & deteriorate surfing experience for majority of our users. We also painstakingly ensure that our customers get valuable and unmeasured experience from their chosen price plan.
In order to ensure the smooth and effective running of events, we continuously monitor Mobile internet usage of our subscribers during the validity period. A Fair Use Policy given in Gigabytes (GB) of data applies on all Mobile internet services.
4.2 How does the Fair Use Policy work?
Under the policy we have defined fair usage levels for unlimited data plans. On reaching the fair usage level, the plan speed would be rationalized (reduced from the normal speed of the plan) for the rest of the validity period/bill cycle. The fair usage level and the reduced speed usually vary from plan to plan and these details are mentioned along with the plan itself.
The speeds would be upgraded to the normal speeds once the validity of recharge is done or additional data is purchased within the current cycle.
4.3 Our Rights
4.3.1 Where a customer is in breach of this Fair Use Policy, eStream Networks Limited may contact such customer to discuss changing the customer’s usage so that it conforms to this Fair Use Policy.
4.3.2 We reserve the right to vary the terms of the Fair Use Policy from time to time without prior notice or intimation.
4.3.3 If, post reaching the levels of usage mentioned against tariff plan in the FUP policy, customer’s excessive or unreasonable use continues, eStream Networks Limited may, without further notice to the customer:
126.96.36.199 Suspend or limit the Service (or any feature of it) for any period, we think is reasonably necessary; and/or
188.8.131.52 Terminate your agreement in accordance with the relevant Part, Terms & Conditions.
5 CUSTOMER’S OBLIGATIONS
The Customer shall:
- Be bound by eStream Networks Limited ‘s terms of service accepted by:
1.1 Clicking to accept or agree to the Terms, where this option is made available by eStream Networks Limited in the user interface for any Service; or
1.2 By actual use of the Services. It is understood and agreed that ESTREAM NETWORKS LIMITED will treat customer’s use of services as acceptance of the Terms.
- Not use the eStream Networks Limited Services for any improper or unlawful purpose, nor allow others to do so;
- comply with all relevant laws, regulations and rules relating to use of the Access Device and the eStream Networks Limited Services;
- not act, whether by commission or omission, in any way likely to injure or damage any person, property or the Network or cause the quality of the Network to be impaired or interrupted in any manner and the Customer fully indemnifies eStream Networks Limited against any liability, damage or loss arising from any unlawful, illegal or improper use of the Access Device or the Services;
- not access, transmit, store or distribute any data, material or content in violation of any applicable law or regulation or any acceptable use policy of any eStream Networks Limited system or which infringes on the intellectual property rights of eStream Networks Limited or any third party or violates the privacy of others or which materially affects the quality of Services or other telecommunications services provided by eStream Networks Limited from time to time;
- not utter, publish, access, transmit, store, distribute or create any offensive, obscene, harmful, indecent, illegal, discriminatory, inflammatory or unlawful images or content, data or other material, or any data capable of resulting in offensive, obscene, harmful, indecent, illegal, discriminatory, inflammatory or unlawful images or material;
- not dispatch unwanted commercial advertising or unsolicited messages using personal or corporate e-mail addresses, SMS (Short Message Service), e-mail lists or Usenet discussion groups;
- not overload eStream Networks Limited network or systems with a view of impairing such system or network, or attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
- not introduce any malware or malicious programs or codes (such as viruses, worms or Trojan horses) into the eStream Networks Limited;
- not execute any form of network monitoring or otherwise engage in any monitoring or interception of data not intended for the Customer without authorization;
- use the Access or Network for any purposes or in any manner which eStream Networks Limited, exercising its reasonable discretion, from time to time determines to be inappropriate or unacceptable;
- not do anything which may, in eStream Networks Limited sole opinion, jeopardize or threaten the operation of the Network or quality of the Services; and
- ensure that all persons, if any who are authorized by the Customer to use the Customer’s Access Device or the Access or Services provided to the Customer by eStream Networks Limited comply with the Customer’s obligations set out in this Agreement; and
- WARRANTIES AND REPRESENTATIONS
ESTREAM NETWORKS LIMITED does not give or make any warranties, representations or guarantees whatsoever, whether implied or express, in relation to the availability, reliability, accuracy and security of the Access or Services. The Access and Services are provided on an “as is” and “as available” basis. The sole warranty given in respect of the Access Device is contained in the Warranty Certificate as may be issued with the Access Device.
