Terms and Conditions

INTRODUCTION

Please carefully read and understand these Terms and Conditions (“T&Cs”) and any amendments made thereto from time to time by Broadbased Communications Limited(“Broadbased Communications”) before accessing the Platform or making use of any of the Services.

These T&Cs, together with our Privacy Policy (as defined below), set out the complete terms and conditions which shall apply to your use of any of our Services.

These T&Cs and any amendments or variations made to it shall take effect on their date of publication. You are responsible for being familiar with the current version of the T&Cs posted on our website and other platforms.

The use of this website may be monitored, tracked and recorded. Anyone using this website expressly consents to such monitoring, tracking and recording.

If you do not agree with these T&Cs or any portion thereof, please do not use any of the Services.

You shall be deemed to have agreed and accepted these T&Cs once you subscribe to or use any of our Services. If you do not agree with these T&Cs, please do not subscribe. Kindly note that you will not be able to access the Services if you decline the T&Cs.

IT IS HEREBY AGREED AS FOLLOWS:

1. Definitions

For these T&Cs and the preamble above, unless the context requires otherwise:

“Credentials” means your details used to subscribe to the Services, including but not limited to your username, email address and password.

“Customer Premises Equipment” or “(CPE)” means any equipment, device or hardware provided by Broadbased Communications or approved for use by a User, which is installed at the User’s location to enable access to and use of Broadbased Communications’ Services. This includes, without limitation, Optical Network Units (ONUs), routers, modems, switches, set-top boxes, or any associated power supply.

“GPS” means Global Positioning System.

“NCC” means Nigerian Communications Commission.

“Platform” means any digital interface, system, website, application, portal, or billing solution (including mobile or web-based technologies) made available by Broadbased Communications to provide its services.

“Privacy Policy” means the Broadbased Communications privacy policy that sets out the basis on which any personal data we collect from you or that you provide to us will be used by us.

“Service(s)” means voice, data, internet or any other telecommunications services provided by Broadbased Communications Limited.

“Service Provider” means Broadbased Communications Limited

“SMS” means Short Messaging Service.

“Subscription Plan” means the specific plan or bundle selected by the Customer.

“Subscription Rates” means the applicable fee or charge payable by the Customer for access to and continued use of our services, as specified in our pricing schedule, Platform or such other means as Broadbased Communications, in its sole discretion, determine. The Subscription Rate may be charged on a recurring basis (e.g, monthly, quarterly or annually) and may vary based on the selected service package, bandwidth allocation, or other service features.

“Third-Party Service Providers” means any entities that provide Broadbased Communications support for our Services, including, for example, website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis, identity verification, background and compliance reviews, fund administration, banking services, and other services for us, which may require them to access or use your Personal Information and Relevant Information.

“Broadbased Communications”, “we”, “our” or “us” means BROADBASED COMMUNICATIONS LIMITED.

“You” or “User” or “Customer” means the person who intends to subscribe to the Services and receive the Services.

2. Eligibility And Registration

2.1. To subscribe to our Services, you must:

Be at least 18 years old.
Provide valid identification and complete Know-Your-Customer (KYC) requirements as mandated by the NCC.
Agree to these Terms and Conditions.

2.2 The Services are owned and operated by Broadbased Communications. Broadbased Communications is a private limited liability company incorporated under the Laws of the Federal Republic of Nigeria.

2.2 Subject to you agreeing to abide by these T&Cs, we hereby grant you a revocable, non-transferable, non-exclusive licence to use the Services. Except as expressly stated in these T&Cs, the Platform and the Services are for your personal and non-commercial use. We reserve all other rights. The Platform, or any portion of the Platform, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without our express written consent.

2.3 Except as expressly stated in these T&Cs, we do not grant you any rights in or to our intellectual property or that of any other party in the Platform. The licence granted in this section is subject to your compliance with these T&Cs. If you breach any provision of these T&Cs, your rights under this section shall immediately terminate.

2.4 The works of authorship contained on our Platform, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Broadbased Communications or one of its affiliates.

