ONLIME SERVICES – TERMS OF USE

  1. Enterprise and Home Services

1.1 Onlime SL Limited is a company incorporated in Sierra Leone with its address for notices at 33 Regent Road Hill Station, Sierra Leone (“Onlime”).
Onlime provides certain services to its subscribers, which are identified either as “Enterprise Services” or “Home Services”. Enterprise Services are intended for business users. Home Services are intended for domestic, non-business uses. When we refer in these Terms of Use to a “Service”, we mean any service, which you buy from Onlime, whether it is a Home Service or an Enterprise Service, unless we say otherwise.

1.2 These Terms of Use set out the contractual conditions under which Onlime’s Services will be made available to you. Each provision applies to all Services, except where we say that it only applies to a particular type of Service.

1.3 Descriptions of the Services are set out at http://www.onlime.com/sl/our-services.

  1. Contract between You and Onlime

2.1 A contract will be effective between you and Onlime subject to these Terms of Use effective as of the date you download an Onlime application and sign-up, or the date of your first use of any of our Services, whichever occurs first (the “Agreement”). The Agreement will remain effective until terminated by either Onlime or you as set out at clause 8 of these Terms of Use.

2.2 If you do not agree to the Terms of Use, you may not use the Services. Your use of the Services will constitute your acceptance of these Terms of Use.

2.3 We may amend the Terms of Use from time to time. When we do this, we will notify our subscribers by email to the email address held in Onlime’s records. We will also post the revised terms on this page of our website from time to time. If you do not agree with those changes, you must stop using the Services and terminate your account. This is your sole remedy for any changes to the Terms of Use. If you continue to use the Services more than thirty days after any changes to the Terms of Use have been sent to the email address held by us on record for you, you will be deemed to have accepted those changes.

2.4 If you are a Home Service user, these Terms of Use together with the terms of our Acceptable Use and Fair Use Policy set out at http://www.onlime.com/sl/legal/acceptable-use-policy/ constitute the entire agreement between you and Onlime in connection with your use of the Services. If you are an Enterprise Service user, the same will apply except to the extent that authorized representatives of your business and of Onlime have entered into a separate legal agreement governing your use of the Services.

  1. Ordering Services

3.1 Onlime’s Mobile Voice Service

In order to receive Onlime’s Mobile Voice Service, you need to download an Onlime app for your make of smart phone at http://www.onlime.com/sl/our-services/voice-solutions/consumer-voip/onlime-top-up/. You will then be able to make and receive VoIP calls when you are in a 3G/4G or Wi-Fi coverage area. Calls to other Onlime users using the Onlime app are free of charge, but data charges may apply depending on your data plan with your mobile operator. Calls to mobile and landline numbers both inside of Sierra Leone and internationally are subject to Onlime’s standard rates. These rates are available by calling +232 66 303030 or +232 76 888885 or +232 30 888885 or by visiting our website at http://www.onlime.com/sl/our-services/voice-solutions/consumer-voip/tariff/. Onlime reserves the right to change prices and institute new fees at any time on issuance of 30 days’ notice on the website referenced above. You can buy credit to make chargeable calls using the Onlime app or by buying Onlime mobile credit scratch cards.

VoIP calls can also be originated from a fixed desk phone, provided it is VoIP enabled and connected to the internet, or from SIP capable PBX system.

3.2 High Speed Internet Service

3.2.1 Onlime’s High Speed Internet Service is a monthly subscription service. Current prices are available by calling +232 66 303030 +232 76 888885 or +232 30 888885. Onlime reserves the right to change prices and institute new fees at any time upon issuance of 30 days’ notice on the website references above or via direct email.

3.2.3 When you have ordered Onlime’s High Speed Internet Service, a broadband modem will be installed at your office or home to enable you to receive the Service. This modem will remain the property of Onlime until it has been paid for in full. The modem is offered with a six-month warranty but please be aware that any unauthorized interference with the modem or damage from an unprotected power supply (UPS) will invalidate the warranty.