- INDEMNITIES AND DISCLAIMER OF LIABILITY
- The Customer uses the Services and the Access at the Customer’s own risk. eStream Networks Limited shall not be liable to the Customer for any loss, injury, damage, cost, expense or penalty (“Damages”), howsoever caused, suffered by the Customer or any other person arising out of or relating to the use of the Services or operation of the Access Device, as far as these terms and conditions of service shall otherwise state.
- Without detracting from any of the other provisions of these terms and conditions, eStream Networks Limited shall not be liable for any loss or Damages, whether they are direct, indirect or consequential, in the event that such loss or Damages were caused by any negligent act or omission on the part of eStream Networks Limited, its employee, and/or its agents.
- Furthermore, eStream Networks Limited shall not be liable for any Damages, howsoever arising, suffered or sustained by the Customer or any third party arising, directly or indirectly, out of suspension, interruption or unavailability of the Services or Access.
- eStream Networks Limited shall in no event be liable to the Customer or any third party for any direct, indirect, special or consequential damages, including any lost profits, business interruption, loss of programs or other data, arising from or in connection with actions taken by eStream Networks Limited pursuant to this Agreement.
- eStream Networks Limited shall in no event be liable to carry out subsequent surveys or visit to the customer’s premises once the device has been sold to the Customer after a profiling of customer’s location to ascertain the network coverage. Where the initial survey reveals a good network coverage and the device is sold on that basis, any subsequent complaint requesting a visit to the customer’s premises is prohibited. Any subsequent complaint on the device accessibility to the internet must be reported at eStream Networks Limited technical touchpoints for fixing of such devices.
- INTERRUPTION OR SUSPENSION OF SERVICES
8.1 eStream Networks Limited shall be entitled to suspend or interrupt the Services and/or Access at any time without prior notice:
8.1.1 to facilitate any modifications, maintenance or remedial work in respect of the Services or the Network by eStream Networks Limited;
8.1.2 if the Customer or any person using the Customer’s Access Device or the Services or Access does not comply with or is in breach of any provision of or obligation in this Agreement; or
8.1.3 if eStream Networks Limited is required to do so by any law or authority.
8.2 ESTREAM NETWORKS LIMITED reserves the right to restrict or terminate at any time without liability on its part the Access, Services and/or these terms and conditions if eStream Networks Limited (in its sole discretion) determines that the Customer is in violation of any provision of these terms and conditions or eStream Networks Limited online policies.
- INTELLECTUAL PROPERTY
9.1 Nothing contained in this Agreement or relating to the sale of the Access Device will be constructed as vesting in or transferring to the Subscriber any right, title or interest in the software, or any intellectual property belonging to eStream Networks Limited or any third party.
9.2 The Customer acknowledges and agrees that a third party owns the intellectual property rights vesting in the Access Device and its accessories. The Customer shall not in any way tamper with, modify or decompile or do such things as may affect the intellectual property rights of any third party with respect to the Access Device or the provision and use of the Access or Services.
- GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Nigeria.
11.1. eStream Networks Limited reserves the right to, without prior notice, amend or amplify the terms and conditions of these terms and conditions or amend the tariffs, services, charges and other essential ingredient of or relating to the Agreement; provided that in the case of increase in tariffs or charges, the Customer shall be duly notified of the changes thereafter.
11.2. The Customer authorizes and grants eStream Networks Limited consent to disclose to any statutory or duly authorized body or person, with or without notice, any private or confidential information which it may obtain in the course of the Customer or any other person using the Access Device, Services and/or Access, in accordance with any law or regulation in force in Nigeria at any time.
11.3. The Customer is entitled to refer any dispute relating to the Services to the Nigerian Communications Commission or its delegated representatives.
11.4. The Customer shall have no right to rely on any variation, amendment or consensual cancellation of this Agreement or any provision or term hereof nor the settlement of any disputes arising under this Agreement, unless reduced to in writing and signed by eStream Networks Limited. No extension of time, waiver or relaxation or suspension of any of the provisions of these terms and conditions shall be binding on eStream Networks Limited unless reduced to writing and signed by or on behalf of ESTREAM NETWORKS LIMITED. Any such extension, waiver or relaxation or suspension which is so given or made shall be construed as relating strictly to the matter in respect of which it was made or given. By accessing ESTREAM NETWORKS LIMITED services, the Customer is deemed to have accepted to be bound by these terms and conditions.
The Subscriber hereby undertakes as follows:
- That I have read and fully agree with the Terms and Conditions of the Services;
- That the Access and Coverage Area has been explained and described to me, and is clearly understood by me; and,
iii. That I have subscribed to the Service in full understanding of the Service
Customers’ Signature/ Date