Partner Terms Of Service (TOS)
The Partner hereby agrees to offer a loan to NetSpot Ghana as its s partner and NetSpot Ghana accepts the loan and as and when it is offered upon the terms and conditions set forth in this agreement.
In consideration of the material advantages accruing to the Parties and the mutual covenants contained herein, and intending to be legally and ethically bound hereby, the Partner and NetSpot Ghana agree as follows
- NetSpot Ghana Obligation.
The NetSpot Ghana after a maximum of 60 days upon receipt of the Partners partnership loan contribution shall go-ahead to use the borrowed funds to ONLY lease, install, maintain and manage one of the Greenhills Agricon Limited’s Coin Operated Wi-Fi Vending Machine (Hereinafter referred to as “COWVEM”) in a well-researched vantage point in any part of the country that the NetSpot Ghana deems fit, then pay the Partner back in installment according to a schedule as set forth in this agreement
The partnership shall be conducted under the name of NetSpot Ghana and shall maintain offices at No. 27 Atta Poku Street, TUC in the Greater Kumasi Region, Ghana.
- Lending Partner Accounts
A Partner must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, the Partner warrants and represent that the Partner is at least 18 years of age. If a Partner creates an account on the Website, the Partner is responsible for maintaining the security of the Partner’s account and the Partner is fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before Partner may sign in and start using the Services. Providing false contact information of any kind may result in the termination of Partner’s account. A Partner must immediately notify NetSpot Ghana of any unauthorized uses of Partner’s account or any other breaches of security. NetSpot Ghana will not be liable for any acts or omissions by a Partner, including any damages of any kind incurred as a result of such acts or omissions. NetSpot Ghana may suspend, disable, or delete a Partner’s account (or any part thereof) if we determine that the Partner has violated any provision of this Agreement or that the Partner’s conduct or content would tend to damage our reputation and goodwill. If NetSpot Ghana deletes a Partner’s account for the foregoing reasons, the Partner may not re-register for our Services. NetSpot Ghana may block the Partner’s email address and Internet protocol address to prevent further registration.
- Access and Control
- The Partner agrees to ONLY access the digital partnership account portal on https://www.netspotwifi.com/joint-partnership/portal/ by which the Partner shall set a username and password as the account access credentials.
- The Partner shall have full responsibility for protecting their account access credential against third party access. NetSpot Ghana shall not be held liable for loss of account access credentials and possibly third party access.
- Payment Gateways
- NetSpot Ghana shall provide on the digital platform, a selection of payment gateways by which the Partner shall use to make payments to NetSpot Ghana.
- The Partner agrees to ONLY use the listed payment gateways which shall be updated from time to time, to make any account payments to NetSpot Ghana.
- NetSpot Ghana shall not be held liable for any loss of money should the Partner fail to use the mentioned payment gateways.
- Managed Accounts
- The Partner hereby gives express permission for access and control at the Partners request of the Partners account to NetSpot Ghana if the Partner is unable to use the digital account portal.
- NetSpot Ghana shall only access the Partner account upon express written request by the Partner and agrees to perform these requested transactions in goodwill, to the benefit of the Partner, and shall not cause the partner any loss of money.
- Dormant Accounts
- An account may be deemed dormant if no transaction, in the form of referrals has been performed on the account after a period of six (6) months.
- Dormant accounts shall be deactivated and may only be re-activated within 24hrs when a referral transaction is performed on the account.
- Account Expiry
All accounts under the NetSpot Ghana loan partnership shall have a validity of 12 calendar months from the date of registration and shall be deactivated after this period.
- Account Continuity
From the date of signing of this agreement till the 31st day of December 2021, NetSpot Ghana shall offer a promotional one-month continuity period in the partnership for every new partner the existing Partner is able to refer.
