OUR TERMS & CONDITIONS
Before you sign up on any platform developed by Akwaaba Solutions, you must carefully read and agree to the following terms and conditions:
These Terms of Service (“Terms”) govern your access to and use of our platforms or services on our platforms and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the services is conditioned on your acceptance of and compliance with these Terms.
By accessing, submitting your registration or using any of our services, you agree to be bound by these Terms. These terms may change from time to time without notice and you should consult the terms each time you use the site(s) in order to view the most current terms. Wherever the name Akwaaba Solutions is mentioned in relation to any terms in this entire document it also refers to any website or mobile application developed by Akwaaba Solutions. This document covers all our platforms (website, web app, android, iOS and PWA apps.
All references to the Terms mean the current version of the terms at the time of your use. You will be provided a link to any additional element of the terms; in each such situation and any such additional element shall apply to your use of such additional services.
These terms apply regardless of your status during use of Akwaaba Solutions. The terms and related documents detail how we treat any information, data, materials, media or other items that you provide to the site(s) (your “Content”). Please read this document carefully before adding your information/data to our site(s).
- Akwaaba Solutions respects the privacy rights of its users and we appeal to our users and content partners to act in the same manner. Unauthorized posting, copying, distribution, modification, public display or public performance of private information and copyrighted works on our platforms constitutes infringement of the privacy rights of users and copyright owner’s rights of Akwaaba Solutions.
- As a condition of your use of Akwaaba Solutions , you agree not to use any of our sites to infringe on the privacy rights of others in any way. We will close your account of if you infringe on our regulations, privacy and copyrights of our sites. We have the right to take actions against any user who fails to comply with this caution any time, in our sole discretion, with or without notice, and without any liability to the user whose account is terminated.
- You agree that you are submitting your personal or organization’s information on Akwaaba Solutions’ platform under no duress and that you warrant that none of your information contains any confidential information, and that all of your information is non-confidential and publicly available. We may be required to inspect your personal information on the site(s) to confirm compliance with the terms and regulations, which will not constitute monitoring of your information.
- You warrant that your information/content is true and accurate.
- If you sign up on any of Akwaaba Solutions’ platform you agree to pay a subscription fee where applicable for the use and maintenance of the platform and that failure to pay such applicable fee your account shall be terminated. All subscription fees where applicable are subject to review.
- You warrant that your information/content complies with applicable laws in your country.
We reserve the right to withdraw or suspend access to our platforms without notice. We reserve the right to amend the services on the site and/or change the site without notice. We will try to keep our services reliable, but we will not be responsible or liable if access to our site is not available at any time. Anything on our site may be incorrect or not updated. We are not obliged to update the site.
Any of your information/content on the site is submitted in accordance with the terms as part of your use of the site. You agree that all of your information/content will comply with the terms and conditions. The site does not replace professional advice in any way.
Akwaaba Solutions users may share links to third-party websites or resources. You acknowledge and agree that our sites are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites do not imply any endorsement by Akwaaba Solutions of such resources or the content, products, or services available on such websites. You accept sole responsibility for and assume all risks for using any such websites.
If you choose to use the site on a mobile network, you will be charged your mobile operator’s fees for all mobile services, such as text messaging and data transfer. You agree that you are providing us with all rights necessary to contact third parties if you provide any contact information for that third party and you wish us to contact that third party concerning the site(s) or services available on our site(s).
- You will not place any unauthorized commercial Content on the site(s) without contacting our client Service for approval.
- You will not upload viruses, malicious code or attempt to attack or degrade the site(s) in any way.
- You will not use the site to do anything unlawful, defamatory, obscene, misleading, malicious or discriminatory.
- You will not access the site, solicit data or otherwise collect other users’ information in any automated fashion, including bots, spiders or scrapers.
- You will not encourage or help anyone else to do anything not permitted on the site(s).
- Your information/content will not contain any sexually explicit or pornographic material. We do not review your information/content or any other content posted to the site, but may in the case of a violation of these terms take any action, including removing any of your information/content from the site when we become aware of it being in violation of our terms.
- We protect the data of our users; however we do not give or pull out user(s) data in any form or format for the user/client in the event that the user/client decides to close/stop using their Akwaaba Solutions.