3.3 Enterprise Voice Services

3.3.1 Onlime’s Enterprise Voice Service is a monthly subscription service. If you want to sign up to receive the Services, contact us at +23266303030 or +232 76 888885 or +232 30 888885 or by emailing sales@onlime.sl. Onlime will agree with you a fixed monthly charge (the “MRC”) to cover payment of any equipment which you choose to buy from Onlime in connection with your use of the Services (“Onlime Provided Equipment”).

3.3.2 Calls to other Onlime users are free of charge but calls to domestic and international mobile and landline numbers are subject to Onlime’s standard rates. These rates are available by calling +232 66 30303 +232 76 888885 or +232 30 888885 or by visiting our website at http://www.onlime.com/sl/our-services/voice-solutions/enterprise-voip/tariff/. Onlime reserves the right to change prices and institute new fees at any time upon issuance of 30 days’ notice on the website referenced above or via direct email.

3.3.3 All VoIP calls are offered on prepayment basis and you have to make sure your account has a positive balance, or otherwise no calls will be possible. You have the flexibility of recharging your account via different channels such as online, scratch cards, e-voucher, mobile money or bank wire transfer.

3.3.4 You can use your own IP phones or PBX system and related equipment (collectively “Customer Equipment”), in connection with your use of the Services, but you may choose to buy Onlime Provided Equipment. Onlime Provided Equipment will remain the property of Onlime until paid for in full. All Onlime Provided Equipment is offered with a six-month warranty except that any unauthorised interference with the Onlime Provided Equipment or damage caused by an unprotected power supply (UPS) will invalidate the warranty. Current prices for Onlime Provided Equipment and Onlime’s Services are available by calling +232 66 30303 or +232 76 888885 or +232 30 888885.

3.3.5 Individual users can also benefit from the unprecedented voice proposition of Onlime. Consumers that want to enjoy this unique value proposition can download the OnlimeSL app from Apple Store or Google Play. The OnlimeSL app is a free download that gives Onlime customers the opportunity to own a Sierra Leonean number on +23266xxxxx number range and calls between Onlime customers are free regardless of their location. There is no hidden fee or roaming fee attached to this service, but if you are using our service via 3G/4G, networks data charges may apply depending on your data plan with your mobile operator. If you use wireless to connect your phone to the internet, these charges are not applicable. Consumers can use the OnlimeSL app to make affordable local and international calls to other national and international destinations (please see our website http://www.onlime.com/sl/our-services/voice-solutions/consumer-voip/onlime-top-up/ for additional information). OnlimeSL app is a prepaid service, and our consumers have the flexibility of recharging their app via different channels such as online, scratch cards, e-voucher, or mobile money.

  1. Charges for Services

4.1 Payment Methods (Voice Services)

All Voice Services must be prepaid with a credit or debit card, PayPal account, WorldPay, mobile money, scratch cards, and e-vouchers or other methods approved by Onlime, including wire transfer and cash payments at one of the Onlime offices and/or cash top-up agents. Where payment is by card or PayPal, you must provide us with a valid card number or PayPal account when the Service is activated. Onlime reserves the right to stop accepting credit cards from one or more issuers and/or PayPal at its sole discretion. If your payment method expires, you close your account; your billing address changes, or the card/account is cancelled and replaced for any reason, you must immediately notify Onlime via email at customercare@onlime.sl so that your Service is not suspended.

Cash top-ups through scratch cards or e-Vouchers will be carried out by ONLIME authorised street agents. The top-up amount should equal the amount of cash given to the agent for top-up. Should an agent try to charge extra commission, please inform ONLIME immediately!

4.2 Bank Transfer/Cash (Subscription Services Only)

If you are signing up to a subscription service, we may accept payment by bank transfer or cash. Where we have agreed for you to pay by bank transfer or cash, your bill will be due for payment on the 1st of each month. You must ensure that payment is made on or before the 1st of the month or (where the 1st falls on a weekend or public holiday) on the previous working day, to ensure that your Service is not suspended.