- Partnership Loan Packages
- Package Amounts
The Partner agrees to lend NetSpot Ghana, a loan amount according to one of the below package loan amounts and be assigned the corresponding name of the loan package.
|Loan Amount||Loan Package Name|
|Ghs 375.00||Starter Package|
|Ghs 750.00||Mega Package|
|Ghs 1500.00||Giga Package|
|Ghs 4500.00||Tera Package|
|Ghs 7500.00||Peta Package|
- Payment of the stated loan amounts shall be the only basis upon which the Partner shall be paid monthly loan installment repayments as well as referral bonuses.
- Monthly Principal and Interest Repayment
- NetSpot Ghana agrees to pay the Partner a monthly loan principal repayment installment detailed in the below repayment scheme for a period of six months which shall cover the total principal amount borrowed from the Partner.
- NetSpot also agrees to continue to pay the Partner a monthly interest of 16.67% at the end of each 30-day cycle after the initial principal repayment period for an extended period of six months provided the Partner is able to refer at least one other Partner irrespective of their contributing loan package to NetSpot Ghana.
- The Partner hereby agrees that NetSpot Ghana will not be liable to pay any interest as stated above to the Partner should the Partner fail to refer a new Partner to successfully offer any of the loan packages as stated in article 4. to NetSpot Ghana
Loan Repayment Scheme
|Post 6-Month Monthly Interest Rate (%)|
- Referral & Rewards Program
The NetSpot Ghana may, from time to time run referral and rewards programs. The dates, periods, and details of these programs shall be communicated in a format and certified document (Compensation Plan) and shall be sent first to the Partner via electronic mail within 7 working days after signing or consenting to this partnership agreement. The NetSpot Ghana shall also notify the Partner by electronic mail, whenever the NetSpot Ghana makes updates to the document covering referrals and rewards.
- Referral Bonus
Referral bonus is paid into the Partners referral bonus wallet on the digital partnership portal anytime the Partner uses their referral link to refer a new partner into the partnership program.
The tables below shall form a criterion on which NetSpot Ghana shall pay a referral bonus to the Partner based on the package the Partner selected at the time of registration.
- Starter Package Referral Bonuses
|Referring Loan Package||Referral Bonus Due Partner|
- Mega Package Referral Bonuses
|Referring Loan Package||Referral Bonus Due Partner|
- Giga Package Referral Bonuses
|Referring Loan Package||Referral Bonus Due Partner|
- Tera Package Referral Bonuses
|Referring Loan Package||Referral Bonus Due Partner|
- Peta Package Referral Bonuses
|Referring Loan Package||Referral Bonus Due Partner|
- Other Bonuses, Points, and Rewards
- The two parties agree that all other bonuses apart from referral bonus shall be offered by NetSpot Ghana on a promotional basis and may change from time to time or when NetSpot Ghana deems it fit to maintain, change, or cancel them and shall not be held liable in any way by the Partner
- NetSpot Ghana shall, however, give a 7-day prior notice to the Partner if NetSpot Ghana wishes to create new, change or cancel its promotional bonuses, accumulated points, and rewards programs.
- NetSpot Ghana shall also, within 48 hours of creating new, changing, or canceling its promotional bonuses, accumulated points, and rewards programs include such details in NetSpot Ghana’s compensation plan document and send to the Partner via electronic mail.
- Custodian of Partner Funds
- The Partner hereby gives NetSpot Ghana the express right to be a custodian of all funds being repaid by NetSpot Ghana from the loan partnership program until a payment request is made by the Partner on the partnership digital portal and NetSpot Ghana, shall honor such request in a minimum period of one working day to a maximum period of 7 working days.
- If requested payment is not received by the Partner by end of the stated period, the Partner may contact NetSpot Ghana through listed official communication portals.
- NetSpot Ghana shall set specific days on which all payments shall be made and shall communicate these days to the Partner including any changes made thereof to the Partner via Partner’s listed contacts which includes phone call, SMS, and electronic mail services.
- Statutory Income Tax
- The Partner shall have the sole responsibility of paying any statutory income taxes on earned interest income on loans offered to NetSpot Ghana in the partnership to the appropriate governmental body(s) under the laws covering such taxes.
- Term of Service/Termination.
The term of this Agreement shall be for a period of 12 calendar months unless the partners mutually agree in writing to a shorter period and shall be renewable.
