APPLICATION AND AGREEMENT FORM FOR TELECOMMUNICATION SERVICES BUSINESS APPLICATION

Transcription

1 Application Fom SECTION 1 COMPANY DETAILS New Company Yes No Company Name Tading As Pevious Company Name Addess Contact Numbe Tel Cell Fax Registeed Numbe Natue of Business Yea of Incopoation Yea End Physical Installation addess.... Postal addess Postal code How long have you lived at Installation addess? Yeas & Months Status Owneship Leased - Landlods Name, Addess and Phone numbe. /. Rental.. BILL COMMUNICATION (Optional) Post( Default) Itemised bill to be included with statement: Yes No Both 1

2 Application Fom LIST OF DIRECTORS/MEMBERS/PARTNERS Name Suname Diecto Membe Patne Popietos Title Ms. Ms. M D Othe. Gende : M F M Foename (S) Suname ID Numbe Date Of Bith: (DD/MM/YYYY)../.. /.... Contact Numbe Wok Mobile Date of Appiontment Pecentage Shaeholding Diecto Membe Patne Popietos Title Ms. Ms. M D Othe. Gende : M F M Foename (S) Suname ID Numbe Date Of Bith: (DD/MM/YYYY)../.. /.... Contact Numbe Wok Mobile Date of Appiontment Pecentage Shaeholding 2

3 Application Fom MPANY & DIRECTOR S INFORMATION Diecto Membe Patne Popietos Title Ms. Ms. M D Othe. Gende : M F M Foename (S) Suname ID Numbe Date Of Bith: (DD/MM/YYYY)../.. /.... Contact Numbe Wok Mobile Date of Appiontment Pecentage Shaeholding SECTION 2 CUSTOMER CATEGORY Business Spaza PRODUCTS / SERVICE PACKAGE Post Paid Pe-Paid Voice Line Type Fixed Line ISDN Payphone PABX Fixed Wieless Data Line Type ADSL Dial-Up Leased Cicuit Wieless Boadband If Additional Line, please povide the exsisting telephone numbe(s) Othe sevices... Pefeed Addess... DISCLAIMER AND RIGHT TO VET I/we give the above fo the pupose of obtaining cedit and I/we undestand you may investigate my/ou cedit pofile and epot infomation concening the cedit expeience of my account to Cedit bueau and othes. Signatue of Applicant Signatue of Diecto(s) Signed at day of FOR CREDIT CONTROL USE ONLY 3

4 Application Fom Rate Plan Cedit Contolle Reason Signatue Note SERVICE DETAILS Sevice Name: Details BANK ACCOUNT DETAILS Payment Method Cash EFT Cheque Cedit Cad Debit Ode Pefeed Cedit Limit Name of Bank Type of Account Savings Cuent Banch Name Tansmission Othe: Banch Code Account numbe Ovedaft Limit Date Opened Signatue of Account holde Date Signed (DD/MM/YYYY)../.. /.... 4

5 Application Fom TRADE REFERENCES 1 Supplie Name 2 Supplie Name Postal Addess Postal Addess Contact Numbe Contact Numbe ADMIN DATA Invoice Addess (Postal) County Contact: Name & Suname Contact Numbe FOR OFFICE USE ONLY Assisted by Date YYYY/MM/DD Extension completed Documentation fom applicant to be kept in file. Business Application Cetificate of Incopoation, Copy of Fom J, Copy of Fom C, Tading License, Copy of Diecto s ID / Passpot and passpot sized photo. BILL COMMUNICATION (Optional) Post( Default) Itemised bill to be included with statement: Yes No Both 5