4.3 Call Charges

Call times for each call are rounded up to the nearest 1 second for nearly all destinations, and billed accordingly. Please note, that there are a few destinations that will be charged on a ‘per minute’ basis. Please refer to the http://www.onlime.com/sl/our-services/voice-solutions/consumer-voip/tariff/ for a detailed breakdown of call charges.

All calls for which we receive answer supervision shall incur charge. Onlime relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and inter-exchange switching equipment.

4.4 Other Fees

There are no setup fees, no activation fees, no cancelation fees and no hidden charges relating to non-subscription / Pay-As-You-Go VoIP services.

4.5 Credits

Un-used credits (funds) in your account will expire if your account remains inactive for a period of 90 days, unless you have agreed with us otherwise.

4.6 Billing Disputes

You must notify Onlime in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges. Billing disputes should detail each disputed call, showing the amount billed and the billing error. Billing disputes must be sent via registered letter to the following address: 33 Regent Road Hill Station, Freetown, Sierra Leone.

4.7 Refund Policy (Mobile Voice Service only)

Onlime wants to ensure your complete satisfaction with our services. If you are dissatisfied with our services for any reason, you may ask for the return of any money paid by you for our services but not yet used (your available balance) by emailing us on customercare@onlime.sl. We will then provide you with a Return Authorization Number (RA) to set up a return. Returns will not be accepted without a Pre-Authorized RA number. Full refunds are given within 7 business days. The manner of the refund will reflect the way you made your original payment to us and the following charges will occur accordingly:

  1. Wire Transfer – 20 USD
  2. Other methods – Free of charge.

If you need assistance with the return of your available balance, please email customer service or call our customer service center at +232 66 303030 for assistance. To expedite the processing of your return, please reference your order (RA) number.

  1. Authorised Users

5.1 You are responsible for ensuring that any persons you allow to use the Services, comply with these Terms of Use and Onlime’s Acceptable Use and Fair Usage Policy (the “Acceptable Use Policy”) set out at http://www.onlime.com/sl/legal/acceptable-use-policy/.

5.2 If you have bought an enterprise (business) Service, your employees are the only authorized users of your Onlime account. If you have bought any other Service (a “Consumer Service”), then only members of your household may be authorized by you to use the Service. You must not make the Services available in any way for the benefit of any unauthorized person or third party. You must keep any equipment, which you use to access the Service (e.g. any Onlime provided equipment or other equipment used by you) in a secure location or otherwise secured from unauthorized access, so that nobody else may access your Services through your account.

5.3 If you become aware at any time that your Service details have been stolen or may have been fraudulently used, you must contact Onlime by email (customerservices@onlime.com), by calling Onlime at +232 66 303030 or +232 76 888885 or +232 30 888885 or by visiting http://www.onlime.com/sl/ so that your account can be suspended. When you communicate, you must provide your account number and a detailed description of the circumstances and you will remain responsible for all charges for the Services until such time as you provide Onlime with notice of the theft or fraudulent use of the Service and receive a confirmation number of that notification. If you can demonstrate to Onlime’s reasonable satisfaction that any charges were incurred fraudulently and after you had taken all reasonable steps to protect your account, then Onlime in its sole discretion, may agree to provide a refund for some or all of such calls, but without obligation.

  1. Service Details

6.1 Usernames and passwords, and email addresses provided to you by Onlime, are Onlime’s property, and Onlime may alter or replace them after giving you three (3) days notice.

6.2 If your service includes a telephone number or Direct Inward Dialing (“DID”) (collectively “Number”), upon termination of the Service, Onlime may, at its sole discretion, reassign the Numbers provided to you by Onlime. You shall not obtain any rights, title or interest in the Numbers and the Numbers are not portable to other service providers. Onlime reserves the right to change, cancel or reassign the Number at Onlime’s discretion.

