TELONE TELECOMMUNICATION SERVICES TERMS AND CONDITIONS  

1. Definitions  

Account- means the account maintained by TelOne in its books for services  

provided to the Customer;  

ADSL-means Asymmetric Digital Subscriber line;  

Agreement-means the TelOne Application Form for Telecommunication Services, read together with these terms and conditions and any payment instructions, letters and annexes thereto;  

Business day- means any day other than a Sunday or a public holiday in  

Zimbabwe;  

Customer Services Help or Call Centre-means the TelOne offices at which Customers may report faults or raise queries in relation to the provision of telecommunication services;  

Customer/Subscriber-means any person or class persons or an entity using or requesting telecommunication services available to the public;  

Data Roll Over: this is a process that happens when a Customer’s data package reaches the 30 day expiry window while there is still data for use and the remaining data is automatically made available to the Customer for another 30 day expiry window;

Data Transfer: means the process where one Customer who is on a limited data bundle can transfer a part of the data bundle to another Customer on a limited package as well;

Due date- means the day on which payment for post-paid service provided or to be provided by TelOne should be made;  

Initial Period-: means the 30-day validity period before expiry of any data bundle;

Modem:-means a Modulation and Demodulation device for transmitting digital data over telephone wires, or fibre or wireless system;  

POS Machine-stands for Point of Sale swiping machine;

Telecommunication Service/s (Service/s)-means the services offered by TelOne for a fee directly to the public, or to such classes of customers, regardless of the facility used, (such as fibre or fixed line, wireless or leased circuits), on application by the Customer for such service.  

2. Obligations  

2.1 TelOne will endeavor to provide the Customer with the required services in accordance with accepted industry practice and as provided in these terms and conditions.  

2.2 For Data and related services, the Customer maybe required to purchase the necessary apparatus or equipment such as routers or modems to enable TelOne to provide the required service.  TelOne will carry out the preliminary assessments and advise the Customer of the requirements of the particular service and the appropriateness of the apparatus where provided by the Customer.

2.3 The Customer shall be obliged to immediately bring to the attention of TelOne’s Customer Services Help Desk or Call Centre staff any malfunctioning, fault, query or complaint regarding the telecommunication equipment installed or services provided by TelOne by dialing the number 950 or any other number that may be availed to the Customer by TelOne.  

3 Transfer of Data

3.1 Transfer of data before the 30 day window expiry date is only available to TelOne Customers using limited data bundles.

3.2 The Transferee or customer receiving the data must have an active TelOne account, which was recharged in the last 60 days before the transfer date.

3.3 Data will only be transferred once, from one customer to another. The receiving customer will not be able to transfer the received data to yet another customer.

3.4 A transfer of data shall not be reversed once the transfer has been effected successfully from one Customer to another.

3.5 A Customer may only transfer data twice within each recharge cycle.

3.6 A Customer may only transfer 5GBs of their data package cap.

4 Rollover of Data

4.1 Data may be rolled over for a period of 30 days after expiry of the Initial window period for limited data bundles only.

4.2 Data rolled over to another window of 30 days will be forfeited if not used within the new 30 day window that is the “Rollover Period”.

4.3 The Rollover Period will not exceed 30 days.

4.4 Unutilized data will be automatically rolled over in the TelOne systems. In the event that the roll over does not happen automatically, the Customer has an obligation to urgently advise TelOne through any one of its various Customer Centres’ or Call Centre for rectification of the system.

4.5 Customers will not be eligible for further rollover of data once the Rollover Period has elapsed.

4.6 Data will first be consumed from the rolled over data, before using any new recharged data during the Rollover Period.

4.7 A change in the type of data bundle package during the Rollover period will not affect the rolled over data. The system will first use the rolled over data under the current package before using the data under the new package.

4.8 Top-ups of data will expire after 30 (thirty) days from the first date of utilization of the topped up data.

5 Payments  

5.1 The Customer shall make payments in advance or on or before the due date depending on the nature of service to the Customer, without set-off and free of any bank charges or deduction. Payment for services may be made in any of the following ways:  

5.2 In cash at any TelOne Customer Services Centre, Exchange or banking hall; or  

5.3 By cash or cheque deposit into TelOne’s Bank account (to be provided on request); or  

5.4 By cash or cheque deposit using specialized deposit slips provided in any one of the banks with a TelOne bill-payment facility; or  

5.5 By mobile money transfer, or internet banking or POS machine, where such facility is available.  

6 Costs  

6.1 The Customer shall be liable to pay interest on any overdue or outstanding amounts at the rate of 3% per month. The interest will:  

6.1.1 accrue daily and will be calculated on the basis of a 365 day –year, irrespective of whether or not the year in question is a leap year; and  

6.1.2 be calculated on the monthly outstanding balance, notwithstanding that such balance may have increased by being debited with interest thereon.  

