Business customers have Service Level Agreements (SLAs) that may include or replace these General Terms and Conditions.
OPQ General Terms and Conditions
It is a requirement that all users of OPQ Net’s network or services accept and adhere to OPQ Net’s Terms and Conditions for Internet Access. OPQ Net may change this policy to include changes in the law or in the acceptable practice of Internet use and reserves the right to make such changes without notice and whenever required. All our users are responsible for ensuring that they have read and understood the current policy.
Compliance with these Terms and Conditions is a contractual requirement. If you fail to observe the terms of this policy your account or service may be liable to termination or suspension. In the event that an account is suspended, OPQ Net may be prepared, at its sole discretion, to restore the account on receipt of a written statement that the user will not commit any further abuse of the service. Any charges to re-instate service will be passed on.
Services are billed for in advance from the first day of each calendar month. Accounts that are overdue will result in loss of services. Reconnection and/or administration fees will be passed on to you, the customer. Pre-paid packages do not fall into this category.
OPQ Net’s scope of standard support covers the link connection up to and including the modem/router. We do not offer support for your connected equipment, PCs, laptops smart devices etc. We do not offer software or hardware support for your devices. Configuration settings for email accounts are offered on line (Email Settings). Free telephone support for our services is available during normal office hours.
Extended support and the details thereof are available upon request.
Fault reports can only be made via our on line Helpdesk or via our office telephone lines. You will be given a fault ticket number which must be used in reference to the reported fault. Reported faults are resolved on a first to last basis. We aim to resolve all reported faults within the time span of one working day.
Service Interruptions: OPQ Net agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall OPQ Net be held liable for any financial or other damages due to such service interruptions.
Use of networks and the Internet in general:
You must not use the service for the transmission of illegal material. The user agrees to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. The user agrees to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should either take independent legal advice or cease that usage.
You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. In addition to being a breach of these terms and conditions, such action may lead to criminal prosecution.
You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘SPAM’ ,’UBE’,’UCE’ ).
You must ensure that all connected devices are protected against viruses and mal-ware.
You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. OPQ Net may ask for evidence of such permission.
You may not divulge your network passwords to third parties and should take all reasonable steps to ensure that such information remains confidential.
You should not send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
You must not use OPQ Net mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.
If a customer account or service is suspended or blocked due to abuse, then service may be restored at OPQ Net’s sole discretion and generally will only be restored on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service.
Web usage includes the use of web space provided with client accounts, web hosting on OPQ Net servers and the use of web services and space on customer co-located servers.
You undertake sole responsibility for the content of web pages owned and or operated by you – whether on client pages, web hosted space or co-located servers – within the OPQ Net domain or other domains hosted within the OPQ Net network.
You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
You may terminate this contract at any time by giving three calendar months written notice. Notice must be verified as received by our staff. Emailed notice of termination is acceptable as long as receipt has been verified. Note that any security deposits due will only be returned once OPQ’s equipment has been collected.
No Liability for Subscriber Actions: you agree that OPQ Net is not responsible for any action taken by you while using your services. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by an unauthorized third-party user of your services). You agree to defend, release, indemnify, and hold harmless OPQ Net, its affiliated companies, and licensors from all liabilities, claims, and expenses, including attorney’s fees, arising from any use, authorized or unauthorized, of your services.
Limitation of Liability:
You agree that OPQ Net will not be held liable for any damages in excess of the amount that you paid to OPQ Net for services under this agreement.
Force Majeure: you agree that OPQ Net is not responsible for delays, damages or failures in performance due to causes beyond OPQ Net’s reasonable control, including but not limited to acts of a governmental body; acts of god; acts of third parties; fires; floods; strikes or other labour-related disputes; or an inability to obtain necessary equipment or services.
Abuse of OPQ Net services – Action by OPQ Net:
Please address all complaints about abuse of OPQ Net services to firstname.lastname@example.org
OPQ Net customers who engage in abuse of the network and/or the internet will be notified that their behaviour is unacceptable and may have their accounts suspended or terminated if such abuse continues. If a customer account or service is suspended or blocked due to abuse, then service may be restored at OPQ Net’s sole discretion and generally will only be restored on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service.
OPQ Net reserves the right to terminate service, with immediate effect and without further obligation or liability to Customers, as required by any law enforcement authority or by the Courts of Botswana.