MOBILE VOICE SERVICES PROVISION AGREEMENT

Transcription

1 MOBILE VOICE SERVICES PROVISION AGREEMENT A. CUSTOMER INFORMATION Please select if you re an existing Customer Contract #. Corporate/Individual Name.. TIN Physical Address.. Postal Address Telephone No... Contact Person.. Telephone No..... VRN... City.. E- Mail.... Designation..... E- Mail. B. PLAN SUMMARY 1. Type of Service required: Tick the Service Applicable Post Paid Pre- Paid *One or Both services can be selected in one Contract 2. Selected Plan 2.1 Pre Paid Top Up MSISDN /Batches Monthly top Up *Where necessary, additional information can be attached Pre Paid Plan Plan Selection Standard CUG *Only one plan can be selected 2.2 Post Paid Plan MSISDN /Batches Post Paid Plans Post Paid Limit Standard Post Paid Z- Biashara Blackberry (Amount) Minimum Guarantee Amount CUG Selection Plan Monthly Amount* Plan Monthly Amount*

2 Where necessary, additional information can be attached *All the above prices are exclusive of VAT Post- paid Limit is the upper Limit that can be set for control Purposes. This can be changed anytime as per customer requirement but must be done in writing. 3. Handset S/n Handset Provided Quantity S/n Handset Provided Quantity *Handsets qualification depends on the selected plan or if there is commitment of airtime throughout the contract period and is Liable to Handset Agreement in Annex I. C. PAYMENT INFORMATION 5.1 Where Zantel activates the postpaid service on any day of a month other than the first day, the Customer shall be charged a pro- rata portion of the monthly fees in respect of that month. 5.2 In the event the Customer fails to pay the monthly charges at any time when such payment becomes due and payable, Zantel shall be entitled to suspend its services without notice. Zantel reserves the right to take any legal action it deems necessary for the recovery of unpaid charges/fees at the Customers expense/cost. 5.3 Zantel shall invoice the Customer monthly and the invoice shall be accepted by Customer as formal invoice if sent either by Zantel authorized staff, Courier, Scanned and attached on an to the Customer. 5.4 The Customer shall pay Zantel through any of the following methods; direct bank transfer, direct debit, Cheque, or through Zantel authorized staff. 5.5 All current charges are payable within 30days after the invoice date. 5.6 Roaming services are not provided as standard for post paid services and require a separate request form to be completed together with the roaming fee that is required annually. D. CUSTOMER DECLARATION I/We agree to request the service to be given to me/us as stated and specified in this application form. We declare the above information given is true and correct and confirm that we have read and agree to the terms and conditions set out in the service contract attachment. In consideration of the equipment subsidy as per the Plan summary of this agreement, customer commits himself/herself/themselves to a minimum airtime usage (subscription) equivalent to the post- paid or pre- paid bundle plan selected in the application. IN WITNESS WHEREFORE THE PARTIES herein have executed this Agreement on the date hereinafter appearing. Customer Name (Print) Signature... Date.. Name (Print).. Signature.. Date. For office use only Application Received by Signature & Date.. Activation Date.... Confirmation of physical visit of customer office/premise by....date signature

3 E. ZANTEL GENERAL TERMS AND CONDITIONS 1. Definition Customer means a user who has entered into a telecom service contract with Zantel Handset means a mobile phone. 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. 2. DURATION OF AGREEMENT This Agreement shall be in force from the date of commencement of the service when the SIM card is connected to the service and shall continue for duration of 24 months. Renewal of the Agreement shall be automatic until Customer terminates the Agreement as per clause 5.1; however Zantel reserves the right to renew the Agreement under new terms or not to renew at all. 3. CUSTOMER RESPONSIBILITY The Customer shall throughout the duration of this Agreement; 3.1 Have a valid contract issued for each SIM card issued under the provisions of regulations that maybe in force from time to time thereof. 3.2 Promptly pay all amounts due to Zantel in accordance with Zantel payment terms 3.3 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 Mobile handset. 3.4 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. 3.5 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. 3.6 Be responsible for the safety and confidentiality of the PIN allocated to each SIM Card and Zantel shall not be liable for any loss or damage that maybe caused by unauthorized usage of the SIM Card. 3.7 Ensure that the Mobile equipment used has the necessary TCRA type approvals and does not use Mobile equipment which contravenes the TCRA regulations or any laws of Tanzania. Zantel shall not be held responsible if the customer contravenes any of the TCRA regulations. 3.8 In the event of registration/termination/re- registration by a representative, the customer shall provide to Zantel written proof of authorization of the representative. 4. PAYMENT 4.1 Uponapplication/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. 4.2 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. 4.3 In the event of any fee and/or that remain unpaid after becoming due; Zantel reserves the right to charge applicable bank interest rates on the outstanding overdue payments. 4.4 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. 4.5 Zantel reserves the right to take any action it considers necessary for the recovery of unpaid fees, and/or charges at the Customers expense/cost. 4.6 The Customer will be billed for airtime in accordance with published tariffs. 5. TERMINATION 5.1 The Customer may terminate this Agreement by giving Zantel not less than 90 days written notice. 5.2 Zantel reserves the right to summarily suspend this Agreement or Service without notice. 5.3 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. 5.4 In the event a Customer has been provided with a handset(s), this clause shall be read along with clause 4 of the Handset Agreement in Annex I. 6. ZANTEL RIGHTS AND LIABILITY 6.1 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.