- Cancellation & Discontinuation of Service
The Partner warrants it will use the Digital Portal in good faith, in accordance with the
terms of this Agreement and in accordance with all Applicable Law and Payment Scheme
Rules. In particular, the Partner will not use the Services in a manner that that could
result in a violation of anti-money laundering, counter-terrorist financing and similar legal
and regulatory obligations.
The Partner warrants that the Partner has not been subject to the following:
- Criminal conviction (except minor traffic offenses and other petty offenses) in The Republic of Ghana or in any other foreign country;
- Federal or state tax lien, or any foreign tax lien;
- Administrative or enforcement proceedings commenced by the Securities and Exchange Commission, any Regulatory Authority, in The Republic of Ghana, or in any other country; or
- A restraining order, decree, injunction, or judgment in any proceeding or lawsuit, alleging fraud or deceptive practice on the part of the Partner
- The Parties warrant that in the case of any third-party software used in respect of this Agreement, that they have the required licence and the right to grant a sub-licence to use such third-party software.
- Each Party warrants to the other that this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with the terms and obligations therein and no provision of this Agreement is in conflict with any of the Party’s obligations under its constitutional documents, Applicable Law or any other document, charter or agreement to which the Party is subject,
13. Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), NetSpot Ghana is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. NetSpot Ghana is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. NetSpot Ghana does not assume any responsibility or liability for the actions, products, services, and content of any other third parties. Partners should carefully review the legal statements and other conditions of use of any resource which the Partner access through a link on the Website and Services. The Partner’s linking to any other off-site resources is at the Partner’s own risk.
Either Party shall indemnify and hold the other Party, its Affiliates, employees and agents harmless from and against any damage, loss, expense, claims or liability that Party may incur:
- With respect to any negligent act or omission by, or willful misconduct of, the Party’s
employees or agents to the extent however that such negligent act can be situated in the
the normal course of employment or appointment;
- The violation of any applicable law, statute, or regulation by the Parties or their personnel;
- In connection with any third-party claims, actions, demands, and/or losses to the extent that such losses result from any breach of this Agreement by such indemnifying Party.
The Partner shall indemnify and hold NetSpot Ghana harmless from and against any
damage, loss, or liability that NetSpot Ghana may incur as a result of:
- Partner wilfully or carelessly exposing the process/product/service to the general public during the process of carrying out tests in the controlled Live environment
- Negligent or willful misconduct of the Partner and/or its employees, affiliates, employees, and agents.
- Limitation of Liability
- The liability of NetSpot Ghana to the Partner, whether in contract, negligence, and another tort, by way of indemnity or otherwise arising out of or in connection with this Agreement shall be subject to the financial limits set out below:
- In no event shall NetSpot Ghana be liable to the Partner in excess of any amount that has accrued to NetSpot Ghana from transactions emanating by virtue of this Agreement, in the month immediately preceding the date the first such claim arises.
- No liability shall be raised against NetSpot Ghana more than two (2) years after the accrual of the cause of such liability, therefore. It is further agreed that the limitations on liability, expressed herein, shall inure to the benefit of and apply to all parents (both direct and indirect), subsidiaries, and Affiliates of NetSpot Ghana.
- NetSpot Ghana will not be liable for the actions or inactions of any third party not acting on the instructions of NetSpot Ghana; neither will NetSpot Ghana be liable for the actions or inactions not directly traceable to it.
This Partnership Agreement shall be governed by the laws of the Republic of Ghana. Any disputes arising between the partners as a result of this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
- In order to implement this Agreement, Both Parties may receive and have access to certain information belonging to the other Party which the other Party may designate as Confidential Information, provided, the Parties recognize that they will not have access to, or share, non-public personal information regarding consumers under this Agreement.
- Both Parties agree that all Confidential Information is and shall remain the property of the Party providing the information and the Party receiving or gaining access to the information shall use all reasonable and prudent means to safeguard such Confidential Information, including all means required by law. Furthermore, neither Party shall copy, publish, disclose to others, or use such Confidential Information for any purpose other than the fulfillment of its obligations under this Agreement or where required by law.