THE INFORMATION WE COLLECT
Akwaaba Solutions collects a variety of information that you provide directly to us. We process your information when necessary to provide you with the services that you have requested when you accepting our Terms of Service, or where we have obtained your prior consent, or where we have a legitimate interest to do so. For example, we may have a legitimate interest to process your information for security, testing, maintenance, and enhancement processes of the services we provide to you, or for analytics, research, and reporting purposes. Without your information, we cannot provide you with the Services you have requested or you may be limited in your use of the Services.
INFORMATION FROM AND ABOUT YOU
The types of information we collect will depend on the Services you use, how you use them, and what you choose to provide. The type of data we collect directly from you may include: Name, address, telephone number and email address, optional information, such as a photograph, that you elect to associate with your account- Login credentials, if you create an account with Akwaaba Solutions – With your permission, calendar information stored on your account- Any email requests or questions you submit to us- Demographic information such as your gender- User-generated content you post on our platforms.
Every information/content on our site(s) is without any guarantees, warranties or conditions as to its accuracy, unless it is associated with the service that provides specific terms and conditions which will be provided for you. We cannot be held liable for: all conditions, warranties and other terms which otherwise might be implied by statute, common law as well as any liability for direct, indirect or consequential loss incurred by the user in relation to the use of our site(s) or in connection with the use, inability to use the site(s), ability to access ones’ information/ content, inability to access ones’ content, accuracy of information/content on our site(s) or any websites linked to it. You are responsible for any service(s) you contract with another person other than us. You are responsible for any loss or damage of any kind, however it may arise and whether caused by negligence, breach of contract or otherwise. You must at all times seek professional advice before using any services on the site(s).
You will not sell anything, copy or modify anything on our site(s) without our permission. If any provision of the terms is found to be invalid the terms shall remain in full force and effect. You agree that these terms and any documents referred to in the terms are the entire agreement between you and us.
By signing up on Akwaaba Solutions and providing any attachment of your personal data, you are certifying that:
- You have provided true, complete, accurate information in your registration.
- You are eligible to sign up on the Akwaaba Solutions
- By submitting your registration or your personal data, you confirm that you will comply with the terms and conditions of the Akwaaba Solutions .
Click Communications Limited providers of CCL PLATFORM are fully aware of your legitimate concerns about privacy and is highly committed to protecting and maintaining the integrity, confidentiality, security, and accuracy of your Personal Information in accordance with applicable privacy legislation and best industry practices. CCL is registered and certified by the Data Protection Commission of Ghana.
- Because privacy concerns, legal and business requirements evolve continually, CCL PLATFORM may from time to time change its Policy without giving you notice ahead of time and as such you are advised to check with our policy regularly.
- By using the CCL PLATFORM site and providing us with your Personal Information, you agree that CCL can use your information in accordance with privacy laws and our Policy. In respect of this Policy, “Personal Information” refers to any information about identifiable individual information recorded on CCL PLATFORM site.
Our Policy hinges on these guiding principles:
- Akwaaba Solutions collects Personal and Organizational Information only in relation to its operating services in order to help identify the user:
- Personal Information such as your name, telephone number, personal address, date of birth, gender, citizenship, identification information, password etc helps us to identify the user and to tailor the right services that will be beneficial to the user.
- Users’ Personal Information helps us to communicate with the user and respond adequately and promptly to their enquiries about applications, accounts, and online services among others.
- When you indicate your consent to subscribe to Akwaaba Solutions services, we may, from time to time, use your email and phone number to send you information concerning Akwaaba programs and services.
- Your Consent can be expressed in writing or electronically; and can be implied through your action or inaction. In some circumstances, Akwaaba Solutions may gather, use or disclose your Personal Information without your Consent for legal or security reasons, or when it is impossible to obtain your Consent in cases contemplated by applicable privacy legislation which may include compliance with applicable laws or court orders, the protection of the public interest, Akwaaba Solutions’ rights, fraud detection and prevention among others.
- You can withdraw your Consent at any time, provided Akwaaba Solutions is given reasonable notice and there are no legal or contractual requirements preventing this.
- Akwaaba Solutions will NOT, without your express Consent, collect, use, or disclose Personal Information except for the purposes identified or for use consistent with applicable law. With your Consent, Akwaaba Solutions may obtain Personal Information from third parties.
