Terms and Conditions

These terms set forth the legally binding terms and conditions for the use of Emerald Africa Services (the Services) and these terms shall govern your use of the Services for the period which you are subscribed to use the Services. Kindly note that these terms may change from time to time and shall apply in respect of all the Services.

  1. DEFINITIONS
    In these Terms, unless the context otherwise provides, the following words shall have the following meanings: “Agreement” means this Terms and Conditions as read, understood and signed by the Customer, applicable from time to time; “Channel Partner” means a company that partners with Emerald Africa to sell the Services; “Customer” means any person or organization who has agreed to utilize any of Emerald Africa Services pursuant to these Terms and Conditions; “Government Authority” means any national, supranational, regional or local government or governmental, legislative, administrative, fiscal, judicial or government-owned body, department, commission, authority, tribunal, agency or other entity exercising executive, legislative, judicial, regulatory or administrative powers or functions of or pertaining to government or any subdivision thereof, including any duly authorized law enforcement agencies; and “Services” means the provision of internet to its Customer and includes all service packages, service plans, schemes and offers introduced by Emerald Africa from time to time.

2. OUR SERVICE SCOPE

    • Emerald Africa shall provide WiFi, Internet Access and IP TV Services to the Customer for the period which the Customer has subscribed to the use of the Services.
    • Emerald Africa reserves the right to withdraw, amend, modify or delete account related codes, IDs, email ID, user id, or passwords/s allocated/assigned/shared by Emerald Africa to the Customer, at any time without assigning any reason thereof.
    • The Services remain exclusive property of Emerald Africa, and the Customer is authorized to use, only during the sustenance of this Agreement. The right to use all Services, Application or features or Access parameters including but not limited to email ID, user ID, password etc. as set out under the services, will cease to exist on the day your Agreement expires with Emerald Africa.
    • Emerald Africa reserves the right to withdraw, amend, modify or delete Services/s, Service packages, Service plans, Schemes, Offers, at any time without assigning any reasons thereof, provided that notice of such action shall be given to the User at a reasonable time thereafter.
    • Emerald Africa shall not be liable for any loss, cost or damage arising from transactions the Customer enters into with third parties using the Services (such transactions shall include and are not limited to buying or renting goods or services from such third parties or ordering goods from other organizations using our internet services).
    • Neither Emerald Africa nor the Channel Partners warrants that the Services will be uninterrupted or error free or that any information, software or other material accessible on the Service is free of viruses, worms, Trojan horses or other harmful components.
    • Neither Emerald Africa nor the Channel Partner shall be responsible for installation of hardware or software needed for the Service package unless otherwise agreed and the Customer shall ensure that competent persons have satisfactorily done the same. Without prejudice to the foregoing Emerald Africa or the Channel Partner will render customer advisory service sans recourse.
    • Emerald Africa or its Channel partners shall not be responsible for compatibility problem(s) of hardware/software at the customer premises. Customer herewith expressly acknowledges and agrees that installation of applications at its hardware shall be carried out by a competent person and Emerald Africa shall not be liable for any loss or damage to Customer’s hardware (PC/Computer/Server) during the course of such installation of sustenance of this Agreement.
    • Emerald Africa accepts no responsibility whatsoever for the content of any material from other websites, organizations, which may be accessed through the Services.
    • Emerald Africa reserves the right to block access to any such information which is not permissible as per the law of the Republic of Cameroon and/or as directed by the authorized honourable representative offices of the Government.
    • Our day commences on 00:00:00am and ends in another 23:59:59pm and internet expires 00:00:00 of the expiration day.
    • Any devices belonging to the company will be withdrawn from customer if customer’s account is expired for 60 days.
    • Upon damage of the device, the customer takes full responsibility. Prices for replacement of devices are subject to market forces.
    • However, the safety of the devices is the customer’s responsibility. Hence, Customer is advised to take full responsibility and its safety precaution in safe-guarding the device.
    • Unless within the reasonable confines of any applicable law, no member of our staff shall be held hostage.
    • The relocation of a fixed CPE is subject to cost and must be within coverage area.
    • Upon no coverage, Customer will not be refunded on setup if customer has already been installed and confirmed the internet is working or refund of subscription.
    • Customer’s card will be charged within 7 days if our device has not been retrieved. The Customer is required to ensure that the registered card can be charged as the need arises, failing which legal action may be taken.
    • Customer account cannot be suspended or put on hold once payment is made.
    • There will be multiple SSID on your device for test and development. If for any reason you do not want this, there will be a charge to this.
    • Emerald Africa has the right to apply strict restrictions to any site depending on the demand on the network.
    • Emerald Africa reserves the right to upgrade the Network/ capacity so as to provide desired speed of Services to the Customer, without prior information either to the Customer or the Channel partner. However, the customer understands and agrees that Emerald Africa services may be affected by factors including but not limited to type of equipment being used by you, the internet site/server being visited, network availability, the number of users accessing the internet network in an area/Location; strength of the signal and equipment distance from the nearest antenna and ecological conditions which shall impact operation at desired speed at all times.
    • The customer understands further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Customer’s access to such materials will be at his own risk. Emerald Africa or the Channel partners have no control over the same and accepts no responsibility whatsoever or such materials.
    • Emerald Africa observes a zero-tolerance policy regarding the delivery of Spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, the Customer will not send, cause to be sent or facilitate, Spam using the Service. Accounts that send Spam or that we believe may be facilitating Spam may be suspended and terminated and Emerald Africa will work with the proper authorities in the event of a prosecution.
    • Emerald Africa or its Channel partner reserves the right to release details of customer to any security agents, as required by law, in a case the account was used to commit fraud.
    • Emerald Africa or its Channel partner will not be held responsible if the service is used for impersonation.
    • Emerald Africa requires the customer to provide information on the customer’s profile at the time of sign up.

