1. SERVICES AND PAYMENTS
1.2 All prices in this Agreement are in U.S. Dollars. Payment may be made in U.S. Dollars or Tanzanian Shillings at the prevailing exchange US dollars selling rate.
1.3 THE CLIENT agrees that Zanlink shall have the right to withhold any service rendered to THE CLIENT in lieu of any outstanding amount due to Zanlink.
2. RIGHTS, OBLIGATIONS AND LIABILITIES OF Zanlink
2.1 From time to time certain PoPs, servers, the whole or part of the Network may be closed down for routine repair or maintenance work. Zanlink shall give an average of 1 day’s prior notice in such circumstances and Zanlink shall endeavor to carry out such works during the scheduled maintenance periods.
2.2 Zanlink shall strive to deliver reliable and dependable service at all times. Zanlink commits to provide Network availability of 99.9% averaged over a period of one month. This measurement excludes scheduled repair and maintenance operations and downtime due to variables beyond the reasonable control of Zanlink.
2.3 Zanlink will provide the Service to THE CLIENT at their agreed location and that under these conditions THE CLIENT cannot require Zanlink to transfer the Service or Equipment to another location. In the event THE CLIENT requests the equipment/service to be moved to another location within or outside the Premises, then any expense incurred shall be borne by THE CLIENT.
2.4 Zanlink shall not be held responsible for any direct or indirect liability due to unavailability of the Internet for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits.
2.5 Zanlink is responsible for providing only the agreed specified services to THE CLIENT. Zanlink shall not be responsible for any other aspects of THE CLIENT’S network, computers, servers, software, hardware or any other services not supplied by Zanlink, unless such services are supplied by Zanlink.
2.6 Zanlink shall not be responsible for the type, manner and outcomes of the Internet use. Zanlink is not responsible for any damage or destruction caused by the use of the Internet either by computer viruses, hoaxes, or any other detrimental factor associated with the Internet.
2.7 All equipment/hardware to be used by Zanlink for provision of service to THE CLIENT is listed in the Installation work order form in Annex I. In the event the equipment cost is not charged to THE CLIENT, it shall at all times remain the sole property of Zanlink and under such circumstances, Zanlink has the right to retake possession of the equipment upon default of subscription fees payment or termination of the service by THE CLIENT for whatever reason.
2.8 Zanlink shall not be responsible for any damage or destruction to the equipment (whether supplied by Zanlink or by THE CLIENT) that is caused by factors such as power surges, lightning, theft, vandalism, negligence of THE CLIENT and so forth. THE CLIENT is responsible at all times for the safekeeping of the equipment. Zanlink gives a warranty of ninety days (90 days) to all equipment/hardware supplied to THE CLIENT against factory default only.
2.9 Any Internet Protocol address, username, password, e mail account or billing account allocated by Zanlink to THE CLIENT shall at all times remain the sole property of Zanlink and THE CLIENT will have a non-transferable right to use such address for the duration of this CONTRACT. If this contract is terminated for whatever reason, THE CLIENT’S right to use the Internet Protocol address shall automatically terminate.
2.10 Zanlink shall provide FREE telephone and e mail technical support to THE CLIENT. However if THE CLIENT insists Zanlink to visit them for problems that could have been solved online, or to solve problems that are not related to its services then Zanlink shall charge such visits to the clients. Our nominal costs for site visit will be as follows:
2.10.1 If the Site Visit requires us to rent transport then the cost for any remote sites will be USD35$, while for town areas this will stand at USD 12$.
2.10.2 If Zanlink requires to make site visits for any problem that is not related to Zanlink’s service or is end user related problem then Zanlink shall charge the client at an hourly rate of USD 10$ per hour.
2.10.3 Site visits for Pemba will include separate transport as well as upkeep costs such as boarding and lodging.
2.11 For the limited broadband plans that Zanlink provides, the upload/download limits (usage allowance) is measured in data packages of GB traffic used. Usage of the upload/ download limits beyond the data packages for THE CLIENT’S specific service plan as specified in the clients confirmation order and contract will result into disconnection of service of THE CLIENT. In such circumstances THE CLIENT shall require to either purchase additional data bundles or upgrade their packages to service plans with higher upload/download limits. The validity of the data in all plans is 1 month only (30 days) and cannot be carried forward for subsequent months.
3. RIGHTS, OBLIGATIONS AND LIABILITIES OF THE CLIENT
3.1 THE CLIENT shall address all matters relating to the service provided by Zanlink officially in writing to the Zanlink. Any communication made verbally or unofficially shall not be entertained.