3. Provision of the Services

3.1. Services are provided subject to network availability and coverage.

3.2. The Company shall use reasonable efforts to ensure continuous availability of the Services, but does not guarantee uninterrupted or error-free Service.

3.3. Services may be suspended or limited for maintenance, upgrades, regulatory requirements, or for reasons beyond our control.

4. Charges and Billing

4.1 To use the Services, you agree to pay all applicable fees, including subscription fees, usage charges, activation charges, reconnection fees, and applicable taxes..

4.2. Charges are subject to periodic review and adjustment in line with economic and regulatory conditions. Where required, we will notify you of such price adjustments through official email communication and our Platform.

4.3. Non-payment for renewal of subscription shall result in suspension or termination of the Services.

4.4. Upon registering, all subsequent payments shall be made through individual virtual accounts on the billing platform. We do not accept cash payments or direct bank transfers. Payments made outside the billing platform are at the User’s risk.

4.5. Subscription fees are non-refundable. Once a User subscribes, the Services shall run their course. However, a User may be compensated for downtimes exceeding the stipulated period as contained in our Compensation Policy. The validity of the subscription may be extended by compensation for downtime.

4.6 Broadbased Communications shall be entitled to set and charge rates in connection with your use of any of our Services and, from time to time, amend or vary its Subscription Rates for the Services. If Broadbased Communications decides to charge Subscription Rates or, where already applicable, vary or amend its Subscription Rates, the Subscription Rates payable on any new request for any of the Services shall be displayed on the Platform. Broadbased Communications shall use reasonable endeavours to notify you of any changes to the Subscription Rates within a reasonable period before such changes are implemented.

5. Use Of The Platform And Services

5.1 The materials and information posted on the Platform may be printed for your use, provided, however, that they may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Redissemination and re-distribution include, without limitation, making any such materials and information available via the Internet or any other electronic means of access.

5.2 The information on our Platform, including research, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

5.3 Broadbased Communications reserves the right to decline your request for any of the Services or to revoke the same at any stage at Broadbased Communications’ sole discretion and without providing any reason or giving any notice thereto.

5.4 You agree to and shall release from and indemnify Broadbased Communications against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Broadbased Communications having acted (or failing to act) in accordance with the whole or any part of any of your requests for a Service.

5.5 You are strictly prohibited from unauthorised use of our Platform, including but not limited to unauthorised entry into our systems, misuse of passwords, or misuse of any information posted to the Platform.

6. Restrictions On Use Of The Services

6.1 You shall not engage in any activities related to the Services that are contrary to applicable laws, regulations or the terms of any agreements you have with us.

6.2 In circumstances where use of the Platform or the Services requires identification for access, you shall establish commercially reasonable security procedures and controls to limit access to your password, PIN or other identifying information.

6.3 You shall not use the Platform or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service or any related operating system.

6.4 You shall not infringe on Broadbased Communications’ intellectual property rights or those of any third party in relation to your use of the Platform or any Service, including the submission of any material (to the extent that such use is not licensed by these T&Cs).

6.5 You shall not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or the Services.

6.6 You shall not use the Platform or the Services in a way that could damage, disable, overburden, impair or compromise Broadbased Communications’ systems or security or interfere with other users.

6.7 You shall not use any automatic device or manual process to access our Services or to monitor or copy our web pages, data or the content contained in this Platform or for any other unauthorised purpose without our prior expressed written permission.

7. Personal Information

7.1 In the course of providing the Services, we may process your personal information based on legitimate purposes in delivering, improving, and managing our operations, systems, and customer experience.

7.2 We collect and process personal information for the following purposes:

Account setup, verification and management;
Provision of the Services, billing and customer support;
Monitoring usage of the Platform for security and fraud prevention;
Internal reporting, audits and business analytics; and
Compliance with applicable laws and regulatory obligations.

7.3 The information that Broadbased Communications may verify against the information held includes your phone number, name, date of birth, email address, contact address and such other information that will enable Broadbased Communications to identify you (the “Personal Information”). You must provide complete and accurate information as part of the registration and service process.