- Akwaaba Solutions may make available Personal Information to third parties who provide services on our behalf. For example, we may use service providers to process Personal Information, authorize and process payments, Send SMS/email or host our website. Personal Information may be stored and processed outside Ghana, by our third-party service providers. Our service providers are not authorized to use or disclose your Personal Information for any purpose other than providing the services on our behalf or as otherwise required by applicable law.
- Akwaaba Solutions is responsible to legal and business requirements in dealing with document retention, including electronic documents such as emails, phone numbers etc. Akwaaba Solutions will preserve the Personal Information for such periods of time as required by applicable laws and regulations and as deemed necessary for the purposes. In keeping with legal requirements and guidelines, Akwaaba Solutions will dispose of Personal Information after such period of time.
- In accordance to legal requirements, Akwaaba Solutions will respect users’ right of access to their Personal Information by informing them of the procedures and requirements for responding to their request for access. Akwaaba Solutions will give you access to update your personal information at no cost.
- Akwaaba Solutions will respond to privacy concerns and investigate diligently any complaints with respect to your Personal Information.
- Akwaaba Solutions obligations and your rights concerning privacy are governed by applicable privacy legislation. Akwaaba Solutions Limited is registered with the Data Protection Commission of Ghana and therefore application and interpretation of this Policy and of our guiding privacy principles are subject to and will comply with such legislation.
Persistent cookies are written or stored on your hard drive until the expiry date. Akwaaba Solutions’ persistent cookies are used to retain information that you provided so that our website can be personalized accordingly. The cookies used by Akwaaba Solutions are designed so they do not reveal any Personal Information.
Akwaaba uses software to monitor traffic to our sites and to identify unauthorized attempts to change information, upload or cause damage.
The software receives and records the Internet Protocol (IP) addresses of all computers that visit the site, including date and time of visits, pages viewed and downloaded aimed at identifying if it is a registered user accessing restricted areas on the site.
The software captures information such as the type of browser and operating system used. Akwaaba does not in any way attempt to link the IP addresses and the identifiers with the users visiting this site unless there is an attempt to damage the site.
We use SSL (Secure Sockets Layer) to keep your internet connection and any sensitive data you are sending or entering on our sites are secured; preventing criminals from reading and modifying any information being transferred, including potential personal information.
We are ready to answer all your questions or respond to concerns regarding this Policy. For any additional information about the management of your Personal Information with Akwaaba Solutions, contact us by email or phone.
You can file a privacy complaint concerning the collection, use, disclosure, retention, and disposal of or access to Personal Information.
Please contact email@example.com or call +233 (0)206007255.
SERVICE CONTRACT AGREEMENT
This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), is effective as of the date the user signed up on any platform developed by Akwaaba Solutions. This agreement is made and entered into by and between the user/organization (hereinafter the “Client”), and Akwaaba Solutions , a registered Ghanaian IT company certified by the Data Protection Commission of Ghana, with office location at Tema- Afariwa behind Senes Pharmacy off the Michel Camp Road (hereinafter the “Service Provider”).
Whereas, Service Provider and Client desire to enter into a relationship in which Client has signed up for Service Provider’s Software Application.
Wherever term Software is mentioned in this entire document, it also refers to any website or software applications developed by Akwaaba Solutions. Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows:
For purposes of this Agreement, the following terms shall have the following meanings:
- “Services” means any and all services specified in the Statement of Deliverables (as defined below).
- “Deliverables” means any tangible property, including software media, delivered to Client under this Service Contract, as specified in the Statement of Deliverables.
- “Client” means any user or organization that signs up for any of the software/web or mobile applications developed by Akwaaba Solutions.
- STATEMENT OF WORK
Service Provider shall perform and deliver the service as set forth in the Statement of Deliverables issued against and subject to the terms and conditions of this Agreement.
The work which Service Provider shall perform shall be specified in the Deliverables which will be written under the terms and conditions of this Agreement. The Statement of Deliverables shall specify: (i) description of Services and Deliverables, (ii) schedule for Deliverables, and (iii) Price and Payment Schedule.
The term of this Agreement shall commence on the date the client signed up on Akwaaba Solutions, and shall continue thereafter until terminated in writing by one of the parties, or as provided in Section 11 below.
