Terms & privacy

1. Acceptance of Quotation and Contract Formation

The Customer has accepted Telco's offer to provide the services described in these terms and conditions and agrees to the pricing set out herein. Such acceptance is evidenced by the Customer's physical signature on the Quotation / Agreement, or by an electronic signature, or by ticking a checkbox or clicking an 'Accept' button on an online platform, or by the Customer's payment for the services; and the parties agree that no services shall be rendered until the Customer has accepted this Agreement in one of the specified forms above. These terms and conditions govern the entire contract for the supply and purchase of services.

2. Services Provided by Telco

Telco is licensed by the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) to establish, maintain, and operate an Internet Access network, including Local, National, International internet services, and Voice over Internet Protocol (VoIP). We are also authorized to install Telecommunications infrastructure, such as VSAT terminals, fibre optic, and wireless, to supply internet-based services throughout Zimbabwe.

3. Contract Period and Renewal

The contract period begins on the date the quotation is signed and returned to Telco, or upon commissioning of the service, whichever occurs first. The initial term is twelve (12) months. Upon expiry of the initial term and each subsequent term, the agreement automatically renews for an additional twelve (12) months, unless either party provides written notice at least one (1) month prior to the end of the current term stating that the agreement shall not be renewed. Rental fees are charged from the date the link is commissioned.

4. Payment Terms

• Monthly Fees: A monthly recurring fee (excluding taxes) is charged for all services, as detailed in Annexure B of the contract. ZWL invoices will be sent using the prevailing official rate.
• Advance Payment: Payment is due monthly in advance on the first day of each calendar month. If service begins mid-month, the amount payable will be pro-rated.
• Payment Methods: All payments must be made to a Telco service address, bank account, or any other authorized payment method advised by Telco.
• Basic Fee: A basic fee is charged regardless of service usage.
• Late and Non-Payments: Late and non-payments will result in service suspension, with reconnection only upon full settlement of outstanding amounts. Customers will continue to be charged for the service during suspension due to non-payment. Late payments will incur interest at the prevailing Stanbic Bank lending rate plus two (2) percent per annum.
• Collection Costs: If a customer defaults on payment, Telco, after issuing a reminder, may hand over the account to its attorneys. The customer is responsible for collection commission, tracing charges, and legal costs incurred by Telco in pursuing unpaid services. Telco's invoice serves as proof of amounts owed.
• Currency Changes: In the event of a change in currency, Telco may vary service prices to suit the new currency. Services supplied before the currency announcement, whether invoiced or not, are payable in the currency in use at the time of service supply.

5. Customer Responsibilities

Customers are responsible for:

• Paying a non-refundable installation/configuration fee.
• Paying a monthly rental in advance, starting from the first month of operation.
• Owning, maintaining, and replacing at their own cost all customer premise equipment (CPE), such as wireless routers, servers, IP phones, and PABXs.
• Reporting any damage to Telco's infrastructure due to their actions within twenty-four (24) hours.
• Promptly reporting any internet problems, including speed and accessibility, to Telco.
• Providing and maintaining all computer equipment, software, and telecommunications services necessary to access the Service.

Customers acknowledge that WiMAX CPE kits, Optical Fibre ONUs and cables, copper cables, and all other access infrastructure are owned by Telco and will be recovered upon contract termination.

6. Telco's Responsibilities

Telco is responsible for:

• Installation and maintenance of all external access network infrastructure, including optical fibre cables, copper cables, WiMAX, and VSAT equipment.
• Providing a continuous and effectively monitored service, and immediately responding to customer concerns regarding speed, accessibility, or any damage affecting internet usage.

7. Restrictions on Reselling and Assignment of Internet Use Rights

• Premises Limitation: The customer's use of the Service is limited to their premises.
• No Resale/Extension: Customers may not resell or extend the Service via wires, wireless, or other means to other users outside their immediate premises.
• Separate Services for Rental Units: Rental units attached or not attached to the customer's premises are considered separate and require a separate Service establishment with Telco.
• Securing Wireless Networks: If a customer deploys a wireless network connected to the Service, it must be secured to prevent unauthorized access.
• Access for Members: Customers may provide access to the wireless network to their members within the premises.

8. Voice Over Internet Protocol (VoIP)

While Telco does not prohibit VoIP, such service cannot be used exclusively and should not be relied upon for 911 services.

9. Modification or Variation of Service

Telco may modify or restrict the customer's use of the Service at any time without advance notice if Telco determines, in its sole discretion, that the customer's use of the Service:

• Violates the Acceptable Use Policy.
• Violates any laws, regulations, court orders, or other governmental requests or orders requiring immediate action.
• Violates any intellectual property rights of Telco or a third party.
• Is disruptive or causes a malfunction of the Service.
• May expose Telco to potential legal liability if the customer does not correct the violation within fourteen (14) days.

Telco may suspend or terminate the agreement if the customer fails to timely pay any amounts due.

10. Service Availability Guarantee

Telco guarantees a service level availability of 95% as measured/calculated in Telco's Network Operating Centre (NOC) monthly report. If this guarantee is not met, a pro-rata credit note based on downtime will be raised upon request. Unavailability due to scheduled maintenance, customer equipment faults, third-party equipment failures beyond Telco's control, or force majeure events (strikes, riots, acts of God, etc.) are not considered service interruptions for credit purposes.

11. Maintenance

Telco undertakes to provide a continuous and effectively monitored service. Engineering support services are available 24 hours a day, 7 days a week. Call-out jobs may incur a per-hour labor charge and per-kilometer transportation charge from Telco's support office if the fault is not due to poor workmanship, fault, or failure of the Telco system. The customer is responsible for the cost of terminal equipment spares and repairs to the service. Only Telco-authorized personnel are permitted to work on the supporting infrastructure.