7.4 You hereby agree and authorise Broadbased Communications to access and verify information on your device such as your contact list, your call history, and such other information as Broadbased Communications shall require for purposes of providing you with the Services (the “Relevant Information”). This information will be accessed only with your express consent to your device’s permission on the Platform. You may at any time allow or disallow access to information stored on your device by changing your device’s settings.

7.5 You further agree to indemnify and hold Broadbased Communications harmless concerning any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.

7.6 You hereby agree and authorise Broadbased Communications to send promotional information and materials from time to time, either by mail to your contact address, email, SMS, WhatsApp or Facebook. This authorisation shall survive during the term of the service and after termination of the service for any reason, until you opt out from receiving such information and materials.

7.7 Broadbased Communications may use third-party services in the delivery of the Services to you and to help understand the use of the Services (“Third-Party Service Providers”). You hereby agree and authorise Broadbased Communications to share your Personal Information and Relevant Information for the only purpose of better providing our Service to the relevant Third-party Service Provider. Third-party Service Provider includes other telecom operators. Broadbased Communications does not transmit or process your Personal Information outside Nigeria.

7.8 Broadbased Communications reserves the right to request further information from you pertaining to your use of the Platform and request for any of the Services at any time. Failure to provide such information within the time required by Broadbased Communications may result in Broadbased Communications declining to provide you with the relevant Services.

7.9 You can object to our processing of your Personal Information for legitimate purposes. Where such objection is received and no overriding lawful basis exists, we will cease such processing. To request this or for more information, contact our Data Protection Officer at info@broadbased.net

User’s Responsibilities

8.1 You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use the Platform and receive the Services (the “Devices”).

8.2 You shall be responsible for ensuring the proper performance of your Devices. Broadbased Communications shall neither be responsible for any errors or failures caused by any malfunction of your Devices nor shall Broadbased Communications be responsible for any computer virus or related problems that may be associated with the use of the Platform, the Services and your Devices.

8.3 You shall follow all instructions, procedures and terms contained in these T&Cs and any document provided by Broadbased Communications concerning the use of the Platform and the Services.

8.4 You are responsible for ensuring that all CPE, including the Optical Network Unit or any other similar device provided or used in connection with the Services, is connected to a stable power source. You shall at all times use a suitable Uninterruptible Power Supply (UPS) to power the ONU or related equipment.

8.5 You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Devices and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorised person. Broadbased Communications shall not be liable for any unauthorised disclosure of your Credentials to any third party, and you hereby agree to indemnify and hold Broadbased Communications harmless from any losses resulting from any unauthorised disclosure of your Credentials.

8.6 You shall take all reasonable precautions to detect any unauthorised use of the Platform and the Services. To that end, you shall ensure that all communications from Broadbased Communications are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the Platform will be detected. You shall immediately inform Broadbased Communications if:

you have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised;
you have reason to believe that unauthorised use of the Services has or may have occurred or could occur, and your account may have been compromised.

8.7 You shall at all times follow the security procedures notified to you by Broadbased Communications from time to time or such other procedures as may apply to the use of the Platform and the Services from time to time. In particular, you shall ensure that the Services are not used by anyone other than a person authorised to do so.

9. Variation And Termination

9.1 Broadbased Communications may at any time, upon notice to you, terminate or vary your use of the Platform and access to any of the Services.

9.2 Without prejudice to Broadbased Communications’s rights under clause 8.1 above, Broadbased Communications may, at its sole discretion, suspend your use of the Platform or any of the Services:

if you use the Platform or any of the Services for unauthorised purposes or where Broadbased Communications detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Platform and the Services;
if Broadbased Communications is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
if Broadbased Communications reasonably suspects or believes that you are in breach of these T&Cs, which you fail to remedy (if capable of being remedied) within 48 hours after the service of notice by email, SMS or other electronic means requiring you to do so;
where such a suspension is necessary as a consequence of technical problems or for reasons of safety; to facilitate an update or upgrade to the contents or functionality of the Services or the Platform from time to time;
if Broadbased Communications decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.