6 Application Fom TERMS AND CONDITIONS 1. Odeing of Sevices a. All sevices ae povided by the Swaziland Posts & Telecommunications Copoation (heein afte efeed to as the Copoation ) subject to these conditions. b. The Copoation eseves the ight to amend the conditions fom time to time subject to the povisions of the SPTC Act No. 11 of c. All pesons wishing to obtain a sevice must apply fo the sevice eithe by; a) By completing and signing an application fom, o b) Following any othe method acceptable to the Copoation d. Whee the custome application is fo an extenal emoval/tansfe of an existing sevice to a diffeent pemises, it will be teated as: a) An ode to teminate the sevice at the existing pemises, and b) An ode fo the povision of a new sevice at diffeent pemises. e. The Copoation eseves the ight to efuse to povide a sevice(s) if the applicant fails to meet the conditions of the Copoation s cedit efeencing pocedue. f. The Copoation eseves the ight to make geneal cedit efeence enquiies about the applicant who has applied fo a sevice(s) and to check coectness of the infomation supplied by the applicant when applying fo a sevice. The Copoation shall also be entitled to funish any infomation elating to the custome s account and compliance with these conditions to any cedit bueau. g. The custome waants and epesents that all infomation supplied by him/he in applying fo sevice is tue, coect and complete. h. Whee a custome cancels o modifies an ode fo a sevice such that abotive costs ae incued by the Copoation, the custome shall be liable fo such costs, which amounts shall be payable on demand. i. Whee the applicant is not the legal owne of the pemises, pemission must be obtained fom the owne of such pemises and the applicant shall indemnify the Copoation against all damages o claims esulting fom the failue to obtain such pemission elating to the installation, disconnection and o emoval of the sevice 2. Contact Details and Cedit Refeencing Pocedue a. This contact in espect of the sevice applied fo will become effective upon the date of signatue of this application, submitted by the applicant and appoved by the Copoation. b. The Copoation may: i. Veify all infomation supplied on the application fom; ii. Make enquiies and eceive infomation fom any peson, cedit bueau o financial institution in ode to establish the cedit wothiness of the applicant; iii. Access fom cedit bueaux, who ae membes of the Cedit Bueau Association and subscibe to its Code of Conduct, you pesonal infomation concening financial isk and payment habits fo puposes of cedit infomation shaing, faud pevention and debto tacing; 6

7 Application Fom iv. Povide infomation on the conduct of the custome s account to any cedit bueau o cedit povide. This may include shaing you payment pofile with cedit bueaux fo puposes of cedit infomation shaing, faud pevention and debto tacing; v. Utilise the custome s pesonal details fo maketing puposes; vi. Utilise the infomation povided fo administeing the Ageement; vii. The Copoation eseves the ight to decline the application should the applicant fail to meet the conditions of the company s Cedit Refeencing Pocedue o offe an altenative solution e.g. a pe-paid sevice. 3. Secuity Deposits 3.1 The Copoation eseves the ight to equest payment of a secuity deposit, in advance, as a pe-condition to poviding the sevice, and depending on a custome s cedit histoy. The deposit is to seve as secuity fo payment of any amounts due to the Copoation by the custome. 3.2 The Copoation may equie the custome to funish it with a guaantee including a Deed of Suetyship o othe foms of secuity in espect of monthly ental fees, chages o any othe monies which may be due and payable o which may at any futue time become due and payable by the custome. The Copoation eseves the ight to eview any custome s deposit whee such an account is consistently in default. 3.3 The Copoation shall be entitled to offset against a deposit, any amount due to the Copoation by the custome fo any eason whatsoeve, at any time while the sevice is povided, o at the temination of sevice. 3.4 The Copoation eseves the ight to equest payment of a secuity deposit in the event of the payment undetaking in this application is signed by a Non-Swazi citizen o whee the sevice has been suspended as a esult of non-payment. 3.5 The balance of any deposit shall be epaid by the Copoation to the custome on temination of sevice, subject to any offsets aising fom the condition No inteest is payable on secuity deposits held by The Copoation. 4. Installation of Custome Pemises Equipment (CPE) 4.1 The Copoation shall install the sevice, as equested by the custome, against the payment of the elevant installation chage and deposit, if applicable. 4.2 Whee the Copoation povides a basic telephone sevice, the Copoation shall supply and install an item of CPE, if the custome equests it. 4.3 Only CPE that has been appoved and licensed by the Copoation and which has all the technical and opeational chaacteistics of the appoved and licensed type may be connected to the telecommunications netwok. 4.4 Whee thee is applied fo the povision of an intenational pivate cicuit, the Copoation shall be esponsible fo poviding the half cicuit teminating in the local netwok. It is the esponsibility of the custome to place a matching ode with the elevant sevice povide fo the othe half of the cicuit teminating aboad. 4.5 The Copoation shall take easonable measues to meet the installation date as equested by the custome. The Copoation, howeve, shall not be esponsible fo any consequences of delay o liable fo any damages, costs o expenses whatsoeve, which the custome may incu o suffe if the equested date is not met. 7