6.2. The interest rate may be varied from time to time in line with market conditions. Any variation on the interest rate will be notified in writing to the Customer, provided that any delays in notifying the Customer of the variation shall not invalidate the claim for the new interest rate.  

6.3. The Customer shall be liable to pay 10% collection commission, attorney and client costs and any other legal costs incurred by TelOne in the event of legal proceedings being instituted against the Customer for a failure to pay for services provided or any other breach.

7 Applicable tariffs  

7.1 Tariffs/charges for services shall be as approved by the Postal and Telecommunications Regulator of Zimbabwe (POTRAZ), which tariffs will be provided to the Customer upon request.  

7.2 Tariffs/charges may be increased as and when approved by POTRAZ and TelOne shall use its best endeavors to give the Customer notice of any such increase as soon as possible, by advertising in the national print media before implementation.  

7.3 Tariff tables will also be available on the TelOne website or at its Customer Services outlets.  

7.4 In the event that there is a tariff change while a Customer is in possession of vouchers purchased under the old tariff, TelOne shall allow existing vouchers to be redeemed at the same package value before the tariff change, for a period not exceeding 30 days from the date of the new tariff implementation,  after which the monetary value of the voucher will be credited to a Customer’s account and the Customer will be required to top up the difference between the old tariff and the new tariff for a new package.

8 Limitation of liability  

TelOne shall not be liable to the Customer for any consequential damages or losses, howsoever arising, from the provision of any services under these terms and conditions.  

9 Suspension or termination of services for non-payment or recharge

9.1 TelOne shall be entitled to temporarily suspend services without notice, if the Customer fails to pay any amount due within a period of thirty (30) days from the due date. In the event of such temporary suspension of service, the Customer shall still be liable for payment of rental charges for services with such charge. If the Customer still fails to pay the outstanding amount due for usage and rentals, within a further period of thirty (30) days, TelOne shall proceed to terminate the services and take the necessary legal action against the Customer to recover the full amount owing as at the time of such termination.  

9.2 In the event that a Customer fails to recharge a broadband services account, (eg. ADSL, LTE or FTTH), for 30 consecutive days, TelOne shall send a reminder to the Customer informing the Customer that if the account is not recharged for a further 30 consecutive days from the date of expiry of the initial 30 days, TelOne shall suspend services without further notice to the Customer.  

9.3 If, service is suspension period at any point in time and the Customer no longer requires the services applied for, the Customer shall be obliged to give notice to TelOne of its intention to terminate services by signing the relevant termination form or sending to TelOne a written notice of termination of services. The Customer shall be liable to pay to TelOne any amounts owing as at the time of such termination, for services already provided to the Customer.  

9.4 Failure by TelOne to suspend or terminate services when the Customer has defaulted in making due payment for post-paid services shall not be taken as a waiver of TelOne’s right to claim all the amounts due for services provided to the Customer.  

10 Set-off and realization  

In cases where the Customer also provides any form of service to TelOne, the Customer agrees that in the event of a default on his/her part to pay any amounts for services provided by TelOne, TelOne may, without notice to the Customer, set off such amounts against any amount owed by TelOne to the Customer.  

11 Force majeure (events beyond TelOne’s control)  

TelOne shall not be liable for any loss suffered by the Customer, attributable to any delay or failure by TelOne to perform its obligations by reasons beyond its reasonable control or resulting directly or indirectly from the action or inaction of government or government authority or a failure in electricity supply, where applicable, or a computer failure, riots, strikes, lock-outs, boycotts, blockades or, labour disputes, revolution, civil strife, change in legislation or extreme changes in market conditions or from any act of God like floods and earthquakes, provided that, notwithstanding the foregoing, TelOne shall notify the Customer of any such event and shall take all reasonable steps to overcome the effects of any such event where possible. A continuation of such an event for a period of sixty (60) days shall entitle the Customer to terminate the agreement, provided that the Customer shall be obliged to pay for all services received from TelOne before the event of force majeure.  

