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 fiber 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:
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 7.3 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. to the Legend Services shall be subject to a valid subscription and dependent on the Customer prepaying for the Legend Services on a timely basis. The Customer may subscribe to the Legend Services in a variety of bundles. Full details of the Legend Services available under each Bundle are as set out at http://legend.ng/bundles/
3.2. Customer shall pay a set-up fee (the “Set-up Fee”) prior to connection to the Suburban Network (the “Set-up Fee”). The Set-up Fee shall be as notified to the Customer and shall comprise the cost of the installation of the Suburban Network and the Connected Device, in addition to any value added tax (“VAT”), and any other applicable taxes and charges.
3.3. Suburban will connect the Customer to and grant the Customer access to the Suburban Network over which the Legend Services will be deployed.
3.4. Suburban will deliver the Legend Services to the Customer fourteen(14) to twenty-one(21) days from date of the execution of the relevant purchase order. Any changes thereafter by Suburban will be properly communicated to the Customer.
3.5. Installation of the Legend Services may take a longer period of time than advertised or indicated by Suburban and as such,Suburban
3.6. 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
3.7. 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.
3.8. 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.
3.9. 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.
3.10. Suburban 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 to the Suburban Network. The Legend Services are provided on an “as is” basis.
4. Performance of the Legend Services
4.1. 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.
4.2. 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.
4.3. 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.
4.4. 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.
4.5. In order to improve the quality and speed of data transmission, Customer may in purchase additional access points at https://legendshop.ng
5. Use of the Legend Services
5.1. 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.
5.2. 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.
5.3. 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.
5.4. 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.
5.5. 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.
5.6. The Customer must not use the Legend Services:
a) 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;
b) to access or use content in a way that infringes on the rights of others;
c) to send, receive, store, distribute, transmit, post, upload or download any material or data which is or may be harmful to minors;
d) for any fraudulent purpose or effect, or which involves Customer impersonating another person or misrepresenting himself/herself as the source of any communication;
e) for any purpose which damages or may damage Suburban’s name and/or reputation or the name and/or reputation of Suburban’s agents;
f) to violate the security of the Suburban Network or any third party’s system or network security.
6. Home Wi-Fi
6.1. Suburban shall make available to the Customer at least one full Home Wi-Fi node for the distribution of Wi-Fi within the Service Location.
6.2. Suburban does not guarantee that a single Wi-Fi node will fully distribute the Wi-Fi signal in the Service Location, as such Customer may require additional Wi-Fi nodes which shall be purchased at the Customers expense.
7. Connected Device
7.1. All risk of loss of or damage to the Connected Device transfer to the Customer upon the Connected Device being delivered to the Customer. Accordingly, Suburban will have no responsibility or liability whatsoever for any loss of or damage to the Connected Device and its accessories.
7.2. Suburban warrants that the all Connected Devices including the Wi-Fi node 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”).
7.3. In the event of a defect or failure during the Warranty Period, Suburban may at its discretion either repair or replace the defective device. This warranty is limited to items covered by the manufacturer only and 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.
7.4. Suburban will not be responsible to the Customer for defects to the Connected Device if such defect arises from, accidental or willful damage, misuse, fair wear and tear, or failure to follow Suburban’s instructions.
7.5. Suburban shall not be liable for any fault in the Connected Device 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 the Access Equipment or network equipment;
8. Payment obligation / No-refund Policy
8.1. Customer shall make prompt and timely payment of the Monthly Subscription Fee .
8.2. Customer shall not be entitled to a claim for a refund of the set-up fee or Monthly Subscription Fee once it has been paid, notwithstanding any termination or suspension of the Service, 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.
8.3. In the event of a planned outage or temporary pause in the provision of the Legend Services 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.
8.4. Suburban shall not be liable for the refund of:
a) any loss or damage caused by viruses or unauthorised use of, or attempts to access the Legend Services;
b) any loss or damage suffered or sustained, directly or indirectly, out of suspension, interruption or unavailability of the Legend Services;
c) 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;
d) any loss or corruption of data or information;
e) use of any Connected Device not provided by Suburban to access the Suburban Network.
9. Box Office
9.1. 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.
9.2. Box Office purchases cannot be cancelled once made by the Customer.
10. Multi Dwelling Units
10.1. Where Suburban provides the Legend Services to a Customer in a Multi Dwelling Unit (MDU), Suburban may at its discretion waive payment of the Set-up Fee.
10.2. If Suburban waives payment of the Set-up Fee, Customer shall be required to pay for the Connected Device and the Monthly Subscription Fee for a minimum of one (1) month.
10.3. Title in the Connected Device shall pass to Customer after payment and Suburban shall not be responsible for any defect to the device. As such, the replacement cost in the event of any loss or damage shall be borne by the Customer.
11.1. 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.
11.2. 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.
11.3. 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.
12. Parental Control
12.1. 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.
12.2. 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
13. Multi view
Multi view subscriptions can only be utilised by the Customer at the Service Location.
14. Legend Voice Package
The Customer’s allocated call time shall be indicated by Suburban from time at http://legend.ng.
15. Limitation of Liability
15.1 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.
15.2 Suburban’s liability to the Customer for failure to provide the Legend Services in accordance with this Terms and Conditions shall be limited to the provision of the Legend Services at no additional charge for a duration equivalent to that in which the Legend Services were not provided (when it ought to have been provided).
16. Data Protection
16.1. Suburban shall treat in confidence any Customer information in its possession and shall not disclose such information to a third party except it is required by law to disclose such information.
16.2. Where Suburban discloses Customer information to any third party, it shall ensure that such third party is bound by a similar data protection obligation/agreement.
16.3. Suburban shall obtain and maintain information on the Customer where such information is reasonably required for the provision of the Legend Services to the Customer. The Customer hereby consents to such acquisition, storage and processing of Customer’s information. The information shall be:
a) fairly and lawfully obtained and processed;
b) processed for the reasonable business requirements of Suburban as disclosed to Customer;
c) relevant and not excessive;
d) kept for a necessary period of time;
e) processed in accordance with the Customer’s other rights; and
f) protected against improper or accidental disclosure.
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 any other agreement