9.3 Termination shall not affect any accrued rights and liabilities of either party.

10. Potential Disruption Of Service

10.1 Access to the Platform or the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

downtimes caused by fibre cuts, vandalism or theft of fibre cables, road construction or civil works and agricultural activities.
hardware failure, including, among other things, failures of computers (including your computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
software failure, including, among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
overload of system capacities;
damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
interruption (whether partial or total) of power supply or other utility of service;
governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention;
failure of any international, public or private telecommunications system;
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

10.2 If access to the Platform or any of our Services is unavailable, delayed or limited, or if this Platform does not operate quickly and efficiently, you may be unable to transmit your instructions relating to any of the Services, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. While Broadbased Communications will aim to minimise service interruptions, Broadbased Communications shall not be liable for any such loss or damages incurred due to any interruption or disruption to the provision of the Services or your access to Platform.

11. Exclusion Of Liability

11.1 The Platform (including all information and materials contained on the Platform) is provided on an “as is” basis.

11.2 We may discontinue or make changes to the information, products or Services described on the Platform at any time without prior notice to you and without any liability to you. We do not undertake any obligation or responsibility to update or amend any information on the Platform. We reserve the right to terminate any or all products or services offered on the Platform without prior notice to you. Where there are changes to any of the Services which may affect you, we will notify you of such changes using the inbuilt messaging system on the Platform.

11.3 Broadbased Communications shall not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in the Platform, any incompatibility between the Platform and the User’s files and the User’s browser or other site accessing program, or any other problems experienced by the User due to causes beyond our control.

11.4 Broadbased Communications does not warrant the accuracy, adequacy, or completeness of the information and materials contained on the Platform and expressly disclaims liability for errors or omissions in such materials and information.

11.5 Broadbased Communications only provides the Services for individual use and small and medium business financing needs, and we shall not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your unauthorised use of the Services.

11.6 Broadbased Communications shall not be liable for any losses or damage suffered by you as a result of or in connection with:

any fraudulent or illegal use of the Services, the Platform and your Devices;
your failure to comply with these T&Cs and any document or information provided by Broadbased Communications concerning the use of the Platform and the Services.
- If for any reason other than a reason mentioned in clause 9.1, the Services are interfered with or unavailable, Broadbased Communications’s sole liability under these T&Cs shall be to re-establish the Services as soon as reasonably practicable.
Save as provided in clause 10.7 above, Broadbased Communications shall not be liable to you for any interference with or unavailability of the Platform or the Services, howsoever caused.
Under no circumstances shall Broadbased Communications be liable to you for any loss of profit, opportunity or anticipated money or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the use of, inability to use, or disruption to the Platform or any portion thereof; or the provision of the Services.

12. Communication

12.1 If you wish to contact Broadbased Communications in writing, or if any condition in these T&Cs requires you to give notice to Broadbased Communications, you can send this to us by e-mail to or to such e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by email.

12.2 If we have to contact you or give you notice in writing, we will do so by posting such notice on our Platform or by e-mail or SMS to the mobile phone number or e-mail address you provide to us when you register for the Services.

13. General

13.1 No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by these T&Cs or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other, right, power or remedy.

13.2 If any provision or part of a provision of these T&Cs shall be, or be found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these T&Cs, all of which shall remain in full force and effect.

13.3 You acknowledge that in accepting these T&Cs, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these T&Cs or our Privacy Policy.

13.4 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&Cs. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these T&Cs.

14. Dispute Resolution

14.1 Disputes

Broadbased Communications and the User shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in connection with these T&Cs or the use of the App.

Subject to the above, any dispute, difference or question whatsoever and howsoever arising out of or in connection with these T&Cs, save as specifically provided herein, shall be referred for final determination by Nigerian Courts.

15. Governing Law

These T&Cs shall be governed by and construed by the laws of the Federal Republic of Nigeria.

Broadbased Communications shall only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

By activating or using our Service, you acknowledge that you have read, understood, and agreed to these T&Cs.