Legend Services Standard Terms and Conditions
The terms and conditions set out below (the “Terms and Conditions”) are agreed between Suburban and the Customer and govern the provision of the services described in Clause 1 below (the “Legend Services”) over a high-speed fibre optic data connection to the Customer.
By activating the Legend Services, the Customer agrees to use the Legend Services in accordance with the Terms and Conditions, as amended from time to time.
1. The Legend Services
1.1 The Legend Services shall consist specifically of the Legend Internet service.
1.2 Suburban may, at its sole discretion, provide the following additional services:
Legend TV
Legend Voice
Details of each service is set out at http://legend.ng/products/ .
1.3 Suburban retains the right to amend the Legend Services provided to the Customer from time to time.
2 Availability of Legend Services
2.1 To access the Legend Services, the Customer must be connected to the installed fibre network and access points, comprising of fibre optic cables, cabinet splitters, fibre access terminal and related infrastructure operated by Suburban (the “Suburban Network”) with a device that is compatible with the Suburban Network (a “Connected Device”). To access Legend television content (‘Content”), the Customer can use any of installed set-top box, web platform or mobile app.
2.2 Subject to the provisions in Clause 6.3 below, Suburban shall not be liable to Customer or any third party for any loss, damage, or expense which may result from the unavailability of the Legend Services for any period of time. Suburban shall also not be liable to Customer or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, loss of data, or loss of business information) arising out of or connected in any way with the unavailability of the Legend Services for any period of time.
3 Provision of the Legend Services
3.1 Suburban will connect the Customer to and grant the Customer access to the Suburban Network over which the Legend Services will be deployed.
3.2 Suburban will deliver the Legend Services to the Customer 14 to 21 days from date of the execution of the relevant purchase order. Any changes thereafter by Suburban will be properly communicated to the Customer.
3.3 Installation of the Legend Services may take a longer period of time than advertised or indicated by Suburban and as such, Suburban will not be liable for any loss occasioned by such delay. To this extent, Suburban’s ability to complete the installation of the Suburban Network expediently will depend on the Customer’s availability and ability to provide access to the Service Location for Suburban’s employees and agents. Suburban shall not be responsible or liable for any loss or occasioned by such delay
3.4 Suburban reserves the right to suspend the Legend Services or part of it, to the extent required for it to carry out maintenance, technical repair, enhancement or emergency work. Suburban will use all reasonable efforts to minimise the impact of such suspension on the Customer’s use of the Legend Services and restore the Legend Services as soon as is reasonably possible. Suburban shall not be liable for any data, messages or pages that may be lost or misdirected on account of any such interruption or any other performance issues with the Legend Services.
3.5 Suburban reserves the right to suspend the Legend Services or part of it, to the extent it is required to do so by law or any authority.
3.6 Suburban reserves the right to change or withdraw the Legend Services or any part of the Legend Services and any Content, including the Content library at its sole discretion. Suburban does not guarantee the availability of any Content as this provided by third parties and availability is dependent on factors outside Suburban’s control.
4 Performance of the Legend Services
Suburban does not warrant or guarantee that the Legend Services will be secure or that the Legend Services will be accessible at all times or at the speeds indicated by Suburban. The actual internet speed that the Customer experiences may be lower than that indicated by Suburban due to several factors, including the Customer’s Connected Device(s), Suburban Network capacity, the concentration of users on the Suburban Network or any particular website at any one time and the applications the Customer is utilising.
Suburban does not guarantee that products or services or any websites accessible via the Legend Services are error or virus free. Suburban recommends that the Customer ensures that all Connected Devices are protected by appropriate up-to-date antivirus software at all times.
Any dealings that the Customer may have with promotions, services or merchants via the Legend Services are solely between the Customer and the person with whom they are dealing.
Suburban shall deliver the Legend Services at single point to the Service Location. Customer shall be responsible for any further distribution or cabling that may be required to optimise connectivity at the Service Location. Suburban shall in no event be responsible to the Customer in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity or the deficiency in data transmission between the Customer and the Suburban Network or for any inconvenience, that may be caused to any one or of any kind arising there from.
In order to improve the quality and speed of data transmission, Customer may in purchase additional access points at https://legendshop.ng.
Use of the Legend Services
The Legend Services are intended to be used for private or domestic purposes only. Customer shall refrain from using the Legend Services for activities that cannot be reasonably considered to be private or domestic.
The Customer shall not do, and shall not permit or allow anyone using the Legend Services to do, anything that is likely to adversely interfere with the quality of the Legend Services or operation of the Suburban Network.
Suburban may require the Customer to compensate it for any reasonable and foreseeable losses, costs and expenses which Suburban incurs as a direct result of the breach of Clauses 5.1 and 5.2 above.
Suburban reserves the right to control or restrict the Customer’s online activities through or on the Suburban Network in order to protect the Suburban Network and maintain quality of service for other customers.