4 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. 6.2 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. 6.3 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. 7. INTERNATIONAL ROAMING SERVICE 7.1 International roaming services shall be available in those countries where Zantel has signed roaming Agreements with other Mobile Telecom operators. Roaming fee of TZS 200,000 required prior to activation of service. 7.2 Zantel and the operator of the visited telecommunication service network shall not be liable for any loss or damage which the Customer may sustain from or through the suspension/termination/interruption/loss or inability to use to use the roaming service from any cause whatsoever. 8. ZANTEL REMEDY 8.1 Zantel may, without prejudice to any other right or remedy to Zantel and notwithstanding any waiver of any breach, suspend or disconnect the service if: a) The Customer shall be declared bankrupt or receive a bankruptcy order or if the customer makes any composition or arrangements with or assignment for the benefits of his/her creditors. b) The Customer, in case of a company or firm becomes insolvent, shall be wound up or have a receiver manager appointed. c) Zantel is of the opinion that the Customer has failed to observe and perform any of the terms and conditions of this Agreement, any provisions of TCRA and regulations and/or other relevant laws in- force. 9. 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. 10. 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. 11. MISCELLANEOUS 11.1 Any notice or account which may be given or rendered by Zantel under this Agreement shall be deemed dually given or rendered if sent by ordinary post to the Customers usual or last known place abode or address In the event that a stamp duty is payable for the Agreement and imposed by the relevant authority, such duty shall be Bourne and paid by the Customer and the stamped original copy shall be retained by Zantel In this Agreement words importing the singular shall include the plural and vice versa. 12. THEFT OR LOSS OF SIM CARD 12.1 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. ANNEX I: HANDSET AGREEMENT (if Applicable) 1. Services 1.1 Zantel desires to provide certain services to the Customer as herein after described, and the Customer is desirous to make use of the services for a minimum period of 24 months subject to the terms and conditions herein. 1.2 Zantel will provide the Customer with a handset(s) for the use of the Customer to access Zantel network on the following terms; The handset(s) is supplied subject to a minimum subscription as indicated in the application, payable 30 days from invoice date This is an irrevocable 24 months fixed contract and may only be terminated for reasons of Force Majeure. Upon expiry of the initial term the Agreement may be renewed on the same terms and conditions or amendments and the parties may agree upon in writing. Force majeure means acts of God such as lightening, floods, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons from whom the party are not responsible (including other telecommunication service providers) or acts of government or competent authorities Zantel shall not be responsible for the Customer s loss of revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings in relation to the Services.

5 1.2.4 Note: some of the handsets are covered by limited supplier warranties; the Customer may contact Zantel for further information on the enforcement of such warranties (if any). 2. Customer s Obligations 2.1 The Customer shall promptly settle bills in compliance with Zantel s monthly tax invoices, exercise reasonable care of the handset and shall not transfer the handset without Zantel s prior written consent. 2.2 In the event of loss, theft, damage, or likelihood of unauthorized use of the handset, the Customer shall promptly inform Zantel s key account manager, and will be responsible for the loss of any charges incurred until Zantel is duly informed of the occurrence. Zantel will not be responsible for any lost, damaged, or stolen devices. 3. Miscellaneous Provisions 3.1 Any notice under this Agreement shall be in writing and delivered by hand or sent to the other party at the address reflected in this Agreement. Should either party change address it shall ensure the same is communicated promptly to the other, provided that Zantel may from time to time communicate information and offers to the Customer via the network and Customers Mobile phone. 3.2 This Agreement shall be read and construed in accordance with the laws of Tanzania. 4. Exit Clause 4.1 The following penalties shall be applicable in the event of early termination of this Agreement. 0-6months Month 7 to 12 Month 13 to 18 Month 19 to % of equipment(s) cost +VAT 75% of equipment(s) cost +VAT 50% of equipment(s) cost +VAT 25% of equipment(s) cost +VAT