- TERMS OF PAYMENT
PRICE: Service will be performed on an annual subscription basis as indicated in the applicable Statement of Deliverables. Any additional or unscheduled Services or Deliverables to be provided by Service Provider outside of the Statement of Deliverables must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement.
TAXES: The Service Price does not include taxes and Client is responsible for all taxes (except taxes on Service Provider’s income) tariffs, and any similar charges imposed upon or related to the Services or Deliverables or their delivery or use.
PAYMENT SCHEDULE: Client will receive invoices based upon the billing/payment schedule contained in the applicable Statement of Work. Invoices will contain a description of the Services or Deliverables provided. Invoices are due and payable within seven days of Service Provider’s invoice date. Interest may be charged on all amounts unpaid after 30 days. If any invoice is not paid when due, Service Provider may suspend provision of Services and/or Deliverables without liability or penalty until final resolution of the matter.
It is agreed that the Software which client has signed up for shall remain the sole and exclusive property of Service Provider and the data stored on the District Database Management System shall remain the sole and exclusive property of Client.
Service Provider grants Client access to use the software subject to the following:
- Client may use Service Provider’s Software solely for the purpose for which it was developed for.
- Client cannot transfer or sell the software account created for Client by Service Provider’s without the prior written consent of Service Provider.
- This license gives no title or ownership rights of the Service Provider’s software application or related intellectual property to Client.
- Service Provider agrees to create the software account for Client’s membership data management.
- Service Provider agrees to protect the security and privacy of Client’s data on the Software, and shall be liable for any breach of Data Security and Privacy on Service Provider’s side.
- Client agrees to pay for one-time setup fee for client’s software account as may be charged by Service Provider.
- Client agrees to renew Client’s Software account either monthly, quarterly, semi-annually or annually.
- Client agrees to pay the subscription fee as may be charged by Service Provider.
- Both Service Provider and Client agree that the agreed subscription fee may be subject to marginal price increment annually, as may be set by Service Provider.
The Deliverables, if any, shall be deemed accepted by Client upon completion of the following acceptance test:
- Immediately upon creating the software account, Client shall promptly perform testing to confirm that the software performs efficiently as claimed by Service Provider.
- Client shall provide Service Provider with written acceptance of the Deliverables. Unless otherwise agreed to in writing by the parties, Service Provider will redeliver corrected Deliverables to Customer within a reasonable amount of time after receipt of such statement of nonconformities.
- WARRANTIES AND REMEDIES
- Service Provider warrants the functionality of the Software for a period of 30 days after the Software account has been created.
- Service Provider further warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party.
- Service Provider expressly does not warrant that the operation of Deliverables which are software shall be uninterrupted or error-free; or that Deliverables will operate on any system, or with any software, other than the system with which the Service Provider tested such Deliverables.
- Service Provider does not warrant any third-party software development tools.
- Service Provider specifically does not warrant the accuracy of any technical or subject matter content of the software that is based upon information or direction provided by Client.
- LIMITATION OF LIABILITY
In no event will either party be liable for SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, including but not limited to loss of profits, revenues, data or power, damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of Services or use of Deliverables.
Client agrees to indemnify and hold Service Provider harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Client’s use of the Deliverables.
- FORCE MAJEURE
Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.
- Termination of Agreement: Client reserves the right to terminate this agreement in whole or in part, upon 30 days written notice to Service Provider. Service Provider shall not undertake further work, incur additional expenses, or enter into further commitments with regard to the deliverables after receiving such notice of termination from Client, except as mutually agreed upon by the parties.
- In the event of termination of this agreement midway when some deliverables have been done by Service Provider, Client shall be entitled to compensate as follows:
- All payments due and owing under this Agreement at the time of Service Provider’s receipt of the written notice of termination for work completed and in progress;
- Failure by either party to comply in any material respect with any of its obligations in this Agreement shall entitle the other party to give notice to the party in default requiring it to cure such default.
- If such default is not cured within 14 days after receipt of such notice, the notifying party shall be entitled to terminate this Agreement by giving notice of such termination to take effect immediately, where applicable.