3. PRIVACY

    • Emerald Africa may provide Customer’s information, in response to request from Government Authority or other website administrators, to detect and prevent security incidents, crime and prosecute offenders. In line with the relevant laws of the Republic of Cameroon, Emerald Africa may also provide information to protect national security.
    • Additional information relating to privacy shall be contained in Emerald Africa Privacy Policy.

4. CUSTOMER’S OBLIGATIONS
You may not use the Services in a way that risks degradation of services levels to other customers, third parties and put our system at risk. If we believe that you are using our Services in any of these ways, as mentioned, we are entitled to reduce, suspend and/or terminate any or all of our Services without giving you prior notice.

5. FORCE MAJEURE
Emerald Africa is not liable for failure to perform its obligation if such failure arises as a result of a Force Majeure which includes (but is not limited to) acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or industrial disputes or interruption or failure of electricity or telecommunications service; actions of regulator or local or national governments or other authorities.

6. SUSPENSION OF SERVICES
Emerald Africa may suspend any or all of Services immediately without notice if: payments made to Emerald Africa have not been realized for any reason due to Customer’s fault; Emerald Africa has to do so by law or in line with an Agreement; Emerald Africa has reason to believe that the Customer has provided Emerald Africa with false, inaccurate or misleading information either for the purpose of obtaining our Services and/or Access Devices; Emerald Africa believes that the Customer or another person at the Customer’s office or home has committed, or may be committing, any act which contravenes the terms of the Services Agreement by using the Services; or Emerald Africa needs to carry out any maintenance, repairs or improvements to any part of its services or its systems, provided that reasonable notice may be given for this purpose.

7. DISCLAIMER
While every effort is made by Emerald Africa to provide highest quality of Service, the Customer acknowledges that Emerald Africa network is interconnected with high-speed internet links provided by other service providers/ entities that are responsible to maintain these links as reliable as possible. Emerald Africa does not own any responsibility in case of interruptions in the inter-connect network beyond its reasonable control. Emerald Africa shall not be responsible whatsoever for any interruption caused by the quality of these links, defect in connectivity or any inconvenience, damages or any other liability whatsoever wither from the Customer or anyone else in this regard.

8. AMENDMENT OF TERMS AND CONDITIONS
Emerald Africa may at any time improve, modify, amend or alter the terms and conditions of the Services if there is any charge or amendment to any law or regulation which applies to Emerald Africa or the Services; Emerald Africa decides that the Services should be altered for reasons of quality of service or otherwise for the benefit of its customers or, in Emerald Africa reasonable option, it is necessary to do so; for security, technical or operational reasons; in all other events, where Emerald Africa reasonably determines that any modification to its system or change in its trading, operating or business practice or policy is necessary to maintain or improve the Services.

9. DISPUTES
Any dispute that may arise from the interpretation or application of these terms and conditions, shall where required, be adjudicated by a competent Court sitting in Yaoundé and the governing law shall be the Laws of the Republic of Cameroon.