8 Application Fom 4.6 Whee the custome intends to use the sevice fo the povision of telecommunications sevices fo which a telecommunication licence is equied, the Copoation eseves the ight to withhold the povision of the sevice, until the custome has obtained the necessay licence. 5. Diectoy Enties 5.1 The Copoation shall, with the pemission of the applicant, povide, at no chage, an enty in the Swaziland Telephone Diectoy fo the aea / town in which the sevice is povided and containing the following details: custome name, addess and sevice numbe. 5.2 The Copoation shall not make any enty in the Swaziland Telephone Diectoy, should the custome indicate, in witing, and equest fo an exclusion fom the diectoy. In such a case the applicant s diectoy infomation will be excluded fom any diectoy infomation sevice povided by the Copoation. 5.3 The applicant may make sepaate aangements fo special diectoy enties with the Official Advetising Contacto and Publishe of the Copoation Telephone Diectoy and Yellow Pages, at his / he own cost. The custome emains esponsible fo the account of such diectoy enties until the contact expies / is enewed. 5.4 The Copoation eseves the ight to emove the diectoy enty of a custome afte disconnection. 6. Billing 6.1 The Copoation will, on a monthly basis, povide the custome with an account which constitutes a statement of the sevices endeed and an invoice fo the amounts payable by the custome. 6.2 The Copoation may, notwithstanding the povisions of condition 6.1, at its own discetion, issue to the custome an account outside the nomal billing cycle, and/o demand immediate payment of any amounts due by the custome. 6.3 Detailed billing is available to customes in cetain cicumstances and will be povided on equest fom the custome against the payment of the applicable sevice chage. 7. Payment of Fees and Refunds of Fees 7.1 The custome is liable fo the payment of all chages as eflected in the account. 7.2 The Copoation shall levy chages fo the povisioning of sevices, including but not limited to installation chages, econnection chages, sevice chages, ental chages and call chages, in accodance with ates as detemined fom time to time and as publicized fom time-to-time. The custome will be liable fo all chages levied in espect of all sevices povided by The Copoation. 7.3 The Copoation shall bill call chages at the end of each billing peiod, which ae payable, with all othe chages included in the account, on o befoe the due date indicated on the custome s monthly statement of account. 7.4 Amounts due ae payable on o befoe the due date indicated on the account 7.5 The Copoation shall not efund any fees paid in espect of installation o activation cost of a sevice whee such an application was not cancelled pio to the commencement of the wok. 7.6 The Copoation may, howeve, at the company s own discetion, issue the custome with an account outside the nomal billing cycle and demand immediate payment of any amount due by such a custome. 7.7 The Copoation eseves the ight to use any cedit balance on any account held by the custome o othe sevice to set off against o to settle the amounts that ae in aeas. 8

9 Application Fom 7.8 The custome shall be liable fo all costs, including legal costs on an attoney and own client scale, as well as tacing cost and collection commission incued by the Copoation in o about the enfocement of any obligations of the custome in tems of these conditions. 7.9 The custome futhe agees that the account endeed by The Copoation is pima facie poof of the amount due to the company. The custome howeve is entitled to quey / dispute any aspect of the account within a easonable peiod of time. 8. Repoting of Sevice Inteuption and Maintenance of Sevices 8.1 The Copoation shall maintain the sevice(s) against the payment of ental / maintenance chages that ae payable fo the fist and subsequent ental peiod, as fom the date on which the sevice has been povided. 8.2 The Copoation eseves the ight to levy chages in espect of any afte-hous callout fo sevice maintenance whee such a fault is not caused by a majo beakdown in the communications netwok. 8.3 The Copoation eseves the ight to levy abotive maintenance chages in espect of any callout made by a technician and whee such a fault is caused by eithe the netwok o the custome s compute equipment connected to the company s line. 8.4 A sevice will be deemed to be in good woking ode until the Copoation is advised othewise by the custome. 8.5 A custome shall be entitled to a cedit on the monthly ental amount payable fo the sevice, po ata to the duation of the of the inteuption, if a) The sevice has been completely unavailable fo a continuous peiod of at least fifteen (15) days and which such inteuption was epoted to the Copoation and acknowledged; b) Whee in the case of customes with an existing Sevice Level Ageements (SLA) the inteuption in sevice o non-availability of sevice is fo a continuous peiod exceeding at least thee (3) hous 8.6 notwithstanding the povisions of condition 7.5, the custome shall not be entitled to a ental cedit o a claim on an SLA contact whee sevice becomes unavailable as a esult of a) unathoised o impope use of sevice, by any paty whomsoeve, with o without the knowledge o assent of the custome, o b) malicious damage to, o theft of, any element of the Copoation s coe netwok by any paty whomsoeve c) Whee the Copoation, with o without notice, teminates the sevices to the custome, fo whateve eason, including non-payment. 9. Suspension 9.1 The Copoation may fom time-to-time and without pio notice suspend the sevice and at its discetion disconnect the custome s equipment fom the switching netwok in any of the following cicumstances; a) Fo modifications to and o planned maintenance woks on the switching netwok, povided the Copoation will use its easonable measues to infom customes of any planned inteuption to sevice; b) Fo outine maintenance of intenational facilities, povided howeve that the Copoation shall give pio notice to any custome opeating a pivate cicuit on an intenational cicuit. c) If the custome has by the due date not paid any amounts due to the Copoation fo the sevice, in which case the Copoation may also suspend any othe sevice povided to the custome. 9