- The right of either party to terminate this Service Contract, as herein provided, shall not be affected in any way by its waiver of, or failure to take action with respect to, any previous default.
- ACCOUNT SUSPENSION
Client’s account may be suspended or deactivated when client account expires or client is found to have violated any of our terms and conditions. Where client account is deactivated when subscription has expired, client is required to renew account to activate account. Delays in renewing account will attract data storage fee which shall be charged against the subscription fee anytime client decides to renew the account.
Service Provider and Client will mutually agree to renew Client’s account on credit while Client continues to make all scheduled payments.
Service Provider and Client acknowledge that during the course of their engagement, information of a confidential nature may be disclosed between the parties. Such information, excluding the Deliverables and any other information incident to the Deliverables that a party could reasonably be expected to be provided to the other party as contemplated hereunder, shall be considered confidential information (“Confidential Information”).
Neither party has the right to disclose the Confidential Information of the other, in whole or in part, to any third party, and neither party will make use of the Confidential Information of the other for its own or a third party’s benefit or in any way use such Confidential Information other than for the purposes of performance of this Agreement without the prior written consent of the disclosing party.
Each party agrees to take all steps reasonable to protect the other’s Confidential Information from unauthorized use and/or disclosure. The parties agree not to copy in whole or in part, any Confidential Information nor modify the same in any way without prior written consent from the other party.
Neither party will be liable to the other for the disclosure of Confidential Information if, as shown by clear and convincing evidence, the Confidential Information:
- Is generally known to the public at the time of disclosure by the disclosing party; or
- Becomes generally known to the public through no fault of the receiving party; or
- Was lawfully in the possession of the receiving party prior to signing this Agreement; or
- Is subject to applicable laws of Ghana or a valid court order requiring disclosure of such Confidential Information.
In any judicial proceeding, it will be presumed that the Confidential Information in question constitutes protectable trade secrets of the disclosing party, and the receiving party shall bear the burden of proving that the Confidential Information was publicly or rightfully known or disclosed.
The Client agrees to neither directly or indirectly develop platforms/applications that are identical or similar to those of the Service Provider for third parties on behalf of Client or, in the capacity as owner, manager, shareholder, advisor, director, official, partner, employee, etc. of any other business entities while the Client is using Service Provider’s platforms for ten years after the termination of this contract agreement between both Parties. If the Client violates any terms of this agreement, the content of the article shall continue to be effective for ten years after the date on which the Client breached the article.
- RESPONSIBILITIES UPON DEFAULT
Both Parties agree that any defaulting activities on the part of Client will cause material or irrevocable damage to the Service Provider. Therefore, the Service Provider has the right to take all legal measures to reduce the losses to the Service Provider brought about by the Client’s violation of this agreement. Client shall pay for all economic losses suffered by the Service Provider and take all legal responsibilities.
Service Provider may use Client’s name or mark and identify Client as a customer of Service Provider, on Service Provider’s website and/or marketing materials. Service Provider may issue a press release, containing Client’s name, related to any award under this Agreement. Neither party will use the other party’s name nor marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.
Service Provider may, at its option, subcontract work under this agreement but Service Provider’s use of subcontractors shall not affect its responsibilities under the applicable deliverables. Moreover, Service Provider shall be fully responsible for work done by its subcontractors within the scope of the applicable deliverables as it is for work done by its own employees.
Service Provider shall have written agreement(s) with its subcontractors that contain, at a minimum, clauses that are the same as or comparable to the sections of this Agreement regarding ownership rights and confidentiality of Client’s information.
This Service Contract shall be deemed to have been made, executed and delivered in Ghana and shall be construed in accordance with the laws of Ghana.
- NOTICES: Notices to be given by either party under this Agreement shall be sent by certified mail, express overnight delivery, or telecopy to the attention of the other party at the addresses of the parties as first set forth above.
- SEVERABILITY AND ASSIGNMENT: The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. This Agreement may not be assigned by Client without Service Provider’s consent.
- ENTIRE AGREEMENT: This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Service Provider and Client and supersedes all prior and contemporary agreements, oral or written.
- COUNTERPARTS: The Parties hereto agree that facsimile signatures shall be as effective as if originals. This Agreement may be executed via facsimile in any number of counterparts, all of which taken together shall constitute one and the same agreement.