12 Variation and Renewals  

12.1 TelOne may vary these terms and conditions from time to time on 14 days’ written notice to the Customer. No such variation shall be of any force or effect unless it is recorded in writing and signed by both TelOne and the Customer.  

12.2 Renewal of the agreement for the provision of services, where applicable, may be on the same or different terms.  

13 Assignment  

13.1 The Customer shall not assign, cede or transfer a part or any of its rights, obligations or benefits under the agreement for the provision of services, without TelOne’ s prior written consent.  

13.2 In the event that the Customer wishes to transfer his/her rights in any service to another, where this is possible, the Customer shall duly notify TelOne in writing or by filling in the necessary transfer form found at TelOne Service Centres.  

13.3 Failure by the Customer to notify TelOne of any assignment or transfer of rights in services shall not release the Customer from his/ her obligations to pay for services provided by TelOne.

14 Address for service  

14.1 The Customer chooses the address provided on the application form for Telecommunication Services (attached to these terms and conditions) for the service of any legal notice, correspondence or process.  

14.2 The Customer may change this address to any other physical address in Zimbabwe by giving written notice to TelOne.  

14.3 Any notice sent to the Customer by registered post will be deemed to have been validly given on the 5th business day after posting and if delivered by hand, it will be deemed to have been received on the day of delivery.  

14.4 For any other purpose, the Customer may accept notification by email to the email address provided on the Application form for Telecommunication Services, or to any other email address that the Customer may notify in writing to TelOne.  

15 Statements/Bills  

15.1 TelOne will, on a monthly basis, provide the Customer with a statement/bill of account for post-paid services provided.  

15.2 The statement/bill will show the amount due for services provided, rentals, where applicable, value added tax, the due date and interest where the account is overdue.  

15.3 Failure by TelOne to provide a statement/bill of account shall not be an excuse by the Customer not to pay for services provided.

16 Jurisdiction and Dispute resolution  

16.1 For claims for unpaid bills, the parties consent to the jurisdiction of any Magistrates Court in Zimbabwe, irrespective of the amount involved. TelOne reserves the right to institute proceedings in the High Court of Zimbabwe.  

16.2 Reference of a claim for unpaid bills to the ordinary courts shall not preclude the right of either TelOne or the Customer to refer any dispute for determination by POTRAZ, howsoever arising, under the agreement for the provision of services.  

17 General  

17.1 Under these terms and conditions, unless inconsistent with the content, words signifying the singular include the plural and vice versa.  

17.2 No indulgence or extension of time granted by TelOne to the Customer will operate as a waiver of its rights to payment.  

17.3 Each provision of these terms and conditions is severable from the others and if any provision is found to be illegal, invalid, defective or unenforceable by any competent court of law, it shall be severable from the rest of the provisions and the remaining provisions shall remain in full force and effect.  

17.4 The agreement created on acceptance of services from TelOne constitutes the whole agreement between the Customer and TelOne relating to the subject matter. Unless varied by the Parties, these terms and conditions will apply to any additional services, provided to the Customer from time to time.  

17.5 The agreement will be governed, interpreted and construed in accordance with the laws of the Republic of Zimbabwe.  

18 Privacy and confidentiality  

18.1 TelOne shall take all reasonable steps to protect the Customer’s personal information. However, TelOne is obliged to verify any information supplied by the Customer on the application form for Telecommunication Services. The Customer agrees that TelOne may:  

18.2 hold and process by computer or otherwise, any information obtained about the Customer as a consequence of the services contemplated in the application;  

18.3 disclose the Customer’s personal data and/ or information to TelOne’s external lawyers, auditors, sub-contractors or persons acting as TelOne’s agents;  

18.4 disclose such information to licensed credit reference agencies or any other creditor if the Customer is in breach of this agreement;  

18.5 disclose such information if compelled to do so by law and for the purpose of exercising any power, remedy, right, authority or discretion relevant to this agreement. Any such disclosure will not be deemed to be a breach of any duty to confidentiality and shall be made without reference to the Customer or requirement by TelOne to justify such disclosure.  

19 Over-Usage  

All Residential and Small to Medium Enterprises’ Customers’ Unlimited Packages carry a 1 and 2 Terabyte, respectively, fair use limit which can be adjusted at the discretion of TelOne from time to time.  

20 Currency clause  

Payment for services shall be made in the currency of the account as at the time of application for such services or if there are currency changes, the legal tender of Zimbabwe as applicable at the time of payment.