10 Application Fom 9.2 Notwithstanding any suspension of the sevice in tems of this povision, the custome shall emain liable fo all chages and fees due heeunde thoughout the suspension, povided that, in the case of condition 9.1, a) and b) above, the custome shall be entitled to a cedit on the ental payable fo the sevice as stipulated in condition Temination 10.1 This ageement may be cancelled by eithe paty, at the expiy of the minimum ental peiod applicable to the sevice, with eithe contacting paty giving a calenda month s notice (30 days) in witing, addessed to the othe paty Without pejudice to any othe claims o emedies which the Copoation may have against the custome in tems heeof o in law the Copoation may by notice teminate the sevice if the custome a) eceives a sevice while a sevice peviously supplied to his/he spouse, with whom he/she is maied in community of popety, was suspended because of non-payment and the amount due to the Copoation has not been paid; b) is in aeas with the payment of any amount due to the Copoation; c) emains in beach of any of these conditions and /o fails at any time to comply with any of these conditions; and d) has failed to emedy the beach within the time stipulated in the Copoation s notice The Copoation shall advise of a cedit o debit balances as soon as the account has been finalised The Copoation may teminate sevice without notice whee the sevice is povided as a dedicated pivate intenational cicuit whee any emote potion of the cicuit is suspended o teminated by the foeign sevice povide The copoation will not be liable fo any damages whatsoeve which may be caused by the cancellation of the ageement o by the temination o inteuption of sevice, notwithstanding any loss which the custome o any othe paty may suffe including consequential damages. Futhe the temination of this ageement shall not absolve the custome fom any of his liabilities aising out of this ageement Without pejudice to any othe claims o emedies which the Copoation may have in tems heeof o in law, the Copoation may teminate a sevice summaily without notice whee a) The custome has eceived a sevice as a esult of faud o misepesentation; b) The custome uses equipment in connection with the sevice that is not appoved and licensed by the Copoation fo such use on the switching netwok. c) The custome makes o offes to make any aangements o composition with his/he ceditos o commits any act of insolvency in the tems of the Insolvency Act o any applicable legislation. d) The custome uses the sevice o pemits the use of such sevice o any element theeof fo any illegal pupose in contavention of any Act of Paliament. e) The Copoation has been instucted to do so by an authoity competent to issue such instuction, o f) The Copoation fo any eason whatsoeve decides that it cannot povide o continue to povide the sevice equested in the ageement Afte the temination of the sevice fo whateve eason, including the above, 10

