This Service Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the HaeDanPa Suite and services ("Service Offerings", "Service") and is an agreement between HaeDanPa, LLC (also referred to as "HaeDanPa", "we", "our", "us") and you or the entity you represent (“you” or “your”). This Agreement takes effect when you check the box presented with these terms during sign-up and is immediately effective once you use any of the Service Offerings (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
2.1 A Customer's request through this Website for the provision of the Subscription Services constitutes an offer by the Customer to purchase the Services in accordance with this Agreement and any other applicable legal documents referred to herein.
2.2 The Customer's request shall only be deemed to be accepted if HaeDanPa has received cleared payment in full of the relevant Subscription Fees at which point and on which date the Contract between us shall come into existence ("Commencement Date").
2.3 This Agreement applies to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.1 HaeDanPa shall, during the Subscription period, use reasonable endeavours to provide the Services in accordance with the Subscription Plan in all material respects and subject to this Agreement.
5.2 The Customer shall further co-operate with HaeDanPa in all matters relating to the Services; and provide in a timely manner such information as HaeDanPa may request, and ensure that such information is accurate in all material respects.
6.1 The Customer shall carry out payment of the total amount set out in the Subscription Plan using one of the following payment methods: Account Credit, Mobile Money, Payment Voucher or direct cash payment.
6.2 The Customer shall make the first payment immediately pursuant to the purchase order and thereafter on the first day of each new period the Customer's Subscription Plan is renewed. The Customer agrees that, for each period, the amount set out in the Subscription plan may be withdrawn automatically from the Customer's account.
6.3 Change of Subscription - Upgrade: Should the Customer decide to upgrade to a higher Subscription Plan, he shall be advised that any remaining days or amounts of his previous Subscription Plan will be deducted from the new Upgrade Invoice amount.
6.4 Change of Subscription - Downgrade: Should the Customer decide to downgrade to a lower or free Subscription Plan, he shall be advised that his current Subscription Plan will remain active until the end of the current billing period.
6.5 Without prejudice to any other right or remedy that HaeDanPa may have, if the Customer fails to:
pay a Recurring Invoice within 30 days; or pay an Initial Invoice or Upgrade Invoice within a maximum of 24 hours, HaeDanPa may:
cancel the Upgrade process; or
Downgrade the Customer's Subscription to the Free Plan; or
terminate the Contract with immediate effect. suspend all or some Services until payment has been made in full; or
6.8.1 Refunds - Unassigned Payments: Any payments made by the Customer that cannot be assigned to pay any of the Customer's open invoices will be automatically refunded in full after a maximum of 32 days.
6.8.2 Refunds - Other: The Customer shall be aware that, if not specified or declared otherwise, due amounts paid by the Customer which are used as payments for open invoices (as set out in the Subscription Plan) are not refunded. However, under distinct circumstances and in case of appropriate reasons for the Customer's dissatisfaction, applying only for Customers on plans spanning not less than 6 months period, partial or complete refunds of paid amounts for the individual billing period may be offered.
6.9 The Customer shall be given the possibility to change his Payment Frequency by:
7.1 The Contract shall, unless otherwise terminated as provided in this clause, commence on the Commencement Date and shall be automatically renewed for each following billing period (as set out in the Customer's initial purchase order), unless:
7.2 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate the Contract without liability to the other if:
7.3 On termination of this agreement for any reason:
7.4 The Customer may terminate the validity of the chosen Subscription Plan at any time, being aware that, in case of a Downgrade, the current Subscription Plan remains active and available for use until the end of the current period, and that, in case of an Account Deletion, any use of this service including any paid features set out on the Subscription Plan will become unavailable immediately.
7.5 If not terminated by the Customer or HaeDanPa, the Customer agrees that the Customer's contract will remain valid for each period and periodically renew as set out in the Subscription Plan.
7.6 The Customer may terminate the contract and the validity of the Customer's Subscription Plan, being aware of condition 7.3, 7.4 and all other applicable conditions in this Agreement by:
8.1 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business.
8.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
8.3 This condition shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
9.1 HaeDanPa shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of HaeDanPa or any other party), failure of a utility service or transport or telecommunications network, natural disater, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of HaeDanPa or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
10.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
11.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
11.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.1 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.
14.1 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Ghanaian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ghana.
Should you have any questions, complaints, or comments about this Service Agreement, this service, or website, or require further clarification of any kind, please do not hesitate to contact us.