  1. Lawful Use of Services

You will be responsible at all times for use of the Services in accordance with all applicable laws and regulations, including (without limitation) not making unauthorized sales or marketing calls, or automated (non-caller present) calls, not using the Services to harass or intimidate any person, and not using the Services or commit or conspire to commit any crime. You must comply at all times with the Onlime Acceptable Use and Fair Usage Policy as set out here http://www.onlime.com/sl/legal/acceptable-use-policy/.

  1. Termination of Services

8.1 Mobile Voice Services

You may terminate your account at any time by removing the Onlime app from your phone.

8.2 Subscription Services

You may terminate a subscription service for Broadband Internet at any time and for any reason by providing one full calendar month’s notice of intent to terminate in writing and addressed to Onlime (Sierra Leone) Limited, 33 Regent Road Hill Station, Freetown, Sierra Leone. Any incoming email sent to an email account which has been cancelled will be rejected by our systems.

8.3 Suspension or Termination by Onlime

8.3.1 Onlime reserves the right to suspend or terminate Services at any time for any breach of these Terms of Use or of the Acceptable Use Policy. In event of any authorized suspension of Service by Onlime in accordance with these Terms of Use, there is a mandatory re-activation fee of $50.00 for Enterprises and $15.00 for Consumers, before service can be resumed.

8.3.2 Onlime reserves the right to terminate any Service on thirty days written notice to you at the email address registered with your account without any requirement to give notice and without liability.

  1. Service Commitment and Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis. Onlime does not warrant that the Services will be uninterrupted or error free, or will operate without packet loss or interruption. Nor does Onlime warrant the reliability of any connection to or any transmission over the Internet, but Subscribers can expect that under normal circumstances the Services will be available 95.5% of the time. Any refunds for poor service will be at Onlime’s sole discretion and without obligation. Speeds of the service are indicative only. Onlime makes no expressed warranties and waives all implied warranties, including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose of the Services. No advice or information given by Onlime or its representatives shall create a warranty. Onlime and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Services, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages.

  1. Loss of Service Due to Power Failure or Internet Service Outage

You acknowledge and understand that the Service will not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet Service Provider (“ISP”) and/or broadband provider, the Service will not function. Should there be an interruption in the power supply or broadband outage, the Service will not function at all until power and service is fully restored. A power failure or disruption may require the End User to reset or reconfigure equipment prior to utilizing the Service.

  1. Limitation of Liability and Indemnification

YOU ACKNOWLEDGE AND UNDERSTAND THAT ONLIME’S ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ONLIME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF ONLIME’S SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT OR TO THE SERVICES PROVIDED BY ONLIME (INCLUDING, BUT NOT LIMITED TO INABILITY OF YOU OR ANY USER OF YOUR SERVICE TO ACCESS EMERGENCY SERVICE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ONLIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE ONLIME SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR ONLIME SERVICE.

  1. Intellectual Property

The Service and any software used to provide the Service or provided to you in conjunction with providing the Service, and all Services, information, documents and materials on Onlime’s website(s) are property of Onlime and are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Onlime, are and shall remain the exclusive property of Onlime and nothing in this Agreement shall grant you the right or license to use any such marks. You acknowledge that you are not given any license to use the software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in any Onlime Provided Equipment, other than a nontransferable, revocable license to use such software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. If you decide to use the Service through an interface device not provided by Onlime, which Onlime reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Onlime against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the software

  1. Customer Care

Onlime hopes that you will be delighted with your Services, but if you have any questions or concerns, please feel free to contact us by calling 303 directly from your Onlime number or +232 66 303030 or +232 76 888885 or +232 30 888885 or by visiting http://www.onlime.com/sl/.

  1. Governing Law

These Terms of Use shall be governed by and construed in all respects in accordance with the laws of Sierra Leone.