11 Application Fom a) The Copoation may ente the custome s pemises to emove the telecommunication facilities; and b) The custome shall pay on demand all chages and/o costs outstanding at the time of temination, o accued theeafte as a esult of the temination. c) The Copoation may delete any enties in the telephone diectoy petaining to the custome s sevice. 11. The Act 11.1 This ageement shall in all espects be govened by and emain subject to the povisions of the Swaziland Posts and Telecommunications Copoation Act No. 11 of 1983, and any amendments to the said Act, togethe with the elevant egulations. 12. Othe Tems 12.1 In this ageement the wods denoting the singula include the plual and wods denoting a paticula gende include the othe gende No vaiation of any tems of this ageement shall be binding on the paties unless educed into witing and signed by them espectively and only if signed by duly authoized employees of the Copoation Should the Copoation institute poceeding fo the ecovey of any amount to it, the custome shall be liable fo the legal costs incued on the scale as between attoney and own client, collection commission at the ate of 10% on all amounts ecoveed and inteest on aeas amounts at the ate of 2% above the pime lending ates levied by the Copoation s banke fom time to time. 13. Boadband Access 13.1 The povision of boadband access sevice is subject to the Copoation s standad tems and conditions as they appea in the application and ageement fom fo telecommunications sevices. The Copoation accepts no liability fo any loss o damages to the popety o equipment of the custome aising out of the povision, installation o maintenance of the Copoation s ADSL access sevice. The custome will be fomally notified on whethe o not the ADSL access sevice can be povided The povision of ADSL sevice cannot be guaanteed and depends on the adial distance and pot availability fom the custome s neaest exchange. Each ADSL account is only fo use at the pemises as indicated on this application fom and is not tanspotable unless moving pemises. The Copoation eseves the ight to disconnect the line in the event that the custome defaults fo a peiod of 30 days and he/she will be expected to pay the full amount outstanding. In addition the account shall be disconnected in the event that it is used fo any illegal o anti-social puposes, including abusive, faudulent, obscene, etc. Povision is subject to netwok availability, distance, coppe quality and line sync speed limitations. The ADSL plan the custome has chosen is based on self installation with telephone suppot povided by the Copoation. The bundled offeing is subject to a 24 months ageement and the following shall apply if cancelled pematuely: a) A penalty equivalent to one month ental chage. b) The custome will etun the modem to the neaest Telecente. 11

12 Application Fom 13.3 Upon expiy of the 24 months peiod, this ageement shall automatically be enewed fo a successive 12 (twelve) calenda month peiod commencing on each annivesay of the commencement date, unless teminated in accodance to these conditions. 14. Pohibition of Cession o Tansfe of Rights 14.1 The custome shall not cede, assign, tansfe, sublet o in any way whatsoeve pat with his ights in tems of this ageement without pio witten consent of the Copoation. 15. Geneal Liability: 15.1 The custome undetakes to indemnify and hold The Copoation hamless against any losses, damages, expenses and cost that the custome may incu, diectly o indiectly, as a esult of claims by thid paties aising fom the installation and povision of the sevice The custome ecognises that lightning is a common phenomenon in Swaziland and undetakes to take all easonable pecautions to potect his / he custome pemises equipment (pcs and fax machines etc) connected to the Copoation netwok, The Copoation accepts no liability fo any damages in this egad Except as specifically povided in the Geneal Tems and Conditions, The Copoation shall not be liable to the custome fo any beach of these Geneal Tems and Conditions o failue to pefom any obligation as a esult of any foce majeue, including but not limited to the Govenment contols, estictions o pohibitions o any othe Govenment act o omission, whethe local o national, any act of default of any supplie, agent o sub-contacto, industial disputes, stikes o wok stoppages of any kind o any othe simila o dissimila cause, in so fa as these ae beyond the company s contol The failue of The Copoation to enfoce at any time the Geneal Tems and Conditions o any pat theeof, o any ight with egad theeto shall in no way be constued to be a waive of the povisions of such a condition o to be an estoppel o novation o in any way affect the validity of such condition. Any indulgence towads the custome o the elaxing of the povisions of a condition shall not pejudice the ight to The Copoation to insist on the custome s compliance to undetakings and obligations in tems of these Geneal Tems and Conditions The Copoation eseves all ights to intellectual popety in elation to any sevice(s) endeed to the custome and the custome heeby indemnifies The Copoation against any claim(s) aising in connection with The Copoation s vested intellectual popety ights The Copoation and the custome consent to the juisdiction of the Magistate s Cout in espect of the settlement of any dispute and / o claim aising between the paties, egadless of whethe the amount in dispute o the value of the matte in dispute might othewise exceed the juisdiction of such Cout and that the custome shall not assign o cede this ageement o any ights. 12

13 Application Fom N.B. THE CORPORATION RESERVES THE RIGHT TO VERIFY ANY OF THE INFORMATION REQUESTED WITHOUT FURTHER REFERENCE TO THE APPLICANT. 16 I/we confim that, I have ead, undestood and accept the tems and conditions on this fom and that the details I/we have given on this fom ae coect and complete. APPROVAL AND / OR ACCEPTANCE FROM APPLICANT Name and Suname Signatue Place Date DD/MM/YYYY 13