Occasionally, fault may arise in the provision of the Legend Services. Suburban will use all reasonable efforts to resolve any such fault as soon as practicable. Suburban’s ability to resolve any fault requires the Customer’s timeous notification of such fault.
The Customer must not use the Legend Services:
for anything contrary to the laws in force in the Federal Republic of Nigeria, or the law of any other jurisdiction applicable to Suburban or Customer;
to access or use content in a way that infringes on the rights of others;
to send, receive, store, distribute, transmit, post, upload or download any material or data which is or may be harmful to minors;
for any fraudulent purpose or effect, or which involves Customer impersonating another person or misrepresenting himself/herself as the source of any communication;
for any purpose which damages or may damage Suburban’s name and/or reputation or the name and/or reputation of Suburban’s agents;
to violate the security of the Suburban Network or any third party’s system or network security.
Payment obligation / No-refund Policy
Customer shall make prompt and timely payment of the Monthly Subscription Fee.
Customer shall not be entitled to a claim for a refund of Monthly Subscription Fee once it has been paid, notwithstanding any termination or suspension of the Legend Services, or any relocation by the Customer from the Service Location before the end of the Subscription Period. Suburban shall provide the Legend Services in respect of and until the expiration of the Subscription Period, whether or not the Legend Services are utilised by the Customer.
In the event of a planned outage or temporary pause in the provision of the Legend Internet service by Suburban, the Customer may, depending on the circumstances, be entitled to airtime credit or such compensation as may be determined by Suburban in its absolute discretion.
Suburban shall not be liable for:
any loss or damage caused by viruses or unauthorised use of, or attempts to access the Legend Services;
any loss or damage suffered or sustained, directly or indirectly, out of suspension, interruption or unavailability of the Legend Services;
any fault in a Connected Device or the Suburban Network caused by tampering and negligence (unless caused by Suburban or any of its agents) or failure of the Customer to follow Suburban’s instructions in relation to a Connected Device or to accessing the Suburban Network;
any loss or corruption of data or information;
use of any Connected Device not provided by Suburban to access the Suburban Network.
Box Office
Where Suburban elects to provide the Legend TV service to Customer, Suburban shall provide the Customer with access to view Content purchased from the Box Office for a period of eight (8) hours following the purchase by the Customer on a Connected Device.
Box Office purchases cannot be cancelled once made by the Customer.
Multi Dwelling Units
Where Suburban provides the Legend Services to a Customer in a Multi Dwelling Unit (MDU), the Connected Device shall at all times remain the property of Suburban, and the Customer shall have no title or interest in or to the Connected Device (save the right of possession and use).
Customer shall at all times be responsible to Suburban for any defect to the Connected Device where such defect does not arise from fair wear and tear, accidental or wilful damage but from misuse or failure to follow Suburban’s instructions. The replacement cost in the event of any loss or damage shall be borne by the Customer.
Customer shall have the option to purchase the Connected Device at any time by paying the full amount for the Connected Device to Suburban. Ownership of the Connected Device shall transfer from Suburban to the Customer after 24 months of active subscription on the Suburban Network.
Suburban warrants that the Connected Device shall be free of any defect or failure for a period of three (3) months from the date that the Installation is completed (the “Warranty Period”). In the event of a defect or failure during the Warranty Period, Suburban shall at its discretion either repair or replace the defective Connected Device. This warranty will not be applicable where such defect or failure arises from any action or unreasonable failure to act by the Customer or other third parties, or where the Customer fails to follow Suburban’s instructions in relation to the use of the Connected Device. Any attempt by the Customer to repair or reinstall the Connected Device upon discovery of a defect will negate the warranty. The Customer shall bear the cost of any defect which occurs after the Warranty Period
Copyright
The Customer must not or allow a third party to copy, redistribute, display, perform, publish, license or relay any Content or any part of the Content in violation of any copyright.
The Customer shall not, either directly or through the use of any device, software, internet site or any other means circumvent any copyright, trademark or other intellectual property rights related to the Content, or other Content protection or access control measure.
The Customer shall not, or allow anyone else to tamper with or modify the Access Equipment or a Connected Device for the purposes of downloading the Content.
Parental Control
The Content may include materials that the Customer may consider unsuitable for young audiences. Where appropriate, parental guidance classification of the Content shall be provided.
The Customer shall be responsible for utilising the parental control features of the Legend Services. It shall be the responsibility of the Customer to keep parental control user details and passwords safe and uncompromised
Multi view
Multi view subscriptions can only be utilised by the Customer at the Service Location.
Legend Voice Package
Where Suburban elects to provide the Legend Voice service to Customer, the Customer’s allocated call time shall be indicated by Suburban from time at http://legend.ng.
Limitation of Liability
Suburban will not be liable for any use of the Legend Services, nor any content which is accessed, sent or received using the Legend Services, nor for any charges incurred with any third party nor for any transaction entered into using the Legend Services.
Termination
Suburban reserves the right to terminate the Agreement and immediately suspend the Legend Services in the event of a breach by the Customer of any of the provisions of the Terms and Conditions or the Agreement.
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