3.2 The primary medium of communication between Zanlink and THE CLIENT shall be via e mail. All-important notices, reminders, disconnection notice, invoices and other legal communication will be sent by e-mail
3.3 THE CLIENT will call the following Help Line numbers to report a fault or problem.
3.3.1 Office help lines on 2237480/1 or 0777 476 666 that are open during office hours from 8:00 a.m. to 5:00 P.M between Monday and Friday and from 8:00a.m to 12:00 P.M on Saturdays.
3.3.2 Emergency helpline on 0777 477 777 that is open after office hours from 6:00 A.M to 8:00 A.M and again during 5:00 P.M to 12:00 (Midnight) between Monday and Friday, from 6:00 A.M to 8:00 A.M and 1:00 P.M to 12:00 (Midnight) on Saturdays, and from 8:00a.m to 12:00 (Midnight) during public holidays.
If THE CLIENT has not called the above numbers and reported the problem, Zanlink does not take any responsibility in acknowledging that there was a fault. If THE CLIENT contacts any Zanlink staff member on their personal mobile phones or otherwise to report a fault then Zanlink shall not take any responsibility for this.
3.4 THE CLIENT and its users shall not use or permit its end users to use the service in ways that violate laws, infringe the rights of others, interfere with users of Zanlink’s service or other service networks. THE CLIENT is responsible for the knowledge of and adherence to any kind and all laws and regulations pertaining to or any way connected with the service provided by Zanlink.
3.5 In the event THE CLIENT downgrades the service plan it has chosen to subscribe to, it may have to forfeit any benefit or incentives proposed or agreed in its current plan.
3.6 THE CLIENT warrants that it, as the registered user of the account, will keep the username and password secure and not let them become public knowledge. If the password becomes known to any other unauthorized user it will inform Zanlink immediately. Zanlink shall bear no responsibility for any outcome due to the negligence by THE CLIENT to fail to secure its username and password.
3.7 THE CLIENT agrees that they shall have no claims for the loss of Internet service against Zanlink for any problems occurring in THE CLIENT’S Computers, be it hardware problem, software problem or viruses or loss of power at THE CLIENT’s premises, non usage of the Internet service by THE CLIENT for a certain period, or any such reasons that cannot be addressed or fixed by Zanlink or are not Zanlink’s responsibility.
4. COMMENCEMENT AND DURATION OF THE AGREEMENT
This agreement shall come into force on the day of signing and shall remain in force during the 12 months contract period. Upon the end of the initial contract period and each subsequent term, this agreement shall automatically be renewed for an additional 12 months, unless terminated by either party under the terms of this agreement.
5. FORCE MAJEURE
5.1 No party hereto shall be considered in default of its obligations hereunder if the performance thereof is prevented or delayed by circumstances of Force Majeure which shall include war, revolution, civil commotion, labour conflicts, epidemics, contagious diseases, accidents, fire, strong winds, floods, earthquake, or because of any law, order proclamation, regulation of the Government, act of God or because of reason beyond reasonable control of the party affected.
5.2 If either party is unable by reason of Force Majeure to perform its obligations under this Agreement, such party shall give to the other party notice/report of the event within fourteen (14) days of its occurrence.
5.3 As soon as the cause of Force Majeure has been removed the party affected by such cause shall notify the other. If a party prevented from fulfilling its obligation by a state of Force Majeure lasting more than (30) days, the parties shall consult with each other to determine the future performance of the Agreement. Circumstances of Force Majeure shall not affect parties rights already accrued.
6. TERMINATION OF THE AGREEMENT
Either party may terminate this agreement at any time during the term of the Agreement by giving to the other party a written notice of its intention to do so of no less than ninety (90) days or pay 90 days subscription value in leau of the termination notice. In the case where THE CLIENT is provided with any equipment/hardware at no cost, then the full cost of the equipment/hardware shall be paid by upon termination of this agreement by THE CLIENT.
No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by both parties and their dully-authorized agents.
This Agreement shall be governed by and construed in accordance with the laws of Zanzibar. If at any time there is any dispute between the parties hereto relating to this agreement the parties shall each designate a senior officer to meet with designated senior officer of the other and shall use their best efforts to settle such dispute. If such senior officers fail to settle the dispute within fourteen (14) days after first conferring or if any party refuses to so meet the dispute shall be submitted to the Courts of Law in Zanzibar.
Any notice hereunder must be given in writing by either (i) delivering the message in person (ii) transmitting the message by facsimile or posted to the other party or (iii) by e mail to which such notice is to be given at the address set forth below or at such other address as may be given from time to time.
Zee Communications Ltd. (Zanlink)
P.O. Box 4204, Zanzibar, TANZANIA.
Tel: 255 – 24 – 223 7480/1. Fax: 255 – 24 – 223 7482