12. Termination of Service

• Customer Termination: Subsequent to the initial term, the customer may terminate the agreement by giving Telco six (6) months written notice. The customer will then pay Telco an amount equivalent to six (6) months' rental of the terminated service in lieu of notice, plus any associated costs.
• Telco Termination: Telco may terminate the contract without liability to the customer if:
  • The customer fails to pay any amount due and remains in default for at least seven days after written notification.
  • The customer commits a material breach that is irremediable, or fails to remedy a remediable breach within 10 days of written notification.
  • The customer repeatedly breaches terms in a manner that justifies the opinion of inconsistent conduct.
  • The customer suspends or threatens to suspend debt payments, is unable to pay debts as they fall due, admits inability to pay debts, or is deemed unable to pay debts under the Insolvency Act (Chapter 6:04).
  • The customer commences negotiations with creditors for debt rescheduling, or enters into a compromise or arrangement with creditors (unless for solvent amalgamation or reconstruction).
  • A petition is filed, notice given, resolution passed, or order made for winding up (unless for solvent amalgamation or reconstruction).

Termination or expiry does not affect accrued rights, remedies, obligations, or liabilities, including the right to claim damages for breaches existing at or before termination.

13. Limitation of Liability

Telco's total financial liability to the customer in connection with the contract is limited to one month's charges/fees paid for the Services. Telco shall not be liable for various types of losses, including loss of profits, business, goodwill, anticipated savings, goods, contract, use, or corruption of data or information, or any special, indirect, consequential, or pure economic loss. All implied warranties, conditions, and other terms are excluded to the fullest extent permitted by law.

14. Indemnity

The customer agrees to defend, indemnify, and hold Telco, its directors, management, agents, technicians, and assigns harmless from any liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) caused by or arising out of the customer's or its employees' actions in connection with the contract. The customer also agrees to promptly notify Telco of any complaints, claims, or actions made, threatened, or initiated against them related to receiving the service.

15. Use of Telco Service

Telco services may only be used for lawful purposes. Customers, their employees, or representatives are prohibited from transmitting unlawful, obscene, profane, hateful, or otherwise objectionable information. They may not engage in conduct that constitutes a criminal offense, infringes on third-party rights, gives rise to civil liability, or violates any local or international statutes, rules, or treaties. Participation in such activities may lead to temporary disconnection of service at Telco's discretion without prior notice.

16. Acceptable Use Policy

Telco reserves the right to remove any content or terminate access for any reason, including violation of laws or the Acceptable Use Policy. Examples of inappropriate actions include, but are not limited to:

• Interfering with other users' ability to use and/or enjoy the Service.
• Excessive bandwidth utilization.
• Engaging in peer-to-peer file sharing.
• Selling unlawful goods or services.
• Posting obscene, lewd, pornographic, excessively violent, harassing, or otherwise objectionable content.
• Advocating or promoting violence against governments, organizations, groups, or individuals.
• Posting content that damages Telco's reputation or goodwill.
• Violating copyrights, patents, trademarks, trade secrets, or other intellectual property rights.
• Failing to obtain required permissions for protected works.
• Deleting or altering author attributes or copyright notices without permission.
• Engaging in tortuous behavior, including posting libelous, defamatory, threatening, or private information without permission, or introducing viruses, worms, Trojan Horses, or other harmful code.
• Reselling or extending the Services beyond the customer's household. A rental unit is considered a separate household.

Telco may revise this Acceptable Use Policy at its sole discretion without prior notice, with changes posted on www.telco.co.zw/legal.

17. Dispute Resolution

The courts of Zimbabwe have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement.

18. Domicilium Citandi Et Executandi

Telco's domicilium et executandi is 475 Pomona Industrial Park, Pomona, Harare. The customer's domicilium executandi is as stated in the quotation or purchase order. Either party may vary its domicilium by giving notice to the other within ten days of the change. Notices given by the customer will be presumed received on the tenth day after posting or day of delivery. Telco may flight its change of address in a local daily newspaper as sufficient notice.

19. Disclaimer

Telco disclaims other warranties, whether expressed or implied, including implied warranties of merchantability and fitness for any particular purpose. Under no circumstances shall Telco be liable for any damages (including loss of business profits, business interruption, or loss of business information) arising out of the use of the service.

20. Force Majeure

Neither party is liable for delays caused by third-party strikes, riots, wars, government regulations not in place at the agreement's commencement, Acts of God, Acts of State, fire, flood, major loss, or any other similar event beyond reasonable control.

21. Entire Agreement and Variations

This Agreement supersedes all prior verbal or written agreements or understandings. No variation or addition to this Agreement is effective unless reduced to writing and signed by both parties. Neither party has given any warranty or made any representation not expressly set out in this Agreement.

22. Confidentiality

Parties agree to protect each other's confidential information disclosed under this agreement, unless required by law, court order, or regulation. Confidential information must be stored and handled to prevent unauthorized disclosure.

23. Call Logging and Escalation Procedure (Customer Support)

All service requests are logged and managed centrally from Telco Customer Care Help Desk. Customers can register a service request via:

• Electronic Mail: noc@telco.co.zw / custcare@telco.co.zw
• Telephone: 08683 000 000-6

Required information for service requests includes Customer Name, Call Originator, CR (Call Request) Number (for follow-ups), and Description of problem. The fault will be assigned a reference number.

This is the full Terms of Service governing your contract with Telco.