Zantel | Corporate

Definition & Duration

CUSTOMER RESPONSIBILITY

PAYMENT & TERMINATION

ZANTEL RIGHTS AND LIABILITY

LAWS

Definition

“Customer” means a user who has entered into a telecom service contract with Zantel.

PIN” means personal identification Number allocated to each SIM card.

“Service” means Telecommunication service and/or any other supplementary service offered by Zantel.

“SIM Card” means the Subscriber Identity Module card which is the property of Zantel issued to a customer

“Tariff” means fees, charges and rates as may from time to time be changed by Zantel with or without notice.

“TCRA” means Tanzania Communication Regulatory Authority “Zantel” Zanzibar Telecom limited.

DURATION OF AGREEMENT

This Agreement shall be in force from the date of commencement of the service when the SIM card is connected, or access is granted to the bulk SMS portal and shall continue for duration of 24 months; unless terminated on an earlier date in accordance with this Agreement or prolonged by mutual agreement between the Parties.
The Customer shall throughout the duration of this Agreement;

Have a valid contract issued for each SIM card issued under the provisions of regulations that maybe in force from time to time thereof.

Promptly pay all amounts due to Zantel in accordance with Zantel payment terms.

Promptly report in writing to Zantel on the discovery of any theft, fraud, loss, unauthorized usage or any other occurrence of unlawful acts/events in respect of the SIM card and/or bulk SMS portal.

Not to carry out any adjustments, modifications, or attachments to any SIM cards and/or its associated and/or related software used in connection with the service.

Return the SIM card to Zantel in the event that the SIM card service is terminated by Zantel. The Customer shall pay all fees and charges levied by Zantel in respect of issuance of a new SIM card if a request of the same is made.

Be responsible for the safety and confidentiality of the PIN allocated to each SIM Card and bulk SMS portal password. Zantel shall not be liable for any loss or damage that maybe caused by unauthorized usage of the SIM Card/bulk SMS portal.

In the event of registration/termination/re-registration by a representative, the customer shall provide to Zantel written proof of authorization of the representative.

Unsolicited and tele-marketing SMS are NOT ALLOWED according to the Regulation EPOCA 2011 (art. 7.4. a, Consumer Protection) except if receiving customer provide consent. The regulation requires that bulk SMS customers comply with existing and upcoming Law and Regulations and shall be totally responsible of the content of the SMS broadcasted.
Zantel shall not be liable for:

a. Any loss or damage which the customer may sustain from the suspension or termination of service or Agreement in accordance with clause 5.

b. Any loss or damage which may be occasioned through the interruption or loss of the service from any cause that are beyond Zantel control such as civil unrest, war or forces of nature.

c. Any loss or damage which may be caused by the loss or mutilation of data at any stage of the transmission whether in progress or complete.

d. All claims for libel, slander or infringement of copy right arising from the material transmitted or received in connection with the services and all other claims arising out of any act or omission of the Customer in connection with the service.

Zantel shall not be held liable for any defects that may exist or any costs, loss of profits, loss of data or consequential losses arising from Customers use or inability to use or access or failure to access, suspension or withdrawal of all or part of the service at any time. Zantel shall not be liable whether in contract, tort (including liability for negligence) or otherwise for any information and the value and/or integrity of goods and services offered by third parties over Zantel’s network.

Zantel reserves a right to amend and delete and/or vary any of the provision in here stated and Customer will be bound to observe, perform and comply with the provisions of this Agreement and amendments. Such amendments, as and when made shall be conveyed to the Customer by such means of written communication as deemed appropriate by Zantel.
LAWS APPLICABLE

This Agreement shall be governed by the laws of the United Republic of Tanzania and is subject to the jurisdiction of the courts of Tanzania.

FORCE MAJEURE

Zantel shall not be liable for any breach or delay of this Agreement in performance that is due to circumstance beyond its reasonable control.

THEFT OR LOSS OF SIM CARD

The Customer undertakes to notify Zantel immediately in writing when theft, loss or damage of a SIM Card occurs.

Zantel will immediately disconnect a lost, stolen, damaged or destroyed SIM Card on receipt of the Customer’s notification.
PAYMENT

Upon application/registration/termination/re-registration/transfer/ requisition/reconnection of the service, the Customer shall pay to Zantel a refundable deposit and such other non-refundable sums as determined by Zantel.

Any refundable deposit shall be held in the Customer’s account and repaid to the Customer after termination of the Agreement in respect of the service subject to deduction of any amount due to Zantel by Customer.

The connection fee and charges for the service shall be at the rates prescribed by Zantel from time to time. Zantel reserves the right to increase the amount of refundable deposit, fees, charges as and when deemed necessary by giving notice to the customer.

Zantel reserves the right to take legal action it considers necessary for the recovery of unpaid fees, and/or charges at the Customers expense/cost.

The Customer will be billed for SMS in accordance with published tariffs.

TERMINATION

The Customer may terminate this Agreement by giving Zantel not less than 90 days written notice.

Zantel reserves the right to summarily suspend this Agreement or Service without notice.

Termination of the Agreement by either the Customer or Zantel shall not relieve the Customer from his or her responsibilities under the terms and conditions incurred prior to the effective date of termination.

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