- Each of the Parties on behalf of itself and its employees, officers, directors, affiliates, and agents, hereby agrees that Confidential Information made available to it will not be disclosed or made available to any third party, agent or employee for any reason whatsoever, other than with respect to:
- its employees on a “need to know” basis,
- Affiliates on a “need to know” basis, provided that they are subject to a confidentiality agreement which shall be no less restrictive than the provisions of this Section and as required by Applicable Law or as otherwise permitted by this Agreement, either during the term of this
- Agreement or after the termination of this Agreement provided that prior to any disclosure of any party’s Confidential Information as required by law, the party subject to the requirement shall
- notify the other parties of all, if any, actual or threatened legal compulsion of disclosure, and any actual legal obligation of disclosure immediately upon becoming so obligated and
- cooperate with the other parties’ reasonable, lawful efforts to resist, limit, or delay disclosure.
- Upon termination of this Agreement, or at any time upon the request of the other party, each party shall return all Confidential Information in the possession of such Party or in the possession of a third party (over which such party has or may exercise control) or certify destruction of same.
- In the event of any breach of the obligations under this Section 16, each Party acknowledges in addition to such other remedies as may be available to the other Party, the other Party may obtain injunctive relief.
- This Section shall survive any termination or expiration of this Agreement.
- Force Majeure
If any of the Parties hereto is prevented from fulfilling its obligations under this
Agreement by reason of any supervening event beyond its control (including but not
limited to an Act of God, Natural Disaster, or Civil Disorder) the Party unable to fulfill its obligations shall immediately give notice in writing of this to the other Party and shall do everything in its power, including but not limited to accepting assistance from third parties.
Nothing set forth in this Agreement shall constitute a transfer or assignment by one Party to another Party of any Assets or Property Rights owned or otherwise controlled by such Party, and each Party hereby retains all of its rights, title, and interest in such Assets or Property Rights.
- No Assignment
The rights benefits or obligations under this Agreement may not be assigned or
otherwise transferred in whole or in part without the prior written consent of all the Parties but shall be binding upon and inure to the benefit of each of the Parties and, where so permitted, their assigns or other transferees.
NetSpot Ghana may subcontract or delegate the performance of its obligations under this Agreement to third parties including any of its Affiliates; however, the Partner shall remain responsible for the performance of its duties under this Agreement.
This Agreement may not be modified except by an instrument in writing signed by duly authorized representatives of each of the Parties.
The respective rights of the Parties (whether arising under this Agreement or under the applicable law) shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing, and in particular, any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right; any defective or partial exercise of any of such right shall not preclude any other or further exercise of that or any other such right; and no act or course of conduct or negotiation on the part of either Party shall preclude them from exercising any such right or constitute a suspension or variation of such right.
In the event that any provision of this Agreement is declared by any applicable law,
judicial or other competent authority to be void, voidable, illegal, or otherwise
unenforceable or irrelevant It shall to the extent required by such law or authority, be
severed from this Agreement and rendered ineffective so far as is possible without
modifying the remaining provisions of this Agreement.
- Governing Law
This Agreement shall be governed by the Laws of the Republic of Ghana.
- Non-Compete Agreement.
A partner who retires or withdraws from the partnership shall not directly or indirectly engage in a business which is or which would be competitive with the existing or then anticipated business of the partnership for a period of 5 years.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the day and year set forth hereinabove and the terms and conditions set forth in this agreement shall be binding hereafter.
Acceptance of these terms
The Partner acknowledges that the Partner has read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, the Partner agrees to be bound by this Agreement. If the Partner does not agree to abide by the terms of this Agreement, Partner is not authorized to access or use the Website and Services.
If a Partner would like to contact NetSpot Ghana to understand more about this Agreement or wish to contact NetSpot Ghana concerning any matter relating to it, the Partner may write a letter to No. 27 Atta Poku Street, TUC, Kumasi – Ghana
This document was last updated on October 12, 2020